Hunan Province, Confiscated Property And Administrative Measures For The Recovery Of Stolen Property (As Amended In 2008)

Original Language Title: 湖南省罚没财物和追缴赃物管理办法(2008年修正本)

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(September 11, 1992 Hunan Province Government makes 13th, announced according to May 4, 1998 Hunan Province Government makes 108th, on modified straddling Hunan province confiscated property and recovered money booty management approach of decided 1th times amendment announced according to January 2, 2008 Hunan Province Government makes No. 219, on modified straddling Hunan province rural cooperation economic contracting contract management approach (pilot), 6 pieces regulations of decided 2nd times amendment announced) first article
    In order to strengthen the management of confiscated property and recovering illicit money and goods, according to the relevant regulations of the State, combined with the actual situation in our province, these measures are formulated.
    Article the province of administrative law enforcement organs, judicial organs, in law enforcement and judicial activities in the management of confiscated property and recovering illicit money and goods shall apply to these measures.
    This article referred to "confiscated property" refers to the administrative law enforcement and judicial authorities in accordance with laws and regulations, the regulations provide for fines, penalties and confiscated cash, marketable securities and payment documents and materials.
    This way, the term "recovering illicit money and goods" refers to the administrative law enforcement organs, judicial organs shall investigate and deal with illegal and criminal activities recovery of illegal gains and illegal property.
    This way, the term "administrative law-enforcement agencies" refers to an administrative law enforcement the right to Executive and administrative law enforcement power granted by laws and regulations organization.
    This way, the term "judicial authorities", refers to the judicial and procuratorial organs.
    IV financial departments at all levels in accordance with administrative privileges is responsible for confiscation of the property and recover the monitoring, inspection and control of the illicit money and goods.
    Administrative law enforcement organs, judicial organs at all levels should be strengthened for the confiscation of property and recovering illicit money and goods management, payment solutions. Article fifth administrative law enforcement organs, judicial organs must strictly enforce laws, rules and regulations, no unauthorized punishment, indiscriminate punishment.
    Not according to the laws, regulations and rules, no unit or individual shall not be confiscated.
    Sixth administrative law enforcement organs, judicial organs at the time of implementation of the confiscated property and the recovery of stolen goods, should be issued by law enforcement and judicial instruments, using non-tax revenue of the provincial financial Department of printed paper.
    Article seventh confiscated property and recovering illicit money and goods is not issued when law enforcement, judicial instruments and does not use non-tax revenue of the provincial financial department printed bills, penalties, recovery units or individuals have the right to refuse, and you can report or expose to the relevant authorities and charged.
    Article eighth administrative law enforcement organs, judicial organs in accordance with confiscated property and recovering illicit money and goods, you must list (if necessary, photograph, video), establish a strict transfer, acceptance, registration, custody, settlement reconciliation system on a regular basis.
    Nineth administrative law enforcement organs, judicial organs and confiscated money, recovery of stolen money, confiscation of material and disposal of recovered stolen goods the price shall be established by the authority over to the financial sector in a timely manner of non-tax revenue remitted settlement or for non-tax revenue remitted settlement of financial accounts, Treasury paid in full in a timely manner, the implementation of separation of penalty payments, decoupled payments.
    Was entrusted with handling cases and confiscated money, the recovery of the stolen money, confiscating material and disposal of recovered stolen goods the price shall be paid into the principal organs of the financial sector.
    Tenth administrative law enforcement organs, judicial organs in accordance with the confiscation of property and recovering illicit money and goods, in addition to laws and regulations should be returned to their original owners or sentenced outside of origin, shall be turned over to the State Treasury. 11th confiscated materials and the recovery of stolen property, according to the different nature and purpose, in accordance with the following provisions: (a) goods and commodities in General, commissioned by the financial sector organizations public auction or sale price. Which easy rot, and metamorphic, and burning of items by administrative law enforcement organ, and judicial organ price based on, timely processing, and reported sibling financial sector record; (ii) belongs to specialize in or franchise of material, as gold and silver, and foreign currency, and securities, and heritage,, by administrative law enforcement organ, and judicial organ to sibling financial sector declared agreed Hou, referred to the specialize in organ or franchise Enterprise received against or acquisition; (three) belongs to against national security and public order of advertisement, and illegal publications, and illegal print, and explosion real, and radioactive items, and
    Weapons, ammunition, pornographic materials, narcotic substances, drugs, drugs and other items such as keeping value-free, by the collection authority according to the relevant regulations, and reported to the financial authorities.
    Processing, sale of confiscated goods and the recovery of stolen goods, shall, in accordance with the price assurance on Hunan province in connection with the provisions of the regulations for price verification. 12th cases transferred to the people's Court in accordance with the legal procedure, its inventory of recovering illicit money and goods must be made, with the case.
    Except as otherwise provided by laws and regulations. 13th article administrative law enforcement organ, and judicial organ in processing confiscated of property and recovered of money booty of process in the, ban following behavior: (a) corruption, and privately, and interception, and sat support, and misappropriated and other form occupies confiscated property, and money booty; (ii) unauthorized pricing or low price processing confiscated of material and recovered of booty; (three) unauthorized in administrative law enforcement organ, and judicial organ internal pricing processing confiscated of material and recovered of booty; (four) will confiscated paragraph, and
    Recovering illicit money and the confiscation of the materials and the recovery of stolen goods price in a personal capacity in the Bank; (v) by Exchange of other property confiscated property and recovering illicit money and goods; (vi) other acts that violate financial discipline.
    14th administrative law enforcement organs, judicial organs is forbidden to release confiscated indicators; given to the administrative law enforcement personnel, the judiciary banned confiscated property index.
    15th misjudged due to be refunded have been turned over to the State Treasury funds and property price, by administrative law-enforcement organs or judicial organs to the financial application for return procedures. 16th the normal requirements of administrative law enforcement organs, judicial organs, administrative budget management.
    Administrative law enforcement and judicial authorities handling requirements beyond the normal budget, should be according to the fiscal management authority to apply to the financial sector, the financial sector should be driven by needs and financial arrangements for special expenditures.
    Units entrusted with handling the case-handling expenses, under the authority of the financial departments at auditing arrangements handling requirements. 17th to encourage units and individuals to report illegal and criminal activities. Reported cases of individuals and units according to their contribution, from one-time bonus at the administrative law enforcement or judicial authorities.
    Bonus amount is not more than a case of confiscated property and recovering illicit money and goods price 10% of the total, up to 100,000 yuan.
    18th to units and individuals in violation of these regulations relevant provisions, in accordance with the following provisions: (a) violation of these measures stipulated in article sixth, Nineth and 13th by the financial sector in accordance with the financial illegal activities penalties and regulations, (ii) violation of the provisions of this article fifth, 14th, dealt with by the relevant authorities in accordance with the relevant provisions.
    Article 19th refuses to accept the decision on administrative penalty made in accordance with this approach, units and individuals have the right to be punished in accordance with the provisions of relevant laws and regulations, applications for reconsideration, complaint or initiate litigation to the people's Court.
                                                20th purposes herein from the date of publication.