Since 1980s, bank cards have become popular. The use of bank cards not only reduces the circulation of cash and checks, but also makes the banking business break through the limitations of time and space, and has undergone fundamental changes, bringing a lot of convenience to the daily life and work of enterprises and ordinary people. According to the survey of 20 17, the average person in China holds 4.8 bank cards.
With the continuous development of society, bank cards have also become a tool used by criminals to cheat. In recent years, I often heard that someone received a phone call from a procuratorate or public security bureau saying that he was suspected of committing a crime, transferred the money in the bank card to a safe account to assist in the investigation, and then was defrauded of huge amounts of money. In recent years, local public security organs have also publicized and informed them in various ways that they will strictly abide by the provisions of the Criminal Procedure Law and relevant laws and regulations when handling cases, and will never directly ask criminal suspects (victims of fraud cases) to transfer personal funds by telephone. What should you do if one day you suddenly find that the money in your bank card can't be withdrawn and you go to the bank counter and are told that your bank card has been frozen by a public security organ?
The picture comes from the internet.
Under what circumstances do public security organs generally freeze bank cards? How long is the freezing period?
Law: Provisions on the Procedures of Public Security Organs in Handling Criminal Cases Article 231 The public security organs may, according to the needs of investigating crimes, inquire about and freeze the deposits, remittances, bonds, stocks, fund shares and other properties of criminal suspects in accordance with regulations, and may require relevant units and individuals to cooperate.
Article 236 "The time limit for freezing deposits, remittances and other property is six months. The period for freezing bonds, stocks, fund shares and other securities is two years. If it is necessary to extend the time limit for special reasons, it shall go through the formalities of continuing the freezing at the public security organ before the expiration of the freezing period. The time limit for freezing deposits, remittances and other property at one time shall not exceed six months; The longest term of each renewal of bonds, stocks, fund shares and other securities shall not exceed two years. If it continues to freeze, it shall go through the freezing procedures again in accordance with the provisions of Article 233 of these Provisions. Failing to go through the freezing procedures within the time limit, it shall be deemed as automatic thawing.
According to the above provisions, we can know that the public security organs can freeze personal bank accounts according to the needs of investigating crimes, and the longest freezing period is not more than half a year. You can continue to freeze before the expiration of half a year, and the freezing times are not limited. If you are a legitimate businessman, there are more than a dozen employees waiting for the money in the bank card to be paid, or you urgently need to buy a batch of raw materials for factory production, but the cash flow is difficult because the bank card is frozen, then do you passively wait for the public security organ to investigate and unfreeze the bank card, or actively apply for unfreezing the bank card? Some cases involving major criminal groups or major and complicated cases involving fugitive crimes may take several years to investigate and close.
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Case:
Zhou Mohong is an e-commerce. He has been running a Taobao shop selling jadeite for more than ten years. Zhou Mohong's Alipay and WeChat are both bound to the same ICBC bank card. 20 17 May, Zhou Mohong found that Alipay and WeChat could not be recharged by ICBC card, so he went to the bank counter for consultation. The staff at the bank counter informed him that the ICBC card had been frozen by the Interpol Corps of a provincial public security department. Zhou Mohong's funds for selling jadeite in the online shop are all through this ICBC card. Now the ICBC card has been frozen, which has seriously affected the normal operation of the online store and Zhou Mohong's daily life.
Zhou Mohong consulted the lawyer, who suggested contacting the Interpol Corps of a provincial public security department to find out why the bank card was frozen. As long as it can be proved that the funds in the bank card are legal, the public security organ will unfreeze them. After Zhou Mohong handled the entrustment, our lawyer immediately contacted the Interpol Corps of a provincial public security department and learned that Zhou Mohong's ICBC card received a remittance of 64,000 yuan from Wu on May 365,438+0, 2065,438+0, 2065,438+06. The person who paid the money was suspected of fraud and was at large, so Zhou Mohong's bank card was frozen. The lawyer informed Zhou Mohong of the information obtained by the Criminal Police Corps of a provincial public security department. Zhou Mohong claimed that the payment received on May 3 16 was part of the payment for a pair of natural emerald diamond earrings worth 94,000 yuan from Ye Moumou, an old customer in Hong Kong. On the same day, the two sides negotiated to remit 64,000 yuan first, and the balance of 30,000 yuan was paid by Ye Moumou when he came to pick up the jade. 2065438+June, 2006 1 day, Zhou Mohong and Ye Moumou delivered the goods in guangzhou east railway station, and Ye Moumou paid Zhou Mohong the balance of 30,000 yuan.
After listening to Zhou Mohong's statement, the lawyer suggested submitting a written complaint to the Criminal Police Corps of a provincial public security department, demanding that the bank card be unfrozen, and providing evidence to prove that the payment of 64,000 yuan belongs to Zhou Mohong's legitimate economic exchanges. Under the guidance of this lawyer, Zhou Mohong provided a screenshot of the online store, three express orders, a WeChat chat record of Zhou Mohong and Ye Moumou, and a jade appraisal certificate. The above evidence proves that an online shop has been operated by Zhou Mohong for more than ten years, and its credibility is extremely high. Ye Moumou is an old customer, and the two sides have traded three times. 64,000 yuan is part of the money paid by Ye Moumou to buy jade, and Zhou Mohong did not participate in the crime. Our lawyer submitted a complaint and relevant evidence to the Criminal Police Corps of a provincial public security department, and communicated with the police handling the case many times, thinking that 64,000 yuan was not stolen money. The freezing of Zhou Mohong's ICBC card has caused Zhou Mohong's business difficulties, and I hope to lift the freezing of Zhou Mohong's ICBC card as soon as possible. A week after submitting the complaint and relevant evidence, Zhou Mohong contacted our lawyer and said that her ICBC card had been thawed and can be used normally now.
The picture comes from the internet.
In the process of cracking down on crimes, the public security organs will take freezing measures on the bank cards where the funds involved flow. For example, A has an economic relationship with a customer, A's bank card receives a sum of money paid by the customer, A and B have a legal economic relationship, A's funds flow to B, B and C also have a legal economic relationship, and B has funds flow to C. Later, because a customer's funds are suspected of committing a crime, the public security organs generally freeze A, B and C bank cards, and the freezing of A, B and C bank cards is an innocent "hand". According to relevant regulations, public security organs have the right to freeze their accounts for six months for investigation. Many operators in the same situation as A, B and C have legitimate business dealings with customers, but they cannot verify the source of funds of customers. Freezing their accounts without knowing it has had a great impact on their lives and work. The lawyer believes that if the bank card is frozen for no reason, don't panic. First of all, we should know which funds have problems, and then provide evidence to the public security organs to prove the legal source of funds. He represented many cases in which bank card funds were frozen, such as Huang's bank card was frozen by a new crime center of a city to crack down on telecommunications networks, and his bank card was frozen by the criminal police brigade of a city public security bureau in Shandong Province. With the assistance of our lawyers, Huang and Jun provided relevant evidence to the public security organs to prove that their sources of funds were legal. After many times of communication between our lawyers and the case-handling organs, all the frozen bank cards were unfrozen.