The term "recovered illicit money and stolen goods" as mentioned in these Measures refers to the cash, foreign currency, securities and materials recovered by law enforcement organs and judicial organs in cases of bribery, bribery, corruption, robbery, theft, gambling, speculation and smuggling.
The term "law enforcement organs" as mentioned in these Measures refers to administrative organs and other organizations authorized by laws and regulations to undertake law enforcement tasks.
The judicial organs mentioned in these Measures refer to the people's judicial organs and people's procuratorial organs. Fourth financial institutions at all levels shall be responsible for the supervision, inspection and management of confiscated property and the recovery of stolen money and goods in accordance with the management authority.
Law enforcement agencies and judicial organs at all levels should strengthen the management and payment of confiscated property and recovered stolen money. Fifth law enforcement agencies and judicial organs must strictly implement laws, regulations and rules, and shall not exceed their authority or impose penalties indiscriminately. No unit or individual may confiscate property without the basis of laws, regulations and rules. Article 6 When confiscating property and recovering stolen money, law enforcement and judicial organs must produce law enforcement judicial documents, and use the confiscated property and recovered stolen money vouchers printed or supervised by financial institutions. Unless otherwise stipulated by the State Council and the Ministry of Finance.
The specific measures for the administration of confiscated property and recovered stolen money vouchers shall be formulated by the Provincial Department of Finance. Article 7 Units and individuals that have been punished or recovered have the right to refuse if they fail to produce law enforcement and judicial documents and vouchers uniformly printed or supervised by financial institutions when confiscating property and recovering stolen money, and may report, expose and accuse them to the relevant competent departments. Article 8 Law enforcement organs and judicial organs must make a list (take photos and videos when necessary) of the property confiscated according to law and the recovered money and stolen goods, and establish a strict system of handover, acceptance, registration, custody and regular settlement and reconciliation. Article 9 The property confiscated by law enforcement organs and judicial organs and the recovered money and stolen goods shall be turned over to the state treasury, except those that should be returned to their original owners or owners according to laws and regulations.
State organs, people's organizations, enterprises and institutions to investigate and deal with corruption, theft and other cases that do not constitute a criminal offence, if the money and stolen goods are not written off by the original unit as ledger, they will be returned to the recovery unit, and the ledger will be cancelled after examination and approval by the higher authorities; If the original unit has written off losses, it shall be turned over to the state treasury. Article 10 Confiscated materials and recovered stolen goods that should be turned over to the state treasury shall be dealt with in a timely manner according to different properties and uses and in accordance with the following provisions:
(a) general materials and commodities, by law enforcement organs and judicial organs open auction or entrust sales units to deal with; Among them, perishable, deteriorating and burning articles shall be handled by law enforcement organs and judicial organs in a timely manner according to the quality and price;
(two) gold and silver, foreign currency, securities, cultural relics and other materials belonging to the franchise or franchise, to be redeemed or purchased by the franchise organ or franchise enterprise.
(3) Articles with no storage value, such as reactionary propaganda materials, explosives, radioactive substances, weapons and ammunition, obscene articles, narcotic drugs, drugs and drug paraphernalia, shall be handled by the collection organs in accordance with relevant regulations. Article 11 A case transferred to a people's court for judgment according to legal procedures must be handed over together with a list of recovered money and stolen goods. Except as otherwise provided by laws and regulations. Article 12 The accounting departments of law enforcement organs and judicial organs shall set up special account books for fines, confiscated money, confiscated goods and recovered stolen goods, and deposit them in banks. After the case is finally closed 1 month, it will be turned over to the state treasury in full according to the financial management authority.
50% of the above-mentioned funds collected by the customs, foreign exchange administration and railway sub-bureaus (including railway police, judicial and procuratorial organs) shall be turned over to the central finance and 50% to the provincial finance. Unless otherwise stipulated by the Ministry of Finance. Thirteenth law enforcement and judicial organs in the process of dealing with confiscated property and recovering stolen money, prohibit the following acts:
(a) corruption, dividing, interception, misappropriation and other forms of possession of confiscated property, money and goods and stolen goods;
(two) unauthorized pricing or low-cost disposal of confiscated goods and recovered stolen goods;
(three) unauthorized disposal of confiscated goods and recovered stolen goods within law enforcement organs and judicial organs;
(4) Deposit the confiscated money, recovered illicit money, stolen goods and recovered stolen goods into the bank in the name of an individual;
(5) Exchanging other property for confiscated property and recovered money and stolen goods;
(six) other acts in violation of financial discipline. Fourteenth prohibited to law enforcement agencies and judicial organs issued confiscated property indicators; It is forbidden to issue targets for confiscation of property to law enforcement personnel and judicial personnel.