Nanning Confiscated, Recovering Illicit Money And Goods And Sealed Up, Distrained Goods Management

Original Language Title: 南宁市罚没财物、追回赃款赃物和查封、扣押物品管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399440.shtml

Nanning confiscated, recovering illicit money and goods and sealed up, distrained goods management (April 24, 2014, 13 67th Executive May 17, 2014 will be endorsed by the people's Government of Nanning city Nanning Government released 24th come into effect July 1, 2014) first in order to strengthen the confiscated property, recovery of illicit money and goods and sealed up, distrained goods supervision and management, assurance and confiscations, turned over to the State Treasury in full, in accordance with the People's Republic of China Law on administrative punishment, the People's Republic of China administrative mandatory law, the

    Separation of penalty decisions from collection of penalty implementation measures and other relevant laws and regulations, combined with the city's actual, these measures are formulated.

Second State organs at all levels in this municipality, authorized by laws and regulations or by the Executive agencies entrusted with the management of Public Affairs Organization (hereinafter referred to as law enforcement authorities) confiscated, recovering illicit money and goods management, these measures shall apply.

After the implementation of attachment, arrest, shall be subject to processing cases involving the children of illegal seizure, seizure of goods management, these measures shall apply.

    Laws and regulations on the confiscated property, recovery of illicit money and goods and sealed up, distrained goods management otherwise provides, from its provisions.

Article confiscated in these measures refers to law enforcement departments collected fines, penalties and confiscated money, articles.

    Recovering illicit money and goods mentioned in these measures refers to law enforcement departments shall recover the illegal money and articles in disciplinary cases.

    Fourth, financial departments at all levels are responsible for the area, the confiscated property, recovering illicit money and goods and sealed up, distrained goods supervision and management; financial department confiscated property management agencies confiscated, recovering illicit money and goods and sealed up, distrained goods daily supervision. Fifth law enforcement of fines or penalties decisions according to law, should be the institutional separation and collection of fines and penalties.

    According to law, to collect fines on the spot, according to the People's Republic of China relevant provisions of the law on administrative punishments.

    Article sixth confiscated property shall be inventoried and properly taken care of, and shall not be destroyed or withheld, misappropriated, (take), private storage, distribute, change, disassemble.

Seventh law enforcement confiscated cash, securities and gold, silver and other precious metal items should be dealt with in accordance with the following provisions:

(A) RMB within two working days since the date of confiscation turned over to the Treasury at the same level;

(B) foreign currency from commercial banks within two working days from the date of confiscation of converted into Yuan turned over to the State Treasury at the same level;

(C) the securities since the date of confiscation of timely securities institutions or commercial banks exchange within two working days after the Yuan turned over to the Treasury at the same level;

    (Iv) gold, silver and other precious metal items within two working days since the date of confiscation to qualified institutions to renminbi within two working days after surrendered at the Treasury.

Eighth confiscate the following objects should be inventoried and the transfer of specialized organ dealing with:

(A) guns, ammunition, controlled knives, toxic chemicals, explosive hazardous chemicals, radioactive materials, such as;

(B) such as drugs, narcotic drugs;

(C) the national ban on the export of cultural objects;

(D) the State-protected wild animals, plants and their products;

    (E) laws and regulations should be carried out by the specialized organs management, disposal of other items. Nineth confiscation of items fresh, register by law enforcement after the sale, shall, within two working days of the proceeds turned over to the State Treasury at the same level.

Other fragile items confiscated by law enforcement departments register variable price, the proceeds turned over to the Treasury at the same level in a timely manner.

    The preceding paragraph sale, price the price shall be the market price of similar goods to determine, subject to a minimum price shall not be lower than the market prices of similar goods 30%.

Tenth article of the article seventh, eighth and Nineth other forfeiture provisions, should be destroyed in accordance with law, register reported that financial departments at the same level by the law enforcement departments after the and sale by the financial sector; other law enforcement departments should enter into force since the confiscation decision within ten working days from the date of transfer of financial departments. Transfer of items belongs to housing, and vehicles or ship, real estate of, law enforcement sector should provides items receipt and court judgment (ruled) book or administrative punishment decided book, and administrative reconsideration decided book, and Court issued of implementation notice, legal instruments, and while provides motor vehicle registration card or ship registration card, and motor vehicle driving card or ship license, or housing ownership card, and land using card; not made housing, and vehicles or ship, real estate of effective ownership proved file of,

    Law enforcement agencies should provide assistance notice or without the above description of the documentation material.

