Provisions on the management of money and goods involved

In order to further standardize the management of money and materials involved in handling cases in the discipline inspection and supervision office, the relevant authorities have formulated relevant management regulations that annoy the money and materials involved. Here, I would like to give you some information about the regulations on the management of money and materials involved, hoping to help you.

The following provisions are made on the management of money and materials involved: Article 1 In order to standardize the management of money and materials involved in cases handled by the Supervision Department of the Central Commission for Discipline Inspection (hereinafter referred to as the Commission for Discipline Inspection), in accordance with the Regulations on Disciplinary Actions in the Communist Party of China (CPC), the Regulations on Case Inspection in the Communist Party of China (CPC), the Administrative Supervision Law of the People's Republic of China and other laws and regulations, combined with the actual situation of entrusted cases.

Article 2 The term "money and articles involved" as mentioned in these Provisions refers to cash, negotiable securities, payment vouchers, real estate, gold and silver jewelry, cultural relics and antiques, precious calligraphy and paintings, furniture and appliances, transportation and communication tools and other money and articles suspected of violating discipline and law in cases handled by ministries and commissions.

Article 3 These Provisions shall apply to the management of the money and materials involved in the case that have been temporarily sealed and ordered not to be sold, transferred, confiscated, recovered or ordered to make restitution.

Article 4 The management of money and materials involved in the case must be legal, fair, accurate and timely, the undertaker and the custodian should be separated, and the case handling department and the custodian department should perform their respective duties. It is strictly forbidden to temporarily detain or seal up legal property irrelevant to the case.

Article 5 In case investigation, if it is necessary to take measures of withholding or sealing up, the case undertaker shall fill out the "List of Withholding and Sealing the Money and Articles Involved", which shall be audited by the person in charge of the case handling department or investigation team and implemented after being reported to the leaders in charge of the Committee for approval. Due to emergency or other special circumstances, it can be implemented first after being examined and approved by the person in charge of the case-handling department or investigation team, but the approval formalities shall be handled within ten working days.

Without approval, the case undertaker shall not temporarily detain or seal up the money and materials involved without authorization.

Article 6 There shall be no less than two undertakers who take measures to temporarily detain and seal up the money and materials involved. During execution, the currency and articles temporarily withheld or sealed shall be counted face to face with the original currency holder or custodian and witness, and the Registration Form of Currency and Articles Temporarily Withheld or Sealed on the Spot shall be filled out (in quadruplicate), which shall be signed (sealed) by the undertaker, original currency holder or custodian and witness, and then submitted to the case handling department or investigation team, original currency holder or custodian, and organ affairs administration bureau, with one copy for future reference.

If the holder or custodian of the original currency refuses to sign or seal the registration form, the undertaker shall indicate it.

Article 7 In addition to taking photos and videos on the spot or making conversation notes, the case-handling department or investigation team shall promptly entrust an institution with appraisal qualification to appraise the valuables temporarily detained. If it cannot be identified in time due to special reasons, it can be sealed first and then identified when conditions permit.

The appraisal institution shall issue an appraisal book, and the case handling department or investigation team, the holder or custodian of the original money and materials, and the organ affairs administration shall each hold one copy. The appraisal fee shall be paid from the funds for handling cases.

Article 8 When accepting a case of suspected violation of discipline transferred by other organs, our commission and the Ministry shall require other organs to transfer the money and materials involved or the list of money and materials involved and the processed documents, etc. , after examination and verification, fill in the Registration Form for Transfer and Disposal of Money and Articles Involved.

Article 9 The withheld money and materials involved in the case shall be kept in a centralized and unified manner by the Administration of Organs and Affairs.

The Administration of Organs Affairs shall set up special accounts and places, designate special persons to properly keep the money and materials involved, prevent the money and materials involved from being damaged or lost, and strictly handle the handover procedures of the money and materials involved.

