The legal basis for the return of seized items, the legal provisions for the return of seized items

The seizure of items by the public security organs and procuratorates is to ascertain the facts of the case, and to return them or transfer them to the procuratorate or court for judgment with the case, and to return items unrelated to the case;

The seizure of items by the court is a property preservation and enforcement measure taken by the parties after the application of the parties, and will generally not be returned, and the compensation will be discounted;

The seizure of items by the industrial and commercial bureau is for the purpose of administrative punishment and is to be confiscated.

Actually, I think you may have some inappropriate understanding of this issue: you are too inclined to think that the actions of your own agency are wrong, to separate the later act of return from the previous act of seizure and inspection, and to think that the latter act is the previous act of compensation. In fact, your case-handling behavior should belong to the administrative supervision and inspection act, the appraisal is an auxiliary act of the inspection, and the exercise of this act is the administrative authority of your organ, and the subsequent return act is part of the entire supervision and inspection.

That is to say, this whole process is an act of exercising your authority, and after appraisal, the CD is a genuine CD, then it should be returned to the parties, and this action is completed, even if the supervision and inspection of the parties is completed.

In general, the process of this behavior is: you exercise your authority to supervise and inspect, and after investigation, the party concerned has no illegal acts, and return the inspected items to the party.

When returning the CD-ROM of the parties, it is necessary to fill in the legal basis, indicating the corresponding supervision and management authority or inspection function.

Done, thanks.

In accordance with the "Administrative Punishment Law" and the relevant laws.

Draft law on administrative coercion?

There is no formal executive coercive legislation.

Administrative Penalty Law?

Article 54: Administrative organs shall establish and complete systems for oversight of administrative punishments. People's at the county level or above shall strengthen oversight and inspections of administrative punishments.

Citizens, legal persons, or other organizations have the right to appeal or report administrative punishments imposed by administrative organs; Administrative organs shall earnestly review and discover that there are errors in administrative punishments, they shall take the initiative to make corrections.

Can you be a civil servant if you are legally illiterate?

The provisions on the return of seized items in criminal investigation are: seizures related to criminal cases, and those unrelated to criminal cases need to be returned to the parties within three days, and for unclaimed items, an announcement may be issued, and they shall be disposed of as unclaimed property within six months, depending on the actual situation. If the seized items are not related to the case, they shall be returned in accordance with law, and the person who has seized the items may make inquiries to the public security organs with the list of seizures.

Legal analysis

In the course of the trial of a criminal case, it may be necessary to carry out compulsory measures against the parties, but the relevant items involving the parties must be handled in accordance with the relevant provisions and procedures of the judicial organs, especially for items seized in the course of criminal investigation, they must be returned to the parties within the prescribed time limit. The people's courts shall properly keep the defendant's property and its fruits that have been sealed, seized, or frozen, and make a list and attach it to the case file for future reference; The defendant's property and its fruits transferred by the people's procuratorate with the case shall be properly kept after verification on the basis of the list. No unit or individual may misappropriate it or dispose of it on its own.

The seized articles shall be registered and the name, model, specification, quantity, weight, quality, fineness, purity, color, newness, defective characteristics, and so forth shall be clearly indicated. The seizure of currency and valuables shall be registered and the name, amount, denomination, etc. of the currency and valuables shall be indicated, and the currency shall be deposited in a special bank account, and the name and contents of the bank deposit vouchers shall be registered.

Legal basis

Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs

Article 222: With the approval of the responsible person at a public security organ at the county level or above, investigators may conduct searches of the bodies, belongings, residences, and other relevant places of criminal suspects and persons who might be hiding criminal or criminal evidence, so as to collect evidence of a crime and find the offender.

Article 225:When conducting a search, the person being searched or his family, neighbors, or other witnesses shall be present. Public security organs may request that relevant units and individuals hand over physical, documentary evidence, audio-visual materials, and other evidence that can prove the criminal suspect's guilt or innocence. Where there is an obstruction to the search, investigators may compel the search.

Searches of women's bodies shall be carried out by female staff.

Article 228: Where it is necessary to seize property or documents during the course of investigation, a written decision on seizure shall be drafted with the approval of the responsible person for the case-handling department; Where it is necessary to seize property or documents during on-site investigation or search, the on-site commander is to make a decision; However, where the value of the seized property or documents is relatively high or might seriously impact normal production and operation, a written decision on seizure shall be drafted upon the approval of the responsible person at a public security organ at the county level or above. Where it is necessary to seal land, houses, or other immovable property, or specific movable property such as ships, aircraft, or other large machinery or equipment that is not suitable for movement, it shall be upon the approval of the responsible person at a public security organ at the county level or above, and a written decision on sealing shall be drafted.

The seizure of items by the public security organs and procuratorates is to ascertain the facts of the case, and to return them or transfer them to the procuratorate or court for judgment with the case, and to return items unrelated to the case;

The seizure of items by the court is a property preservation and enforcement measure taken by the parties after the application of the parties, and will generally not be returned, and the compensation will be discounted;

The seizure of items by the industrial and commercial bureau is for the purpose of administrative punishment and is to be confiscated.

The legal provisions on the return of seized items by the public security organs include: if the seized items are not related to the case, they shall be returned in accordance with the Dachang Law, and the person who has seized the items may make inquiries to the public security organs with the list of seizures.

Legal basis: Article 247 of the Civil Procedure Law of the People's Republic of China provides that after property is sealed or seized, the executor shall order the person subject to enforcement to perform the obligations set forth in the legal document within the specified period. Where the person subject to enforcement fails to perform within the time limit, the people's court shall auction off the property that has been sealed or seized; Where the auction is not appropriate or both parties agree not to conduct the auction, the people's court may entrust the relevant unit to sell it or sell it on its own.

The state prohibits the free sale of goods, handed over to the relevant units in accordance with the provisions of the state for purchase.

Legal analysis: In criminal cases, the property that should be returned after being seized only stipulates: "If it is found that it is indeed irrelevant to the case, the seizure shall be lifted within three days and returned to the original owner", but there is no provision on how long after the property is seized and found out that it is irrelevant to the case.

In this way, it is inevitable that the provision that "it shall be returned to the original owner within three days" is in fact an indefinite provision.

Legal basis: Article 64 of the Criminal Law of the People's Republic of China: All property illegally obtained by criminals shall be recovered or ordered to be returned; The victim's lawful property shall be promptly returned; Contraband and personal property used in the commission of a crime shall be taken away or confiscated. All confiscated property and fines shall be turned over to the state treasury and shall not be misappropriated or disposed of on their own.