涉案财物管理
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河南省涉案财物管理条例
He Nan Ri Bao· 2025-08-11 01:27
Core Points - The "Regulations on the Management of Seized Property in Henan Province" have been approved and will take effect on October 1, 2025, aiming to strengthen the management of seized property and protect the legal rights of individuals and organizations [2][43]. Group 1: General Principles - The regulations are designed to enhance the management of seized property, ensuring the normal conduct of supervision, judicial, and administrative law enforcement activities [4]. - The regulations apply to the management of seized property by judicial and administrative law enforcement agencies within the province [4][5]. - The management of seized property should adhere to principles of separation between case handling and management, fairness and efficiency, and innovation within legal frameworks [5]. Group 2: Management and Transfer - Local governments are required to establish centralized management systems for seized property, including unified storage facilities [7][11]. - Judicial and administrative agencies must maintain accurate records and management systems for seized property, ensuring compliance with safety and security standards [11][12]. - The transfer of seized property must involve proper handover procedures, including documentation and signatures from both the transferring and receiving parties [15][16]. Group 3: Price Assessment - The price assessment of seized property will be managed by local price authorities, ensuring that the process is lawful, fair, scientific, and efficient [17][18]. - Agencies must submit necessary documentation for price assessment, including details about the property and its condition [19][20]. - Price assessment conclusions must be communicated to the involved parties, with provisions for appeals against the assessments [25][26]. Group 4: Disposal and Supervision - Local governments are responsible for the unified disposal of seized property that meets certain conditions, with specific procedures outlined for various types of property [34][35]. - Seized property that is to be returned or disposed of must be handled according to established legal guidelines, ensuring transparency and fairness [36][39]. - Oversight of the management and disposal of seized property will be conducted by relevant authorities to prevent loss or unauthorized handling [40][41]. Group 5: Legal Responsibilities - Violations of the regulations can lead to disciplinary actions against responsible personnel, including criminal liability if applicable [43][44]. - Price assessment personnel must adhere to strict guidelines to ensure the integrity of the assessment process, with penalties for non-compliance [45][46].
豪车、现金、奢侈品……是证据也是财产,涉案财物该如何管理?
Yang Shi Xin Wen· 2025-05-22 09:13
Core Viewpoint - The article discusses the launch of a legal publicity campaign by public security agencies in China, focusing on the management of seized property in criminal cases, highlighting a specific case in Haining, Zhejiang, where effective measures were taken to manage and dispose of seized assets, particularly luxury vehicles, to minimize depreciation and support victims. Group 1: Case Overview - The case involves a financial supervisor named Zhang who embezzled over 57 million yuan from a textile company, using the funds to purchase luxury cars, jewelry, and real estate [1][5][16] - A total of 10 vehicles were seized, including 6 Porsches, which served as crucial evidence in the investigation [3][5] Group 2: Management of Seized Assets - The Haining police established a specialized management center for seized assets, allowing for better oversight and management of such items during criminal proceedings [7][10] - Vehicles and other luxury items are categorized and stored in a dedicated underground parking facility, with regular maintenance to prevent depreciation [8][10] Group 3: Early Disposal of Assets - The article highlights a shift in legal practices allowing for the early disposal of easily depreciable assets, such as vehicles, with the consent of involved parties [10][14] - In this case, 8 vehicles were auctioned off during the investigation phase, generating over 5 million yuan, which was promptly returned to the victimized company [16][18] Group 4: Technological Advancements - The establishment of a digital platform for managing seized assets has improved efficiency, allowing for online tracking and management of items, reducing the need for physical transfers [20][22] - The integration of smart technology, such as robots for inventory management, has streamlined operations, with over 70,000 items processed annually by a small team [22][24] Group 5: Legal Framework and Policy Changes - The Zhejiang provincial government has implemented guidelines to enhance the management and disposal of seized assets, including provisions for early disposal and pre-trial returns [24][26] - The article emphasizes the importance of balancing law enforcement with the protection of property rights, reflecting a broader trend towards a more business-friendly legal environment [27][50]