New Rules on Seizure and Freezing of Money and Property

The Supreme People's Procuratorate has recently issued a new set of regulations on the seizure and freezing of money and property, clearly spelling out the responsibility for money and property seized or frozen. If procuratorial organs incorrectly discharge their duties or are seriously negligent, causing money and property to be wrongly seized or frozen, or causing money and property seized or frozen to be lost, seriously damaged or wrongly disposed, resulting in great loss or pernicious influence, the person bearing principal responsibility and other personnel directly responsible shall be subject to disciplinary action. They may even be criminally prosecuted if their action constitutes a crime.

The new regulations clearly stipulate that any departments and individuals under the people's procuratorate may not illegally seize or freeze public property, may not embezzle, misappropriate, privately divide or keep, replace, lend out, purchase at suppressed prices, or deliberately destroy, discard or dispose of any seized or frozen money and property and interests thereon. In addition, they may not conceal, withhold, or make payments from loots or spoils that should be surrendered to the treasury, and may not intentionally delay the return of money or property seized or frozen that should be returned. In case of violations of these regulations, the person bearing principal responsibility and other personnel directly responsible shall be subject to disciplinary action in accordance with relevant regulations, or criminally prosecuted if these constitute criminal offences. If their violations result in compensation by the state, the persons responsible shall be ordered to compensate the state partially or fully in accordance with the State Compensation Law.

The regulations also state that supervisory departments of the people's procuratorates must regularly check their procuratorates' work of seizing and freezing of money and property. Supervisory departments at a higher level should carry out inspections on the seizure and freezing of money and property by their subordinate procuratorates in a timely manner.