1. If the bank card involved in online gambling is frozen, it shall actively cooperate with the case-handling organ to handle the case.
2. If the bank card is frozen by the public security court, it is suspected that the bank card is related to online gambling. After the investigation is completed, if there are no other problems, the account will be cancelled in time.
3. The Public Security Bureau shall report to the court to freeze the relevant bank accounts involved because of handling cases or judicial needs;
4. The court sent a letter to the bank, and the bank replied and signed it, freezing the account according to regulations;
5. The general freezing period is six months, which can be extended once according to the demand, usually for three to six months, or the account may be frozen permanently.
Legal basis: Public Security Administration Law
Article 70 Whoever, for the purpose of making profits, provides conditions for gambling or participates in gambling in a large amount shall be detained for not more than five days or fined not more than 500 yuan; If the circumstances are serious, they shall be detained for more than 10 and less than 15, and fined for more than 3,000 yuan in 500 yuan.
Second, can online gambling be frozen and not handled?
Online gambling can't be frozen and left untreated. Organizers and facilitators who are suspected of opening casinos shall be investigated for criminal responsibility according to law. Suspected of gambling, the deposit is frozen, and the case-handling organ will check it. Those belonging to the proceeds of crime or gambling funds used for crime shall be confiscated. If it has nothing to do with the case, it shall be thawed and returned within three days.
First, bank cards are temporarily frozen due to online gambling. We don't need to do anything. After investigation, the bank card will be automatically unfrozen within 36-72 hours. If our bank card is temporarily frozen because it involves online gambling, the public security organ will investigate the flow direction of our bank card, and we can roughly analyze whether we are involved in online gambling. After examination, it is determined that our bank card does not involve online gambling, then the public security organ will unfreeze our bank card within 36-72 hours, and our bank card can be used normally after unfreezing.
Second, the bank card was frozen by the people's court because of online gambling. We need to actively cooperate with the trial of the case and will not unfreeze it until the case is closed or revoked.
Legal basis:
People's Republic of China (PRC) Public Security Administration Punishment Law?
Article 70? For the purpose of making profits, provide conditions for gambling, or participate in gambling in a large amount, be detained for less than five days or fined less than 500 yuan; If the circumstances are serious, they shall be detained for more than 10 and less than 15, and fined for more than 3,000 yuan in 500 yuan.
Third, the online gambling conference was sentenced.
According to China's relevant laws and regulations, anyone who gambles more than 50,000 yuan online will be punished with gambling, fixed-term imprisonment of not more than three years, criminal detention or control, and fined.
Legal basis: People's Republic of China (PRC) Criminal Law.
Article 303 Whoever gathers people to gamble or gamble for profit shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined.
Whoever opens a casino shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined.
Whoever organizes People's Republic of China (PRC) citizens to participate in gambling outside the country (territory), if the amount is huge or there are other serious circumstances, shall be punished in accordance with the provisions of the preceding paragraph? .
Whoever opens a casino shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.
Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Gambling Criminal Cases
Article 1 Whoever, for the purpose of making profits, has one of the following circumstances belongs to "gambling in groups" as stipulated in Article 303 of the Criminal Law:
(1) Organizing three or more people to gamble, and the total profit from tapping has reached more than 5,000 yuan;
(2) Organizing three or more people to gamble, and the amount of gambling funds reaches more than 50,000 yuan;
(3) Organizing more than 3 people to gamble, and the total number of participants in gambling reaches more than 20;
(4) Organizing 10 China citizens to gamble abroad, and collecting kickbacks and referral fees from them.
4. What should lawyers pay attention to when they participate in gambling?
(1) for qualification examination.
According to the Lawyers Law, a lawyer refers to a person who has obtained a lawyer's practice certificate according to law and provides legal services to the society. A person who has not obtained a lawyer's practice certificate shall not practice in the name of a lawyer, nor shall he engage in litigation agency or defense business for the purpose of seeking economic benefits. Therefore, when looking for a lawyer, the parties must examine the qualifications of the lawyer and see if they have a lawyer's practice license.
(2) Understand the organization
A law firm is a lawyer's practice organization. Please ask the lawyer to go to the law firm to know the practice organization where the lawyer is located. Because the Lawyers Law stipulates that if a lawyer practices illegally or causes losses to his client due to his fault, his law firm shall be liable for compensation.
(3) signing an agreement
When hiring a lawyer, a written agreement should be signed to clarify the rights and obligations of both parties. In particular, we should not take the cost of hiring a lawyer lightly. Be sure to make it clear how much the lawsuit will win or lose, and how much the first and second trials will cost respectively. We must make it clear in the agreement that we need a receipt when we pay.
(4) The authorization should be clear.
Some parties fill in the power of attorney when hiring a lawyer, but the scope of authorization is not clear. I think as long as I pay the lawyer, everything will be handled by the lawyer. Therefore, some parties do not appear in court at all, do not understand the progress of the case, and the results of handling the case are not clear. Who knows, due to the legal consequences of unclear authorization, the licensor is responsible.
(5) Pay carefully.