Abstract:
The custody institutions involved in criminal procedure have four modes: “department
custody mode”, “centralized custody within the department mode”, “centralized custody across
departments mode”, “the combination between centralized custody across departments and the third-
party escrow mode”. The department custody mode has many circulation links, large custody risks and
many custody subjects. The centralized custody within the department mode only exists in the public
security organs, procuratorates and courts, and its scope of application is limited. The centralized
custody across departments mode establishes centralized management center across departments,
but it could not effectively take care of special properties and documents. In order to separate the case
handling department from the custody department and the case handling personnel from the custody
personnel, and to ensure the value and value appreciation of involved properties, China should adhere
to the mode of the combination between centralized custody across departments and the third-party
escrow, and set up cross-department centralized custody institutions, which are supplemented by the
joint custody of third-party escrow institutions.
刑事涉案财物的保管机构有四种模式:“部门分别保管模式”“部门内部集中保管模
式”“跨部门集中保管模式”“跨部门集中保管与第三方代管相结合模式”。部门分别保管模
式的流转环节多,保管风险大,保管主体多元;部门内部集中保管模式仅在公、检、法各系统
内部集中保管,其适用范围有限;跨部门集中保管模式设立跨部门的涉案财物集中管理中心,
但它不能有效保管特殊财物、文件。为了实现办案部门与保管部门、办案人员与保管人员相分
离,确保涉案财物保值、增值的目的,我国应当坚持跨部门集中保管与第三方代管相结合模式,
设立跨部门的集中保管机构,辅之以第三方代管机构共同保管。