My bank card was frozen for half a year. What should I do?

The lawyers team of Law School is a legal service team specializing in unfreezing bank cards. Successfully undertaken a large number of bank card unfreezing cases, and received a lot of legal advice about bank card freezing every day. Based on our experience in handling cases, we have summarized the ways and means to deal with frozen bank cards for your understanding.

Bank cards are frozen, generally in three ways:

First of all, by analogy.

Public security organs generally freeze their cards for half a year, and the number of public security cases is huge and the police force is insufficient. Unless you are suspected of a criminal offence and belong to a criminal suspect, the public security organ will not contact you actively after freezing your card.

If you find yourself frozen, you can wait three days first. The public security organ will take the initiative to review your relationship with criminal funds in the first three days after freezing the funds (in a few areas, the public security organ will set a week). If the relationship is not significant after the review, the public security organs will freeze it for half a year, and very few public security organs will freeze it 1 year (such as Beijing).

You can continue to wait for a frozen card period. After the expiration, if the case is detected and found to have nothing to do with you, it will be unfrozen, and the probability of automatic unfreezing is about 1%. If the case is not solved, there is a high probability that it will be frozen again. The criminals of telecom fraud, online gambling or money laundering gangs are mostly abroad, and the investigation by public security organs will be very difficult, and many cases may not be solved.

It must be noted that China's laws stipulate that public security organs can freeze citizens' bank accounts because of the need of handling cases, and they can continue to freeze them at maturity, but there is no stipulation on the number of times of freezing, which means that public security organs can continue to freeze bank accounts indefinitely if the case has not been solved or for other reasons. Some time ago, a customer named Cao contacted us seven years after his account was frozen.

Second, actively cooperate with the public security organs.

If it is still unfrozen after three days, you can choose to actively cooperate with the public security organ: get in touch with the public security organ that undertakes the case and bring your own identification materials, relevant transaction records, transaction contracts, etc. And go to the local area to explain the situation in detail.

However, the first problem faced by this method is that it is very likely that the public security organ that has frozen the account cannot be contacted. Banks generally do not provide information about frozen organs. If there is, it is mostly the reception room of the freezing mechanism. If the public security organs investigate and deal with such economic cases, there may be hundreds or even thousands of frozen cards at a time, and dozens of inquiry calls are received every day, which makes it difficult to get through. Even if you get through, you will get a typical reply: 1, you are suspected of XX crime, bring relevant materials to make a record for us; 2, you wait for our case to be reviewed, and you will be unfrozen when the case is found out.

At this point, you can choose to go to the public security organ to handle it yourself, but there are certain risks in doing so. According to the personal experience of most of our clients, going to the public security organs can't easily solve the problem. Economic crimes generally involve a wide range. In order to prevent the outflow of criminal funds, the public security organs are extremely cautious about unfreezing bank accounts. After many times of communication, the parties can only get the answer that the case is being processed and cannot be unfrozen now. In some cases, because of police problems, the public security organs can't accept and deal with them, and they don't put them on record, so they let you go back and wait for the notice. In some cases, if the communication mode is improper or the transcript is flawed, it may be suspected of some criminal offences or administrative violations and detained by criminal/administrative organs. A typical case is online gambling, which may be administratively detained according to law. Gambling is an illegal act, which can be temporarily detained, fined or administratively detained for less than 0/5 days.

One of our customers in Shenzhen, whose account was frozen by Henan Public Security Bureau, went back and forth to Henan four times in two years, and still did not unfreeze the bank card, but spent tens of thousands of yuan on travel expenses.

Third, entrust a professional thawing lawyer to handle it.

Professional lawyers will guide the parties to fully understand the case information, collect favorable evidence materials, then prepare complete unfreezing materials, communicate with the public security organs to implement the treatment, control the communication rhythm, and protect the legitimate rights and interests of the parties to the greatest extent.