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Application for Return of Evidence or Seized Property

  • Publication Date:
  • Last updated:2023-12-16
  • View count:2185

Item of application: Application for return of evidence or seized property


Detail of application:
Closure of a case is confirmed or execution is completed.


Applicant:
1. The owner or provider.
2. The inheritor.


Methods of application:
1. Submit an application (marking the case number and section in charge).
2. Verbal application.
3. Phone application.


Documents required:
1. If the right holder is making claim in person, he/she should bring the order of disposition or notice, his/her ID card and personal seal.
2. If the right holder is authorizing another person to claim the seized property, the authorized person should bring the letter of authorization, the order of disposition or notice, the ID cards and personal seals of the authorizing and authorized persons for the prosecutor’s verification before claiming the property.
3. If the right holder is dead, the seized property should be returned to the inheritor. If there are a number of inheritors, they should be informed individually to authorize one person to claim the property. When the inheritor claims the property, he/she should present the following documents for the prosecutor’s approval before the property is returned:
(1) The certificate of death or household registration transcript of the right holder.
(2) Inheritance chart and the household registration transcript of the legal inheritor.
(3) If the legal inheritor forsakes the right to inheritance, the supporting document for the surrender of right is required.
(4) Letter of authorization (If there are a number of inheritors, one of them should be authorized as representative; if there are junior inheritors, their statutory agent should give the authorization on their behalf.)
(5) The ID card, personal seal of the co-inheritors and the authorized person, as well as the order of disposition or notice.
4. Online applicants should send the supporting documents by registered mail, and mark the application number as appeared in system’s reply.)


Application period: Closure of the case is confirmed, or execution is ordered or completed.


Acceptance time: Any time during the office hours.


Reviewing criteria and processing result:
Properties not subject to confiscation or identified as illegal by court order will be returned by sending a notice to the right holder after the prosecutor’s verification.

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