Article 10 After the case-handling department or investigation team is approved to temporarily detain or seal up the money and materials involved, it shall go through the handover procedures with the Office Administration within 15 working days; If it is really difficult to take temporary detention or seizure measures in different places and hand over the money and materials involved, the case-handling department may entrust the local or departmental discipline inspection and supervision organs designated by the relevant departments of the Central Commission for Discipline Inspection to take care of them on its behalf. If it cannot be handed over on time due to special reasons, with the consent of the person in charge of the case-handling department or investigation team, the case-handling department or investigation team can temporarily detain the money and materials involved, but it should be handed over in time after the reasons are eliminated.

Where a local or departmental discipline inspection and supervision organ is entrusted to keep the money and materials involved, the case-handling department or investigation team shall issue a power of attorney and handle the handover procedures with the entrusted unit. The custody list of the money and materials involved shall be reported to the organ affairs administration for the record.

Article 11 After examining the withheld funds handed over by the case-handling department or investigation team, the organ affairs administration bureau shall issue a special receipt to the case undertaker.

The Authority shall set up a detailed account for the withheld funds, deposit them into a special bank account in time, and strictly handle the payment and receipt procedures.

Twelfth cash, securities, payment vouchers, etc. With digital characteristics or other characteristics that can prove the case, it shall be sealed as a physical object, and the characteristics, number, type, face value, number of sheets and amount shall be indicated.

Thirteenth withheld and sealed items handed over for safekeeping, the undertaker and the custodian shall not be less than two people. The undertaker shall fill in the handover list of the items involved that are temporarily detained or sealed, and after being signed by the person in charge of the case-handling department or investigation team, it shall be kept by the custodian. The custodian shall check the handed-over items item by item, and both parties shall sign the hand-over form after the check is correct.

Article 14 The keeper shall establish an account card for the withheld and sealed objects, so as to make one account for one case and one card for one object.

Small items can be divided into bags, pieces and boxes according to the types of items. For large items, they should be kept centrally or entrusted to relevant professional departments. Precious small items should be sealed in transparent bags. Daily maintenance should be done for vehicles, communication tools and other items that need regular maintenance to prevent damage.

Fifteenth bulk goods and special goods shall be designated by the relevant professional departments for storage. Dangerous goods and contraband shall be delivered to the relevant departments in a timely manner in accordance with relevant regulations, or strictly sealed according to the needs of handling cases, and shall not be used and spread under any pretext.

For other articles that are not suitable for long-term preservation, you can negotiate with the holder of the article, or, according to the relevant provisions of the state, with the consent of the person in charge of the case-handling department or investigation team, entrust the relevant institutions to sell or auction in time, and the proceeds will be treated in accordance with Article 11 of these Provisions, with a list, photos, sale or auction results attached.

Article 16 When a case-handling department or investigation team transfers a case or transfers temporarily seized or sealed money and materials due to the need of handling a case, it shall be approved by the leaders in charge of the Committee. When unsealing the sealed money and materials involved, the undertaker and the custodian shall be present at the same time and conduct face-to-face inspection. When returned, it shall be stamped again, and both parties shall sign and seal it.

Article 17 The Administration of Organs Affairs shall conduct self-examination on the custody of temporarily detained and sealed funds and materials on a regular basis; The case management bureau of the general office shall regularly supervise and inspect the management of withheld and sealed funds and materials, conduct a centralized inspection every year, and solve the existing problems in time.

Eighteenth after investigation, it is found that it is not the money involved, and the relevant measures should be lifted in time. The case-handling department or investigation team shall fill in the list of withheld and sealed money and materials, and return the withheld and sealed money and materials to the holder or custodian. When returning, the case-handling department or investigation team shall make a face-to-face inventory with the original currency holder or custodian according to the list and sign for it.

Article 19 After the investigation of a case is completed, when the case handling department transfers the case to the case trial room, it shall list the quantity, value and storage of all the money and materials involved in the investigation report, put forward opinions on the handling of the money and materials involved, and attach a list of the money and materials involved.

When trying a case transferred by the case-handling department, the case trial room shall examine whether the money and materials involved listed in the investigation report are consistent with the attached list of money and materials involved, whether the procedures are complete, and specify the opinions and suggestions on the handling of the money and materials involved listed in the trial report.

