Can the evidence and seized items presented at the investigation or trial stage be returned when the case is closed? If so, what should I do if I cannot collect them in person?
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- Last updated:2024-07-02
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問:在偵、審中提出之證物、扣押物,於該案判決確定後,是否可以發還?如可發還,因故不能親自領取,該怎麼辦?
Q:Can the evidence and seized items presented at the investigation or trial stage be returned when the case is closed? If so, what should I do if I cannot collect them in person?
答:(一)如未經法院宣告沒收,可以具狀聲請發還扣押物,經檢察官審核全卷資料,始得發還。
A:If the court has not declared the confiscation, the claimant can apply for the return of the confiscated property. The prosecutor will return the confiscated property to the claimant after a thorough examination of the file.
答:(二)如聲請人無法親自領取時,需附委任書、受任人之國民身分證等證明文件。
A:If the claimant is unable to collect the seized goods in person, a letter of appointment and the national identity card of the agent must be enclosed.