Do you know why the public security organs want to freeze your bank card? What is the deep logic of freezing? With the deepening of cracking down on telecommunication network crimes, we predict that the freezing tide will continue for a long time. In view of the doubts of frozen friends, I hope this article can help them understand the legal issues related to bank card freezing, and provide the thawing path according to the practical experience of the team in dealing with thawing. I hope I can give you some help in the cold winter.
First, the public security organ freezes your bank card. Unlike some friends who have been frozen, the public security organs can freeze whoever's bank card they want. There is a legal basis for freezing your bank card.
According to Article 2 of the Relevant Provisions on the Application of Seizure and Freezing Measures in Handling Criminal Cases by Public Security Organs, "The public security organs shall seize and freeze the property involved according to law according to the needs of investigating crimes, and the relevant departments, units and individuals shall assist and cooperate." With the law, bank cards can be frozen according to the needs of criminal investigation, so what is the relationship between your bank card and crime?
The reason is that the illegal money in criminal cases of fraud, online gambling and pyramid schemes investigated and dealt with by public security organs flows into the accounts involved. Because objectively, there are indeed stolen funds flowing into the bank card, the public security organ will doubt whether you belong to the person involved, and all bank card accounts involved will be frozen in full. To a certain extent, in the eyes of public security organs, the person who receives the frozen money is the criminal suspect. The reason why I don't take personal coercive measures is that I feel that my suspicion is not big enough and I still need it. If sufficient evidence is collected in the later investigation, the public security organ will take personal coercive measures. After the motorcade freezes the card, the public security organ will collect enough evidence during the investigation and take criminal detention measures against the frozen person. In short, the frozen person belongs to the suspect list of the case-handling organ.
At the same time, the public security organs' one-size-fits-all freezing method is also to prevent the funds from being transferred and causing irreparable losses to the victims. This is also the last choice of public security organs under the pressure of handling cases. However, the one-size-fits-all freezing method will also affect the exercise of legal property rights of some bona fide cardholders. At present, most friends who are frozen believe that the investigation agency can freeze for up to 6 months and then thaw after the expiration of the freeze period. Is the longest freezing period really 6 months? Will it really thaw automatically when it expires?
Many friends who have been frozen understand that after the bank card is frozen, it can be automatically unfrozen after 6 months, and there is no need to communicate with banks and public security organs. In fact, this is a big misunderstanding. The law is very clear. The public security organ can freeze your bank card for 72 hours, or freeze you for 6 months according to the needs of investigation. Frozen for 6 months can be extended for another 6 months!
Among them, 72 hours is a temporary stop payment measure for accounts suspected of committing crimes. According to Article 6 of Several Provisions on the Management of Property Involved by Public Security Organs, after taking measures, public security organs shall promptly review the property involved. If it is found to be irrelevant to the case, it shall be cancelled and returned within three days. "
If your bank card has not been unfrozen 72 hours after being frozen, then your bank card has been identified as the account involved by the public security organ. According to Article 243rd of the Procedures for Handling Criminal Cases by Public Security Organs, the time limit for freezing deposits, remittances and other property is six months. Each freezing period shall not exceed 6 months at the longest. "Many frozen friends only read the previous sentence. The freezing period is 6 months, and the longest freezing period is 6 months. Although the law stipulates that it is six months at a time, it actually stipulates that the insurance can be renewed when it expires, which means that the freezing period is not six months. In fact, some case-handling units always tell the frozen card owners that the fraud suspect behind the stolen money has not arrived yet. You can't judge whether your card can be solved until the case is solved. When will it be solved? However, in practice, many fraudsters hide overseas. If the swindler must be caught, then it can be judged that the card owner's card cannot be unfrozen. Really become a distant future.
In addition, in the case of thawing, through communication with frozen friends, frozen people often feel that it is wrong and aggrieved for the public security organs to freeze their bank cards. Especially in the virtual currency industry and foreign trade industry, because the virtual currency industry and foreign trade industry are easy to collect black money? Why are these two industries more likely to receive stolen money than other industries?
Virtual currency and foreign trade industries are often frozen because of their trade characteristics.
