What is the content of Article 245 of the Criminal Procedure Law

Article 245 of the Criminal Procedure Law regulates the items involved in criminal cases. In addition to the victim's lawful assets, which shall be returned, the remaining financial and fruit of the case involved in the number of cases that have been seized, sealed, or frozen, is to be handled in accordance with the judgment where there is a judgment, and where there is not, it is to be turned over to the state treasury.

[Legal basis].

Article 245 of the Criminal Procedure Law: Public security organs, people's procuratorates, and people's courts shall properly keep the property of a criminal suspect or defendant and its fruits that have been sealed, seized, or frozen, for verification, and make a list and transfer it with the case. No unit or individual may misappropriate it or dispose of it on its own. The lawful property of the victim shall be promptly returned.

Contraband or items that are not suitable for long-term storage shall be handled in accordance with relevant state provisions. Physical objects used as evidence shall be transferred with the case, and where it is not appropriate to transfer, their lists, **, or other supporting documents shall be transferred with the case. Judgments made by people's courts shall dispose of sealed, seized, or frozen property and its fruits.

After a judgment made by a people's court takes effect, the relevant organs shall dispose of the sealed, seized, or frozen property and its fruits in accordance with the judgment. All sealed, seized, or frozen stolen money and property, as well as the proceeds thereof, shall be handed over to the state treasury, except where they are returned to the victim in accordance with law.

Article 41: [Litigators] Entrusted litigants are to be carried out with reference to the provisions of article 32 of this Law. Article 32: [Self-Defense and Leniency and Retention of Defense] In addition to exercising the right to defend themselves, criminal suspects and defendants may also retain one or two defenders. The following persons may be appointed as advocates:

a) Lawyers; (2) Persons recommended by people's organizations or the criminal suspect or defendant's unit.

Article 177, Paragraph 2 of the Criminal Procedure Law Where the circumstances of the crime are minor and it is not necessary to impose a criminal penalty or waive the criminal punishment in accordance with the criminal law, the people's procuratorate may make a decision not to prosecute. In cases where the people's procuratorate decides not to prosecute, it shall at the same time release the sealing, seizure, or freezing of assets that were sealed, seized, or frozen during the investigation. Where it is necessary to give administrative punishment or sanction to the person not being prosecuted, or to confiscate their unlawful gains, the people's procuratorate shall submit a procuratorial opinion and transfer it to the relevant competent organ for handling.

The relevant competent organs shall promptly notify the people's procuratorate of the outcome of the disposition.

Article 245 of the Criminal Law [Crime of Illegal Search] [Crime of Illegal Invasion of Residence] Whoever illegally searches the body or residence of another person, or illegally invades another person's residence, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention.

Where judicial personnel abuse their authority and commit the crimes described in the preceding paragraph, they are to be given a heavier punishment.

Article 39 of the Constitution of the People's Republic of China stipulates: "The homes of citizens of the People's Republic of China shall be inviolable. It is forbidden to unlawfully search or trespass into the homes of citizens. This provision is the constitutional source of the provisions of article 245 of the Criminal Code.

The offence of trespass refers to the crime of trespassing against the will of the members of the dwelling[Legal basis].The act of refusing to leave a citizen's house after entering a citizen's house, or refusing to do so after entering a citizen's house.

Extended information: The criminal form of this crime can be discussed in two situations.

1) An act that constitutes a crime under the condition of "trespassing" is an act. From the point of view of the composition of the crime, as long as the act of trespassing into the dwelling is carried out against the will of the members of the dwelling, the constitutive elements of the crime of illegal trespass are met, and the length of stay after the trespass should not be emphasized. The physical intrusion of the perpetrator into the dwelling is only instantaneous, and the trespass, once completed, constitutes the completion of the crime, and the length of time for which the trespass is the circumstance of the offence.

2) Where a crime is constituted on the condition of "refusal to withdraw", it is a continuing offense. After requesting to withdraw, the perpetrator refuses to withdraw, and his violation of the state of the dwelling is a continuous act. As long as the perpetrator does not leave the army and excuses himself from the house, the violation or threat to the right to the tranquility of the home continues, and the crime is completed.