Chapter I General Provisions Article 1 These Provisions are formulated in accordance with the relevant provisions of the State in order to strengthen the budget management of fines, confiscation of property and recovery of stolen money and goods, and to protect the legitimate rights and interests of citizens, legal persons and other organizations. Article 2 The term "confiscation of property by fines" as mentioned in these Provisions refers to fines, confiscated illegal gains and materials, and illegal funds and materials such as corruption, theft and bribery imposed by state administrative organs, judicial organs and institutions authorized by laws and regulations (hereinafter referred to as departments and units that execute punishments) in accordance with laws, regulations and rules. Recovered according to law. Article 3 These Provisions shall apply to administrative organs at all levels, judicial organs, state economic management departments, state-owned enterprises, institutions, government organizations, etc. , does not constitute a criminal offence, recover the stolen money. Article 4 Fines in violation of financial and economic disciplines, tax laws and regulations, business articles of association and contractual stipulations shall be implemented in accordance with relevant financial systems, and these Provisions shall not apply. Fifth incomes from fines and confiscations and subsidies for handling cases are part of the national budget. Confiscation income and handling subsidies shall be managed according to the principle of two lines of revenue and expenditure. Chapter II Management of Confiscated Property Article 6 Except as stipulated by national laws and regulations, no place, department or individual has the right to set up confiscated items without authorization. Article 7 Penalty execution departments and units at all levels must, in accordance with the scope of penalty execution authorized by laws and regulations, fill out the Application Form for Gansu Province Fine Confiscation of Property Permit to the financial department at the same level, report it to the Provincial Department of Finance for examination and approval, and issue the Gansu Province Fine Confiscation of Property Permit (hereinafter referred to as the Penalty Execution Permit).

Penalty execution departments and units at all levels must impose penalties in strict accordance with the confiscation items and standards stipulated in the penalty execution permit, and shall not set up confiscation items without authorization or exceed their authority or abuse their power to confiscate them.

The management of the Penalty Execution Permit shall be implemented in accordance with the relevant provisions of the provincial people's government. Article 8 If the same act violates multiple laws, regulations and rules, and multiple units jointly execute the punishment, the relevant units that jointly execute the punishment shall handle it uniformly after coordination; If there is no joint punishment relationship, unless otherwise provided by laws, regulations and rules, the unit that was first seized shall be punished according to its authority, and the relevant units shall not be punished again for this behavior. Article 9 Fine bills and confiscated property shall be distributed step by step and managed at different levels.

No unit or individual may print bills confiscated. Unless otherwise stipulated by the state, bills for fines and confiscation of property shall be uniformly printed by the Provincial Department of Finance.

The management of confiscated property bills shall be implemented in accordance with the relevant provisions of the provincial people's government. Article 10 Penalty execution units at all levels shall set up special account books, designate special persons to be responsible for the management of confiscated property, and establish and improve the system of handover, acceptance, registration, storage, regular settlement, cleaning and reconciliation of confiscated property. Eleventh of the withheld property, departments and units should be properly managed, and shall not be used for other purposes. If the case should be turned over to the state treasury after the case is closed, it must be turned over to the state treasury immediately. Twelfth penalty departments and units in accordance with the law to recover the money and stolen goods in corruption and theft cases, in accordance with the following principles:

(a) the property originally belonging to state-owned enterprises, institutions, government organizations and urban and rural collective ownership units shall be turned over to the state treasury, except for those awarded to the original units by the political and legal organs;

(two) the original personal legal property has been restored to the original owner;

(three) to recover the property belonging to bribery, shall be turned over to the state treasury. Thirteenth state-owned enterprises, institutions, government organizations to investigate and deal with cases of corruption, theft and other cases that do not constitute a criminal offence, in principle, reported to the higher authorities for approval, before returning to the original unit to cancel the suspended account; If the original unit has written off losses, it shall be turned over to the state treasury. Article 14 The confiscated property investigated and dealt with by the penalty-executing unit according to law and the stolen goods that should be turned over to the state treasury belong to the commodities allowed to circulate by the state laws and regulations, unless otherwise stipulated by the state laws and regulations. After determining the reserve price, the penalty executing unit may entrust the auction house designated by the finance department at the same level to conduct public auction. Departments involved in pricing shall not purchase in advance internally.

Confiscation of fresh, grain and oil commodities should be entrusted to the local agricultural and sideline products wholesale market or market for on-site auction.

Confiscated property and recovered stolen goods that are not suitable for public auction shall be handled by the penalty-executing organ in conjunction with the financial department:

(a) gold and silver (excluding gold and silver jewelry), foreign currency, securities, cultural relics, medicines and other items managed by specialized agencies or franchised enterprises should be redeemed or purchased by specialized agencies or franchised enterprises in time;

(2) Political and destructive articles and cultural relics whose circulation is prohibited by the state shall be kept by specialized agencies free of charge;

(3) Obscene articles, drugs, drug paraphernalia, gambling paraphernalia, illegal measuring instruments, fake and shoddy goods, old clothes prohibited from being imported by the state and other articles with no storage value shall be disposed of or destroyed in accordance with the relevant provisions of the state.

Confiscated property and recovered stolen goods that should be turned over to the state treasury with the approval of the penalty-executing organ in accordance with the above provisions shall be listed (photographs can be taken when necessary) and filed together with the vouchers turned over to the state treasury for future reference. Chapter III Collection and Use of Confiscated Income Article 15 Confiscated money, stolen money, confiscated property and discounted stolen goods collected by departments and units at all levels according to law are confiscated income. All incomes from fines and confiscations must be turned over to finance.

50% of the incomes from fines and confiscations from customs, foreign exchange administration, railway administration and other central departments and units shall be turned over to the central finance and 50% to the local finance.

50% of the income from smuggling confiscated by the public security and industrial and commercial administration departments shall be turned over to the central finance and 50% to the local finance.