From the perspective of virtual currency industry, criminals often use the dispersion and anonymity of virtual currency to commit money laundering and other illegal crimes, which leads to the case-handling unit's natural prejudice against virtual currency, that is, the transactions related to virtual currency are all gray and black industries, and they always feel that they are related to such bad things as illegal crimes. What's more, you are trading a bunch of figures, the price is so high, you don't sign contracts, you don't invoice, you don't pay taxes. You don't even have basic information about the buyer.
For the foreign trade industry, we must first find out how the foreign trade industry collects money, which is called the settlement method in the industry. At present, most domestic foreign trade businesses choose to exchange foreign exchange through third parties. As long as the normal foreign trade payment is received, the foreign trade merchant will find a third party to transfer foreign currency such as US dollars to the third party's account through the third party exchange, and then the third party will pay the equivalent RMB to the foreign trade merchant's domestic bank card. This behavior is also called "chain exchange". However, this kind of transaction through a third party can easily lead to illegal funds being received in bank accounts. This is why so many people's bank cards in the foreign trade industry have been frozen.
To explain why virtual currency and foreign trade are difficult to unfreeze, we need to find out why public security organs do not unfreeze equivalent goods. Generally speaking, as long as there is a real and legal transaction behind the money you receive, it belongs to the money received by the equivalent paid transaction. In judicial practice, it is generally inclined to assume that you are subjectively ignorant. However, there are exceptions. That is to say, although the stolen money is equivalent, it is also paid, and you have paid the same price for the stolen money, but your transaction is so unusual that people wonder what the motive is. At this time, even if the equivalent payment is made, it will not be easily unfrozen for you!
For example, if the police check the tap water and find it, you take it away.
You received the stolen money, and then you gave it to the 4S shop that sold cars. You provided the contract, invoice and delivery certificate behind the payment. If the car price is normal and there are no other abnormalities, the police have no reason to continue to freeze your card. However, if you are a trading group in different places, or even use overseas chat software or encryption software to sell virtual coins, physical gold, prepaid cards and Amazon shopping cards with some unidentified people, then your whole trading behavior will become very abnormal, and the public security organs have reason to think that you are evading supervision. If you don't know everything behind you clearly and prove that you don't know subjectively, or even should not know, then you are.
Therefore, you can not only unfreeze the equivalent goods, but also prove that you are subjectively unaware of the stolen money, so you need to provide corresponding evidence materials.
For the virtual currency industry, the intuitive reason why the case-handling unit is not easy to unfreeze is: Why is there a price difference in the stable currency USDT, so that your OTC can make a stable profit? Fast-forward running water is too much like running away. Is there something fishy about it? In addition: you should know how to understand the OTC transaction of virtual currency in legal documents. According to document 2 1 924, OTC refers to the business of exchanging legal tender and virtual currency and buying and selling virtual currency as a central counterparty. According to Document 924, OTC is an illegal financial activity. As for which criminal offences constitute illegal financial activities outside the venue, there is great controversy in practice, and the most consistent crime is the crime of illegal business operation. However, according to Article 225 of the Criminal Law, it needs to be clarified: Is OTC an intermediary scalper or a payment and settlement institution for retail investors? However, whatever the explanation, in short, your off-site behavior is clearly stipulated in the documents of the People's Bank of China and ten ministries and commissions, and it belongs to illegal financial activities. Theoretically, this has nothing to do with the freezing behind the receipt of stolen money, but it has a lot to do with practice. After all, OTC trading is an illegal financial activity.
For the foreign trade industry, it is illegal to exchange foreign exchange without permission, which will destroy the country's foreign exchange balance. Safe knows that administrative punishment can be imposed, even if the amount exceeds 5 million, it will constitute a criminal offence. Therefore, in the case of virtual currency and foreign exchange, how can the case-handling unit easily unlock your card?
However, you can't kill them with one blow: virtual currency and foreign exchange. In some cases, you need to tend to think that you didn't know when you received the stolen money. For example, when trading on the floor, people have already reviewed the traffic and randomly selected buyers. They have already done the review. As for not signing a contract and not having an invoice, it is caused by the characteristics of the industry. In addition, individuals holding virtual coins and simply selling their own virtual coins are not necessarily related to freezing or not. Take foreign exchange as an example. Iranian customers have no dollar reserves at all and can only exchange money through intermediaries. At this time, it is a last resort. Therefore, even if it is an unconventional field, it is necessary to analyze specific problems. If you really don't know the stolen money, how can I apply for thawing?
