If the holder refuses to hand over the property and documents that should be sealed up or detained, the public security organ may forcibly seal up or detain them.
Article 223 In the course of investigation, if it is necessary to seize property and documents, a decision on seizure shall be made with the approval of the person in charge of the case handling department; If it is necessary to seize property and documents during on-site investigation or search, it shall be decided by the on-site commander; However, if the value of the seized property or documents is high or may seriously affect the normal production and operation, a decision on seizure shall be made with the approval of the person in charge of the public security organ at or above the county level.
In the process of investigation, if it is necessary to seal up real estate such as land and houses or specific movable property such as ships, aircraft and other large-scale machinery and equipment that are not suitable for moving, it shall be approved by the person in charge of the public security organ at or above the county level, and a decision on sealing up shall be made.
Article 224 There shall be no less than two investigators for sealing up or detaining, and they shall produce the relevant legal documents stipulated in Article 223 of these Provisions.
When sealing up or detaining, a written record shall be made, which shall be signed by the investigator, the holder and the witness. If the holder cannot be determined or the holder refuses to sign, the investigator shall indicate it in the record.
Article 225 The seized or sealed-up property and documents shall be checked with the witnesses present and the holders of the seized or sealed-up property and documents, and a list of the seized or sealed-up property and documents shall be made in triplicate, indicating the name, serial number, quantity, characteristics and source of the property or documents, which shall be signed by the investigators, the holders and the witnesses, one for the holder, one for the custodian of the public security organ and one for future reference.
If the property and certificate of the holder cannot be determined or the holder refuses to sign, the investigator shall indicate it in the list.
If valuables such as cultural relics, gold and silver, jewelry, precious calligraphy and painting are seized according to law, photos or videos shall be taken and appraised in time.
Article 226 After being registered, photographed, videotaped or appraised, the property and documents that are inconvenient to extract as evidence of a crime may be handed over to the property and document holder for safekeeping or sealing, and a list of registration and preservation shall be made in duplicate, which shall be signed by the investigator, the holder and the witness, one for the property and document holder, and the other with photos or videos for future reference. Property and certificate holders shall keep them properly and shall not transfer, sell or damage them.
Article 227 The seizure of a criminal suspect's mail, e-mail and telegram shall be approved by the person in charge of the public security organ at or above the county level, and a notice of seizure of the mail and telegram shall be made to inform the post and telecommunications department or the network service unit to hand over the seizure.
If it is not necessary to continue the seizure, it shall be approved by the person in charge of the public security organ at or above the county level, make a notice of lifting the seizure of mail and telegram, and immediately notify the post and telecommunications department or the network service unit.
Article 228 If the property, documents, mails, mails and telegrams that have been sealed up or detained are found to be really irrelevant to the case, the sealing up or seizure shall be lifted within three days and returned to the original owner or the original post and telecommunications department or network service unit; If the original owner is not clear, it shall inform the original owner to claim by announcement. If it is unclaimed within six months after notification to the original owner or announcement, it shall be treated as ownerless property and turned over to the state treasury after registration.
Article 229 If the ownership of the victim's lawful property and fruits is clear and uncontroversial, and the facts of the suspected crime have been verified, it shall be returned in time after registration, photographing or video recording and evaluation, and the reasons for the return shall be indicated in the case file, and the original photos, list and victim's collection procedures shall be kept for future reference.
If the victim cannot be found, or no one collects it after notifying the victim, the relevant property and its fruits shall be transferred with the case.
Article 230 The public security organ shall properly keep the seized and detained property, fruits and documents for inspection. No unit or individual may use, replace, damage or dispose of it by itself.
For perishable and difficult-to-keep property, with the approval of the person in charge of the public security organ at or above the county level according to the specific circumstances, the relevant departments may be entrusted to sell or auction after taking photos or videos, and the price of the sale or auction shall be temporarily kept until the end of the lawsuit.
Contraband shall be handled in accordance with the relevant provisions of the state; If it needs to be used as evidence, it shall be handled after the lawsuit is concluded.