What to do if you are detained by the Chinese police?(Ⅲ)

Welcome to the last article of this series! The following is a summary of the main points of this series. You are welcome to click on the corresponding link to learn, so as to better protect your rights and interests when detention occurs! If you are reading this series for the first time, we highly recommend you to start from the first article with the link below!

[Part 1: Types of detention, order of detention, time of detention and definition of enhanced interrogation;
Part 2: Hiring a lawyer, changing detention to bail and bail pending trial , and special bail provisions ;
Part 3: Illegal seizure of documents and property, how to appeal against illegal procedures and whether a criminal record will affect further education and employment.

Illegal seizure of documents and property
Note: Articles 24, 25 and 27 of the Administrative Compulsory Law of the People’s Republic of China
During administrative detention , if the administrative organ decides to seal up or detain, it shall make and deliver on the spot a letter of decision and a checklist for sealing up or detaining. Among them, the seal-up or seizure decision shall specify the following matters:
(1) The name or title and address of the party concerned;
(2) The reasons, basis and time limit for the seal-up and seizure;
(3) The name and quantity of the properties, the places in which or facilities that are sealed up or detained;
(4) The method and time limit for applying for administrative reconsideration or filing an administrative lawsuit;
(5) The name, seal and date of the administrative organ.
The seal-up and seizure list shall be in duplicate, which shall be kept by the parties concerned and the administrative organ respectively.

Time limit: The time limit for sealing up or detaining property shall not exceed 30 days; if the situation is complicated, the time limit may be extended with the approval of the relevant authorities, but the additional maximum time cannot exceed 30 days. The total seizure date cannot exceed 60 days. In addition, the decision to extend the seizure shall be promptly notified in writing to the parties, and the reasons shall be explained. For activities such as identification and detesting of seized items, a clear explanation period is required. The cost of identification and detesting shall be borne by the administrative organ.

Note: Articles 139 and 140 of the Criminal Procedure Law, Articles 228 and 222 of the Regulations of the Ministry of Public Security
During criminal detention , various property and documents that can be used to prove the guilt or innocence of a criminal suspect shall be sealed up and seized; property and documents unrelated to the case shall not be sealed or seized. The property and documents sealed up or seized shall be clearly checked with the witnesses and the holders of the property and documents sealed up or seized, and the list shall be made on the spot in duplicate, signed or sealed by the investigators, witnesses and the holder. One is given to the holder, and the other is attached to the case file for future reference. If the police don’t make a list on the spot, it’s a procedural violation!
In addition, if you refuse to hand over the property and documents that the public security organ believes should be sealed up or seized, the public security organ may forcibly seal up or seize it.

Time limit: If the seized item is found to be irrelevant to the case, the public security organ shall release the seizure, seize and return it within three days. If no one claims it within six months after the original owner is notified or the announcement is made, the seized property will be treated as unowned property and turned over to the state treasury after registration.

TIPS: Passports, visas, etc. usually need to be presented to the public security organs and detained. After release, you need to pay attention to getting them back!

illegal procedures
In the process of being detained, there may be many procedural problems that do not comply with the law. For example, after being detained, you did not enter the public security bureau or make inquiries for more than 24 hours; the period of detention exceeded 14 days without releasing or changing detention to bail and bail pending trial or illegally detaining property, etc., you can keep the evidence and report it to the procuratorial organ.
Link to the website of the National Procuratorate: https://legal.gmw.cn/45385links/jiangxi.html

Whether a criminal record will affect further education and employment
No criminal record will be left.
The criminal record refers to the record formed by punishments such as surveillance, detention, fixed-term imprisonment, probation, life imprisonment, etc. for violating the criminal law. If you have a criminal record, you cannot issue a certificate with no criminal record which will be related to all aspects of our study and life, such as going abroad, entering school, and finding employment.
Administrative detention will not leave a criminal record because it does not violate the criminal law. Detention on suspicion of a criminal offense will not leave a criminal record if there is no prosecution due to unclear facts and insufficient evidence.