The reason why the public security organ freezes the bank card is because the public security organ thinks you are suspected of committing a crime. But if the police are involved in the case, you can prove that you are innocent and unaware of the stolen money, and you can prove that you are legally trading. Then, according to Article 196 of the Procedures for Handling Criminal Cases by Public Security Organs (2020), "If the parties and their defenders, agents ad litem and close relatives commit one of the following acts against the judicial organs and their staff, they have the right to appeal or accuse the organs: (3) Take measures of sealing up, distraining and freezing the finance irrelevant to this case; (4) lifting the seal-up, seizure and freezing; " Article 247 stipulates that "if it is found that the frozen property is really irrelevant to this case, it shall notify financial institutions and other units to lift the freeze within three days, and notify the owner of the frozen property." The public security organ shall, in accordance with the provisions, lift the bank card freeze.
To prove that you don't know about the funds involved and don't belong to the account involved, you need to provide the bank flow of the account involved and ask the public security which money is problematic; For which transaction or transactions, find out the information of the upstream payer; Find out the reasons and basis for him to transfer money to you, such as contracts, invoices, invoices and so on.
If the materials cannot be provided, or the materials are unconvincing, they do exist. For example, if you are in foreign trade, you can get RMB from a foreign exchange bank. Virtual currency in different places is a sum of money obtained by selling money to people you don't know; There are also offline physical luxury goods, precious metal transactions, advertising media services, telephone charges, and traffic recharge. In the eyes of the police, specific transactions lack contract, invoice and order information. First, it completely corresponds to your receipt, and the police are afraid of fooling around, so we should find more indirect evidence to restore the trading scene at that time.
In cracking down on telecommunication network crimes, public security organs have the right to freeze bank cards that receive stolen money. However, in this process, some bona fide cardholders' bank cards were innocently frozen, and their legal property rights were violated. The public security organs pay attention to the efficiency of the freezing measures to start the procedure, but the thawing procedure is perfect. Coupled with the single relief channel, there is no professional to sort out the thawing materials and communicate with the public security organs, so the thawing process is relatively long.
We believe that public security organs can't just focus on cracking down on crimes and ignore citizens' property rights. At the same time, it is also hoped that businesses engaged in the virtual currency industry and foreign trade industry will be cautious in trading, and keep good transaction records during the trading process, so as to avoid the dilemma that bank cards lack unfreezing materials due to the receipt of stolen money and cannot prove their innocence after being innocently frozen. Finally, if you are suspected of a criminal offence, you need to entrust a professional lawyer to intervene in the case as soon as possible to help "frozen friends" safeguard their legitimate rights and interests.
Related Q&A: Can bank cards be frozen, but freezing or not will affect the use of bank cards, including deposits, withdrawals, loans, wealth management, and the entry and exit of funds from tripartite deposits. 1. In real life, if our bank card is frozen, we can ignore it. The answer is yes, but if ignored, it may limit the normal use of bank cards and affect our normal transactions. As we all know, when our card is frozen, we can't use some basic bank account functions correctly. So how to thaw? In fact, it depends on the reasons for freezing, because they have different ways to lift the freeze according to the reasons. 2. So when will our life freeze? Let's have a look. First, automatic account protection. We know that these bank accounts are self-protected. Because they will automatically realize this situation, they will freeze funds to better protect their accounts. In order to control the transaction and avoid further influence. For example, if there is a large amount of money coming in and out, he will automatically identify the abnormality and may touch the protection mechanism. Freeze to avoid further impact. Of course, it is also possible that we entered the password several times during the operation, and the automatic lock was frozen. 3. In addition to the normal automatic account protection, sometimes it will automatically enter the bank account for legal reasons. Freeze accounts and limit personal expenses. Therefore, we can't break the law, otherwise the result will make us very uneasy. So I hope everyone can pay attention to it, so as to really solve this problem. Freezing accounts has a great impact on us, so we must pay attention to it. Only in this way can we really avoid more accidents and bring us more and more extra losses. We need to go to the bank immediately to verify the freezing days, where the frozen public security bureau is, who the police officer is in charge of handling, and what the contact information is. Banks can check all this information. Of course, if it is only temporarily frozen for a few days, there is no need to worry.