1. Reasons for freezing bank cards
During the criminal investigation process, Zhangjiajie police may find that a certain bank card is directly or indirectly related to a certain criminal case. In order to prevent the funds involved in the case from being transferred or concealed, the public security organs have the right to freeze the bank card in accordance with the law. In addition, when the public security organs believe that freezing bank cards is a necessary measure to protect the rights and interests of the parties, they can also take this action.
2. Freezing Procedures and Precautions
Before deciding to freeze a bank card, the public security organ shall investigate and collect evidence in accordance with the law to ensure that there are sufficient reasons to believe that the card is related to criminal activities. Once a freeze is decided, the public security organ will issue a freezing notice to the relevant bank and require the bank to assist in implementation. A frozen bank card will not be able to conduct any transactions, including deposits, withdrawals, transfers, etc. At the same time, the public security organs will promptly notify the cardholder or relevant parties that the bank card has been frozen, and explain the reasons and legal basis for the freezing.
Three. Protection of cardholders’ rights and interests
While the bank card is frozen, the cardholder or relevant parties have the right to raise objections to the public security organs and request the freezing to be lifted. After the public security organ receives the objection, it will review it and handle it accordingly. If upon review it is determined that the freezing is indeed erroneous or inappropriate, the public security organs will promptly lift the freezing and resume normal use of the bank card. In addition, cardholders or relevant parties can also protect their legitimate rights and interests through legal channels.
Fourth, cooperate with the investigation and unfreezing process
If the cardholder or relevant parties are notified by the public security organs to cooperate with the investigation, they should actively cooperate and truthfully provide relevant information and materials. After investigation, if it is confirmed that the bank card has nothing to do with criminal activities, the public security organs will unfreeze the card in accordance with the law and resume its normal use. At the same time, the bank will also unfreeze according to the notice of the public security agency.
In short:
The freezing of bank cards by the Zhangjiajie City Public Security Bureau is a measure taken in accordance with the law under specific circumstances, aiming to protect the rights and interests of the parties, prevent the loss of funds, and ensure the smooth progress of criminal investigations. . During the freezing process, the public security organs will notify the cardholder or relevant parties in accordance with the law to protect their legitimate rights and interests. Cardholders or relevant parties should actively cooperate with the investigation of the public security organs and cooperate with the unfreezing process based on the results of the investigation.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 144:
The People's Procuratorate and the public security organs shall investigate crimes based on If necessary, the criminal suspect's deposits, remittances, bonds, stocks, fund shares and other properties may be inquired and frozen in accordance with regulations. Relevant units and individuals should cooperate.
Procedural Regulations of the Public Security Bureau of the People's Republic of China in Handling Criminal Cases
Article 237 stipulates:
In order to ascertain the facts of the case, when necessary, investigators may allow Victims, witnesses or criminal suspects identify crime-related items, documents, bodies, places or criminal suspects.
Banking Supervision Law of the People's Republic of China
Article 41 stipulates:
When the banking regulatory agency conducts on-site inspections or investigations, it shall With the approval of the person in charge of the banking regulatory agency at or above the municipal level, the following measures may be taken against units and individuals suspected of illegal matters:
(1) Request relevant units or individuals to explain relevant situations;
(2) Check and copy relevant financial accounting, property rights registration and other documents and information;
(3) Documents and information that may be transferred, concealed, damaged or forged should be registered and preserved in advance.