The term "law enforcement organs" as mentioned in these Measures refers to the departments (including companies with administrative power at the same level), directly affiliated institutions and non-permanent institutions that the people's governments at all levels in this province undertake administrative law enforcement tasks; Institutions and organizations authorized by laws, regulations and rules to undertake law enforcement tasks in this province; Central departments and units that undertake law enforcement tasks in Hubei.
The judicial organs mentioned in these Measures refer to the people's courts at all levels (including special courts, the same below) and people's procuratorates at all levels (including special procuratorates, the same below) within the territory of this province. Article 3 These Measures shall apply to the handling of incomes from fines and confiscations obtained by all law enforcement and judicial organs in this province in law enforcement and judicial activities.
Fines obtained by departments and units in violation of financial discipline, tax laws and regulations, business articles of association and contractual stipulations are not applicable to these measures, and shall be handled in accordance with the relevant provisions of the State Council and the Ministry of Finance. Article 4 The financial departments of provinces, prefectures, cities and counties (including county-level cities) shall be responsible for managing the incomes from fines and confiscations of law enforcement and judicial organs in their respective regions.
The central law enforcement department (unit) in Hubei shall manage the confiscated income in accordance with the relevant provisions of the Ministry of Finance.
Law enforcement and judicial organs at all levels should strengthen the management of incomes from fines and confiscations of their departments (units) and accept the supervision of the financial departments. Chapter II Management of Confiscation Income Vouchers Article 5 Law enforcement and judicial organs of the whole province shall use unified confiscation income vouchers in law enforcement and judicial activities. Unless otherwise stipulated by the State Council, Ministry of Finance, the Supreme People's Court and the Supreme People's Procuratorate. Article 6 Provisions on the design, printing, distribution, use, storage, cancellation and accounting of unified vouchers for incomes from fines and confiscations shall be formulated by the Provincial Department of Finance. Seventh financial departments at all levels have the right to check the use and management of the local law enforcement and judicial organs confiscated income vouchers. Article 8 Law enforcement and judicial organs at all levels and their staff members must issue unified incomes from fines and confiscations when the violator is fined or confiscated according to law. It is forbidden to use any other vouchers or receipts, bills, etc. In violation of the provisions of this act, the punished person and any other unit or individual have the right to report to the financial department, which must deal with it within ten days after receiving the report. Chapter III Management of Confiscated Income Article 9 Law enforcement and judicial organs at all levels must strengthen the management of confiscated income obtained according to law, set up special account books and deposit them in the People's Bank of China, and establish a strict system of property handover, acceptance, registration, custody and regular settlement and reconciliation. Article 10 Illegal money and stolen goods confiscated by law enforcement and judicial organs at all levels must be handled in accordance with Chapter II of the Measures for the Administration of Confiscation of Property and Recovery of Illegal Money and Stolen Goods of the Ministry of Finance (hereinafter referred to as the Measures for the Administration of the Ministry of Finance).
Law enforcement and judicial organs at all levels should seek the opinions of local finance, price, commerce and relevant commodity authorities when dealing with stolen goods confiscated according to law. Eleventh in the process of dealing with confiscated property, prohibit the following acts:
(a) corruption fines, stolen money or stolen goods:
(two) in the name of the award in disguise;
(3) Divide the confiscated goods at a fixed price;
(four) when the confiscated goods are sold at a fixed price, the personnel involved in the disposal buy the goods from the inside;
(five) concealing the interception and misappropriation of confiscated income;
(six) the confiscation of income in the private name into the bank;
(7) Exchanging securities such as treasury bonds, bonds and lottery tickets for fines;
(eight) with their own waste goods (including spare parts) in exchange for confiscated goods (including spare parts). Twelfth levels of law enforcement and judicial units confiscated income, except as otherwise provided by the people's Government of the State Council and the province, should be as local budget revenue, paid in full to the local finance on a monthly basis. Thirteenth law enforcement agencies at all levels and the people's Procuratorate transferred to the people's court for judgment, must be recorded, and transferred with the case, and the people's court shall make a decision on handling it together with the judgment. The stolen money and goods that should be confiscated shall be uniformly turned over to the local finance by the people's court. Fourteenth customs, foreign exchange administration, railway administration and other central law enforcement agencies confiscated income, in accordance with the provisions of the Ministry of Finance "management measures", 50% turned over to the central finance, 50% turned over to the provincial finance. Fifteenth financial departments at all levels, law enforcement and judicial organs at all levels shall not issue confiscation income indicators. Sixteenth in addition to the incomes from fines and confiscations arising from misjudged cases, financial institutions shall not refund the incomes from fines and confiscations. Chapter IV Management of Funds for Handling Cases Article 17 Financial departments at all levels shall decouple the collection and storage of confiscated income from the allocation of funds for handling cases, and adopt the method of two lines of revenue and expenditure, and bring them into unified budget management respectively. Eighteenth law enforcement and judicial organs at all levels of handling funds, by the department in charge of the confiscation of income to the financial department at the same level to compile a special expenditure budget. Nineteenth in order to ensure the funds needed by the political and legal organs to handle cases, the financial departments at or above the county level shall, according to the financial management system and the workload of the political and legal organs, allocate them on time on the basis of comprehensive balance.
The financial departments at all levels shall not return the handling fee according to a certain proportion of the total confiscated income paid by the law enforcement and judicial organs.