Article 20 After the opinions and suggestions on handling the money and materials involved are reported to the Central Commission for Discipline Inspection (secretary's office meeting) or the minister's office meeting of the Ministry of Supervision for discussion and decision, it shall promptly notify the case-handling department in writing and be implemented by the business bureau of the case-handling department.

Under special circumstances, the violator can be dealt with first, and then the money and materials that violate the discipline can be dealt with.

The money and goods involved shall not be dealt with without trial.

Article 21 A written decision shall be made in accordance with the procedures for the confiscated and recovered money and materials involved, and the case-handling department shall fill in the list of confiscated and recovered money and materials, issue receipts and vouchers, and deliver them to the original money and materials holder or custodian in time. When delivered, it shall be signed or sealed by the addressee. If the addressee refuses to sign or seal, the undertaker shall indicate it.

Twenty-second order the relevant units and individuals to refund the money and goods involved, and make a written decision according to different objects according to procedures. The case-handling department shall fill in the list of money and materials ordered to make restitution, and timely deliver it to the claimant for signature. If the requester refuses to sign for it, the undertaker shall indicate it.

Article 23 All confiscated money and materials shall be turned over to the state treasury. Money and materials that should not be returned (compensated) according to law or cannot be returned (compensated) due to objective reasons shall be turned over to the state treasury.

Article 24 The amount that should be turned over to the state treasury according to the amount confirmed in the decision shall be turned over to the state treasury.

Securities and payment vouchers shall be cashed by the agency affairs bureau through relevant departments and handled in accordance with the provisions of the preceding paragraph.

Other cases of violation of discipline and law that should be handled by auction or other public means shall be entrusted to the relevant institutions for handling, and the Administration of Organs and Affairs shall be responsible for separately registering and filling out the Registration Form for the Transfer and Handling of Money and Materials. The proceeds from the disposal shall be turned over to the state treasury.

Twenty-fifth fruits turned over to the state treasury or returned to the relevant units and individuals temporarily detained or sealed shall also be turned over or returned.

Article 26 Where the money and materials involved are transferred to judicial organs, the case-handling department shall strengthen contact and communication with relevant departments of judicial organs. The case-handling department shall urge the judicial organs to return the money and materials involved that the judicial organs think do not constitute a crime, but constitute a violation of discipline, and put forward handling opinions. After the case is tried in the courtroom, it shall be reported to the Central Commission for Discipline Inspection (secretary's office) or the minister's office of the Ministry of Supervision for discussion and decision before being dealt with.

Article 27 If it is deemed unnecessary to file a case after preliminary examination, the case-handling department shall put forward opinions or suggest that the relevant party organizations or units order the investigated person to make restitution, and handle it after approval by the leaders in charge of the Committee.

Article 28 In the name of the Ministry of Supervision, measures such as withholding, ordering suspected units and suspects not to sell or transfer property related to the case during the investigation, confiscating, recovering and ordering restitution of property shall be taken in accordance with the Administrative Supervision Law and other relevant provisions.

Article 29 Where a local or departmental discipline inspection and supervision organ is entrusted to keep the money and materials involved, after the investigation of the case is completed, the case-handling department shall promptly inform the entrusted storage unit in writing of the opinions on the handling of the money and materials involved, and deal with the money and materials involved temporarily and sealed accordingly.

Article 30 No department or individual may occupy, misappropriate, privately divide, privately store, exchange, lend, purchase at a reduced price or use or dispose of the money and goods involved and their fruits without authorization.

In violation of the provisions of the preceding paragraph, in accordance with the relevant provisions, the relevant person in charge and the person directly responsible shall be investigated for disciplinary responsibility. Suspected of a crime, transferred to judicial organs for handling according to law.

Article 31 Where any department or individual violates these regulations and relevant provisions, resulting in adverse consequences, or the money and materials involved are damaged or lost due to improper management, the disciplinary responsibility of the relevant person in charge and the person directly responsible shall be investigated according to the seriousness of the case. Suspected of a crime, transferred to judicial organs for handling according to law.

Thirty-second according to the requirements of the relevant documents and materials, should be stored in the file.

Article 33 The General Office of the Central Commission for Discipline Inspection shall be responsible for the interpretation of these Provisions.