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Regulations of Zhengzhou Municipality on Valuation of Stolen Goods
Article 1 In order to timely and accurately evaluate the price of stolen goods, which is conducive to the normal conduct of administrative law enforcement and judicial activities, these Regulations are formulated in accordance with the provisions of relevant state laws and regulations and in combination with the actual situation of this Municipality. Article 2 The term "stolen goods" as mentioned in these Regulations refers to public and private property obtained by robbery, robbery, theft, fraud, extortion, corruption, bribery, smuggling and other illegal crimes. Article 3 These Regulations shall apply to the identification of stolen goods by administrative law enforcement organs and judicial organs at all levels in this Municipality within the administrative area of this Municipality. Article 4 The price departments of cities, counties (cities) and districts are the competent departments of stolen goods valuation within their respective administrative areas.

City, county (city), district price department price office is responsible for the valuation of stolen goods, is the statutory body of stolen goods valuation within their respective administrative areas. Fifth stolen goods valuation work to implement the city and county (city), district management.

The municipal price firm is responsible for the valuation of stolen goods cases handled by municipal administrative law enforcement organs and judicial organs and selling them according to law.

County (city) and district price offices are responsible for the identification of stolen goods sold by administrative law enforcement organs and judicial organs below the county (city) and district level according to law. Article 6 The stolen goods in cases handled by administrative law enforcement organs and judicial organs and the stolen goods sold according to law shall be evaluated by price firms. Unless otherwise stipulated by the state. Seventh administrative law enforcement organs and judicial organs shall issue a power of attorney when entrusting a price firm to evaluate stolen goods.

The valuation power of attorney shall specify the name, specification, quantity, source, purchase time, time of obtaining stolen goods by illegal crime and other relevant information and materials. Article 8 After accepting the entrustment of appraisal, a price firm shall make an appraisal conclusion on stolen goods in criminal cases within five days. For other stolen goods entrusted for valuation, a valuation conclusion shall be made within fifteen days. Unless otherwise agreed by the entrusting party. Article 9 After the appraisal, the price firm shall issue a unified appraisal conclusion of stolen goods, and affix the appraiser's seal and the price firm's seal.

For stolen goods whose prices are unknown or difficult to determine, the price firm may employ relevant units or professionals to participate in the valuation. Article 10 In any of the following cases, the appraiser shall withdraw:

(1) Being a party to the case or a close relative of a party or agent ad litem;

(2) Having an interest in the case;

(3) Having other relations with the parties to the case, which may affect the fair evaluation of stolen goods. Article 11 The appraisal conclusion of the price firm on the stolen goods involved in the case has legal effect and is the evidence for the administrative law enforcement organs and judicial organs to handle the case. Twelfth administrative law enforcement organs, judicial organs of the county (city), district price office valuation objection, you can apply to the municipal price office for review; If there is any objection to the valuation of the Municipal Price Office, the Municipal Price Office shall organize the relevant units and personnel to review it again. Thirteenth stolen goods in the case should be valued according to the local price at the time of committing the crime, and the stolen goods that need to be depreciated should be valued according to the actual value.

Determination of local price at the time of crime;

(a) the goods in the circulation field, which belong to state price, are calculated at the national price; Belong to the national guidance price, according to the maximum price calculation; If the price belongs to the market-adjusted price, it shall be calculated according to the market median price.

(two) products in the production field, the finished products are calculated according to the price of similar goods in the circulation field; Semi-finished products are calculated according to the price of finished products; Raw materials are calculated according to the purchase price plus actual reasonable expenses.

(3) The valuation of cultural relics, gold and silver, jewels, marketable securities, priceless securities, imported goods and other special stolen goods shall be calculated in accordance with the relevant provisions of the state. Article 14 The stolen goods sold according to law shall be priced according to the actual value combined with the market price.

The appraisal conclusion of stolen goods shall be supervised and implemented by the financial department. Fifteenth stolen goods sold according to law, the units and personnel involved in the valuation shall not buy. Sixteenth stolen goods valuation by the entrusting organ in accordance with the relevant provisions of the province to pay appraisal fees to the price firm.

The appraisal fee for stolen goods in criminal cases shall be paid by the financial department from the income from the handling of stolen goods. Seventeenth administrative law enforcement organs, judicial organs unauthorized valuation of stolen goods involved, the valuation conclusion is invalid, should be re-evaluated in accordance with the provisions of this Ordinance.

If the administrative law enforcement organs and judicial organs sell stolen goods without the appraisal of the price firm, the price inspection agencies shall impose administrative penalties on the price violations.

Administrative law enforcement organs and judicial organs in violation of these regulations, unauthorized valuation and unauthorized sale of stolen goods in handling cases, by the competent department of the person in charge and the person directly responsible shall be given administrative sanctions; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law. Article 18 The staff of a price firm shall enforce the law impartially and appraise the price of stolen goods objectively and fairly.

For bending the law, fraud, depending on the seriousness of the case, the competent department shall give administrative sanctions to the relevant personnel; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law. Nineteenth administrative law enforcement organs and judicial organs need to sell, seal up, detain, confiscate goods and discount compensation items in handling cases, with reference to these regulations. Article 20 If these Regulations are in conflict with national laws and administrative regulations, the latter shall prevail; If the relevant provisions of this Municipality conflict with these regulations, these regulations shall prevail.