What is the legal basis for freezing bank accounts in the Criminal Procedure Law?
In the trial of criminal cases in China, for some criminals who break the law. China's relevant laws and criminal procedure law stipulate that criminals' bank accounts can be frozen, and future cases can be tried, or relevant victims can be compensated. What is the legal basis for freezing bank accounts in the Criminal Procedure Law? Here are some questions for you. I. Seizure, seizure and freezing of property and its disposal According to Article 234 of the Criminal Procedure Law, the Supreme People's Court's interpretation and relevant regulations, the public security organs, people's procuratorates and people's courts shall handle the seized, seized and frozen property as follows: the property seized, seized and frozen by criminal suspects and defendants and the fruits thereof shall be properly kept for verification, and a list shall be made and transferred with the case. No unit or individual may misappropriate or dispose of it by itself. To seal up real estate, vehicles, ships, aircraft and other property, the right certificate shall be seized, sealed on the spot after taking photos or videos, or kept by the right holder or the close relatives of the defendant, and the name, model, ownership, address and other details of the property shall be registered, and the relevant property registration management department shall be notified to handle the seal-up registration procedures. When detaining articles, the name, model, specification, quantity, weight, quality, fineness, purity, color, old and new degree, defect characteristics and source of the articles shall be registered and explained. The seized currency and securities shall be registered, and the names, quantities and denominations of the currency and securities shall be stated. Currency shall be deposited in a special bank account, and the name and contents of the bank deposit certificate shall be registered. Seizure of cultural relics, gold and silver, jewelry, precious calligraphy and painting and other valuables and contraband, should be photographed, if necessary, timely identification. The seized articles shall be identified in a timely manner in accordance with relevant regulations. To freeze deposits, remittances, bonds, stocks, fund shares and other property, the number, type, face value, number and amount shall be registered and indicated. If the ownership of the victim's legitimate property is clear, it should be returned in time according to law, but it must be photographed, appraised and valued, and the reasons for the return should be indicated in the case file, with the original photo, list and victim's collection procedures attached for future reference; If the ownership is unknown, it shall be returned to the victim in proportion after the judgment or ruling of the people's court takes effect, but the returned part shall be deducted. In the course of trial, if the obligee applies to sell the seized or frozen bonds, stocks, fund shares and other properties, and the people's court considers that the interests of the state and the victims will not be harmed, and the normal proceedings will not be affected, and the validity of the seized or frozen bills of exchange, promissory notes and checks will soon expire, they can be sold according to law before the judgment or ruling takes effect, and the proceeds will be kept by the people's court, and the parties concerned or their close relatives will be informed in time. The judgment is based on Article 234 of China's Criminal Procedure Law. When the relevant procuratorial and case-handling units seal up the valuable assets such as stocks, ships and houses of relevant criminals, they should leave enough video materials and carefully count the amount, amount and quantity seized, so as not to affect property losses.