11th law enforcement recovering illicit money and goods according to law, apart from the outside should be returned to the parties, shall be in accordance with the measures set forth in sixth to tenth.

    Illicit money and goods shall be returned to the parties in accordance with law, but could not be recovered, law enforcement authorities should be informed before the closing of property rights.

12th article law enforcement sector law implementation seized, and seized items Hou, should notification party 15th within to specified locations accept processing, legal, and regulations provides party accept processing of term over 15th of except; party late not came to accept processing, by law enforcement sector notification and by announcement three months still not came to accept processing of, by law enforcement sector for registration register, and in 10 a days within transfer financial sector or specialize in organ processing.

    Items sealed or are fresh goods or other fragile items, according to Nineth provisions of these measures.

13th law enforcement at the time of collection of confiscated property and recovering illicit money and goods to be issued shall be uniformly printed by the financial Department of the State (data) confiscation receipt.

Law enforcement seizure, seizure of goods should be produced and delivered on the spot attachment, attachment of decision and seal up, distrain goods list.

    Confiscation receipt management, in accordance with the relevant provisions of the State, autonomous regions. 14th article except legal, and regulations another has provides outside, Treasury door law enforcement sector transfer and on personal, and property security and environment not constitute against of items, should delegate has property auction qualification of auction institutions public auction or transfer about sector for charity, and relief, public uses; but items has fake others registered trademark, and unauthorized using others of Enterprise name or name and forged or take with certification logo, and famous logo, case of, in auction or transfer about sector for charity, and relief, public uses zhiqian,

    Shall be subject to technical processing, eliminate its illegal status. 15th auction items should be assessed by a qualified organization to assess the article, and the financial sector based on the assessment results determine the auction items.

Reserve price auction valuation price shall not be less than 50%. After two auctions does not sell, the financial sector can be directly sold, 30% of the sale price shall not be less than the valuation price of the auction.

    Items can also be handed over to the relevant authorities for the financial sector charity, disaster relief and other public interest purposes or destroyed.

    16th finance departments handle the goods, household, transfer, and formalities necessary, relevant departments shall be given in accordance with the relevant provisions shall be followed.

17th article law enforcement handling funds and custody of the confiscated property, the recovery of illicit money and goods, as well as the costs of seizure, seizure of goods should be included in the budget, by the financial guarantee.

    Indicators of financial sector may not be given to the law enforcement agencies confiscated, arrangements for law enforcement budget shall not be linked to the income from fines and confiscations or disguised.

18th financial management departments should strengthen the law enforcement agencies confiscated, recovery of illicit money and goods and seal up, distrain goods for inspection.

    Audit, inspection and supervision departments shall, in accordance with their respective law enforcement responsibilities of the financial sector and law enforcement departments confiscated, recovering illicit money and goods and sealed up, distrained goods specifically to monitor the situation.

19th law enforcement and law enforcement personnel, any of the following circumstances, the supervisor directly responsible and other persons directly responsible shall be given administrative sanctions; suspected of constituting a crime, transferred to judicial organs for criminal responsibility:

(A) don't surrender, surrender or not by the time pay, transfer of confiscated property, the recovery of illicit money and goods and sealed up, distrained goods;

(B) the interception, misappropriation, (take), private storage, distribute, change, disassemble confiscated, recovering illicit money and goods and sealed up, distrained goods;

(C) lower than the present measures minimum auction, sale, price changes prices dealing with confiscated property, recovery of illicit money and goods and sealed up, distrained goods.

    Financial departments and their staff with the preceding paragraph, the second item, third item, the supervisor directly responsible and other persons directly responsible shall be given administrative sanctions constitutes a crime, transferred to judicial organs for criminal prosecution.

    20th in the course of law enforcement and law enforcement personnel in law enforcement destroy, misplace confiscated, recovering illicit money and goods and sealed up, distrained goods, shall be according to the price compensation.

    21st no unit or individual shall have the right to financial and auditing departments to report, Prosecutor acts in violation of these rules, the financial Department in charge or relevant departments shall promptly investigate and deal with; the case, can be rewarded, specific incentives set by the municipal finance department.

    22nd article this way to specific problems in the application of the Municipal Finance Department is responsible for the interpretation. 23rd article this way come into force July 1, 2014. Published on August 29, 1995, Nanning city, confiscated property and illicit money and goods and handling requirements of the interim measures for the Administration abolished at the same time.