The property recovered by organs, organizations, enterprises, institutions and armed forces in investigating cases of corruption, bribery and theft of state and collective property shall be handled in accordance with the Financial Treatment Measures for Recovering Ill Money and Stolen Goods issued by the Ministry of Finance, and these Measures shall not apply. Article 3 The confiscated money and the discount of confiscated materials collected in accordance with the provisions of Article 2 of these Measures shall be turned over to the state treasury in full as confiscated income. No department, unit or individual may entrust it by itself.
Smuggling cases shall be handled by the customs (where there is no customs, by the tax authorities, the same below). 50% of the confiscated income shall be turned over to the central finance and 50% to the local finance. The incomes from fines and confiscations in other cases, such as speculation and reselling foreign exchange, shall be turned over to the central finance or local finance respectively according to the subordinate relationship of the collection organ.
Guangdong, Fujian and Zhejiang provinces are still handled according to the Central Committee of the Communist Party of China and the State Council Zhongfa [1981] No.29 document. Namely: "Smuggling cases and smuggled goods seized in areas without customs can be handled by the people's governments of Guangdong, Fujian and Zhejiang provinces according to the actual situation of the province and in accordance with customs regulations. This is a temporary measure and does not change the original division of labor of relevant departments. " Fourth political and legal organs and administrative law enforcement organs, because of the need to increase the cost of handling cases, by the case undertaker regularly report the use of funds.
After the plan is approved by the financial organ, it will be returned to the warehouse within the range of 20% to 30% of the income from fines and confiscations, and will be used in a unified arrangement. Customs fees shall be allocated by the central finance; The funds for handling cases of other organs shall be allocated by the central finance or local finance respectively according to the subordinate relationship of the organs that have turned over the confiscated income. No department, unit or individual may participate in the confiscated income under management. Chapter II Collection Organs of Confiscated Property Article 5 If smuggling cases and speculation cases seized by the customs, the administrative authorities for industry and commerce and the tax authorities do not constitute criminal offences, the confiscated property shall be turned over to the state treasury by the customs, the administrative authorities for industry and commerce and the tax authorities respectively. If it constitutes a criminal offence, the seized property shall be sealed up, a list shall be made and transferred to the political and legal organs for trial. After the judgment, the fines and confiscated articles will be converted into money and turned over to the finance by the transfer organ. Article 6 If smuggling cases and speculation cases seized by political and legal organs do not constitute criminal offences, they shall be respectively handed over to the customs or the administrative department for industry and commerce for handling. Seventh below the county level industrial and commercial administration, public security police stations, tax offices and other grass-roots units seized according to law, must be turned over to the city and county administrative law enforcement organs according to the affiliation, and shall not dispose of it by themselves.
Without the approval of the provincial public security organs and administrative law enforcement organs, no department or unit may set up cards (cards) to detain the money and materials of passing vehicles, ships and pedestrians. Chapter III Management of Seizure and Confiscation of Property Article 8 The property seized by administrative law enforcement organs according to law must be counted face to face by two or more investigators and the detained person, and a unified receipt and list of seized property shall be issued. Receipts and lists shall be signed by the detained person as legal evidence for the seizure of property. If the detainee refuses to sign or absconds, he shall truthfully indicate the reasons on the receipt and list. Ninth all kinds of seized property or confiscated property, we must establish and improve the acceptance and custody system, property transfer system and settlement and reconciliation system. There must be more than two people in charge of keeping the confiscated property. Those in charge of accounting do not care about money and things, and those in charge of money and things do not care about accounting. If the accounts of confiscated property are unclear and the management is chaotic, the competent department at a higher level and financial institutions must urge the unit to find out and correct it within a time limit. Tenth political and legal organs or administrative law enforcement organs must convert fines and confiscated materials into money and turn them over to the state treasury in full and on time after closing the case. In case of withholding or unreasonable delay in payment, financial institutions have the right to withhold their funds or notify banks to deduct them from their capital deposits. Eleventh all kinds of seized property or confiscated property, any department, unit or individual shall not use, exchange, privately divide or privately divide in disguise, and offenders shall be given a heavier punishment. Twelfth financial institutions at all levels should be equipped with specialized personnel, responsible for the relevant units seized, confiscated property collection, storage, processing and payment of inspection and supervision. Chapter IV Principles for Handling Confiscated Property Article 13 Confiscated property shall be handled according to the following principles according to its different nature and use:
Commodities falling within the business scope of commercial departments shall be handed over to designated state-owned commercial units for price change. In principle, the sales price is calculated at 30% off the retail price of the market. Inferior goods are priced according to quality. The commercial department shall bring the confiscated materials into the normal sales channels and put them into the market for sale, and shall not handle them internally.
Gold and silver, negotiable securities, cultural relics, medicines and other properties managed by specialized agencies or franchised enterprises. , should be promptly handed over to specialized agencies or franchised enterprises for redemption or acquisition.
Political and destructive articles, precious cultural relics, etc. , free of charge to the specialized agencies.
Obscene articles, drug paraphernalia and other prohibited articles as well as other articles without preservation value shall be destroyed by the collection organ in consultation with the competent department in accordance with relevant regulations.