Can a seized computer be entrusted to a third party for safekeeping?

What you are talking about is that there are clear provisions in the Administrative Punishment Law, that is to say, if the administrative law enforcement personnel are seizing materials or data, at this time the object is temporarily seized, and the party needs to issue a temporary detention certificate, and if the computer is valuable, at this time, if there is a qualification, you can entrust a third-party qualified platform to keep it, and they will issue a custody agreement and custody security, and then issue a list of items.

About. Property is to be sealed and seized, and a third party with restrictions is to keep it.

Provisions of the Supreme People's Court on the Sealing, Seizure and Freezing of Assets in Civil Enforcement by the People's Courts

Article 15: The people's courts may seal, seize, or freeze the property of the person subject to enforcement that is in the possession of a third party for the benefit of the person subject to enforcement; Where the property is designated for continued custody by a third party, the third party must not deliver it to the person subject to enforcement.

The people's court may seal, seize, or freeze the property of the person subject to enforcement that a third party has lawfully possessed for its own interests, and the third party may continue to occupy and use the property, but must not deliver it to the person subject to enforcement.

It is possible to entrust the custody to a third party. If the parties keep it unconditionally, they must issue a power of attorney and entrust it to a conditional third party for safekeeping.

Seized items must be kept by law enforcement agencies and cannot be entrusted to a third party. However, it can be temporarily kept by a third party under special circumstances.

Can the computer of the seized machine be entrusted to a third party for safekeeping? Since it is a seized computer, it can only be kept by the public security organ and cannot be entrusted to a third party.

A third party may be entrusted for safekeeping, and the subject of the entrusted party is the seizure agency, not the subject, and all expenses are borne by the seizure agency, because the parties have no right to dispose of the seized goods.

No, it's not good for the custodian!

Administrative organs shall properly keep sealed or seized venues, facilities, or property.

According to the Administrative Coercion Law of the People's Republic of China

Article 62: Where the provisions of this Law are violated by administrative organs in any of the following circumstances, the administrative organ at the level above or the relevant departments are to order corrections, and the directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law:

1) Expanding the scope of sealing, seizure, or freezing;

2) Using or destroying sealed or seized sites, facilities, or property;

3) Failure to make a disposition decision within the legally-prescribed period of sealing or seizure, or failure to promptly lift the sealing or seizure in accordance with law;

4) Failure to make a decision on the disposition of frozen deposits or remittances within the statutory period, or failure to promptly lift the freeze in accordance with law.

Article 63: Where administrative organs withhold, privately divide, or covertly divide sealed or seized property, or allocated deposits, remittances, or funds obtained from auctions and lawful disposals, the finance departments or relevant departments are to recover them; The directly responsible managers and other directly responsible personnel are to be given sanctions of having a major demerit recorded, demotion, removal, or dismissal in accordance with law.

Where the staff of an administrative organ takes advantage of their position to take possession of a place, facility, or property that has been sealed or seized, the administrative organ at the level above or the relevant department is to order corrections, and give a sanction of having a major demerit recorded, demotion, removal, or dismissal in accordance with law.

Administrative Coercion ActArticle 26Administrative organs shall properly keep sealed or seized places, facilities, or property, and must not use or damage them; and where losses are caused, they shall be liable for compensation.

Administrative organs may entrust a third party to keep sealed sites, facilities, or property, and the third party must not damage or transfer or dispose of it without authorization. For losses caused by a third party, the administrative organ has the right to recover from the third party after paying compensation in advance.

The administrative organs are to bear the costs of custody incurred as a result of sealing or seizure.

Article 22 of the Administrative Coercion Law stipulates that sealing and seizure shall be carried out by the administrative organ prescribed by laws and regulations, and shall not be carried out by any other administrative organ or organization.

Article 16, paragraph 1: Administrative organs performing administrative duties shall carry out administrative compulsory measures in accordance with the provisions of laws and regulations.

Article 17, paragraph 3: Administrative compulsory measures shall be carried out by qualified administrative law enforcement personnel of administrative organs, and must not be carried out by other personnel.

Article 18, Paragraph 2: Administrative organs carrying out administrative compulsory measures shall be carried out by two or more administrative law enforcement personnel.

Hello, Article 22 of the Administrative Coercion Law stipulates that sealing and seizure shall be carried out by the administrative organ prescribed by laws and regulations, and shall not be carried out by any other administrative organ or organization. In addition, the provisions related to the subject of the implementation of administrative compulsory measures also include: Article 16: Paragraph 1: Administrative organs perform administrative duties and implement administrative compulsory measures in accordance with the provisions of laws and regulations.

Article 17, paragraph 3: Administrative compulsory measures shall be carried out by qualified administrative law enforcement personnel of administrative organs, and must not be carried out by other personnel. Article 18, Paragraph 2: Administrative organs carrying out administrative compulsory measures shall be carried out by two or more administrative law enforcement personnel.