The judicial freeze is not permanent, and the longest is no more than two years. Judicial freezing refers to a compulsory measure that the administrative organ issues a notice of assistance in execution to financial institutions or other units with savings business, prohibiting the administrative counterpart from withdrawing or transferring deposits or remittances in their accounts within a certain period of time. Different from administrative compulsory measures such as seizure and detention, freezing is not aimed at the general property of the counterpart, but at the deposit or remittance of the counterpart in financial institutions. On the one hand, freezing deposits and remittances is related to the credit evaluation of financial institutions to ensure the safety of customers' funds. On the other hand, freezing measures often involve a large amount of property, which directly affects the life, production, operation and other economic activities of citizens, legal persons and other organizations, and even affects the normal market economic order.
"Procedures for Handling Criminal Cases by Public Security Organs" Article 237 The public security organs may, according to the needs of investigating crimes, inquire about and freeze the deposits, remittances, securities trading settlement funds, futures deposits, other funds, bonds, stocks, fund shares and other investment rights and interests of criminal suspects, and may require relevant units and individuals to cooperate. The property specified in the preceding paragraph shall not be transferred, allocated or transferred or detained in disguised form by other means.
Measures to lift the judicial freeze
If the judicial freeze is to be lifted, it mainly depends on why the customer's account is frozen:
1. After the reason for freezing disappears (resolved), the parties concerned may apply to the court for lifting the freezing. After the court verifies that it is true, it will release the frozen account;
2. There is a time limit for judicial freezing of accounts. After reaching a certain period, you can apply for cancellation. The time limit for the people's court to freeze the bank deposits and other funds of the person subjected to execution shall not exceed six months, and may be extended for three months.
Legal basis:
Article 242nd of the Civil Procedure Law of People's Republic of China (PRC) * * * If the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people's court has the right to inquire about the deposits, bonds, stocks, fund shares and other properties of the person subjected to execution. From the relevant units. The people's court has the right to seal up, freeze, transfer or change the property of the person subjected to execution according to different circumstances. The property inquired, sealed up, frozen, transferred or changed in price by the people's court shall not exceed the scope of obligations that the person subjected to execution shall perform.
When the people's court decides to seal up, freeze, transfer or change the price of property, it shall make a ruling and issue a notice of assistance in execution, which the relevant units must handle.
Judicial freezing:
Property preservation or enforcement measures taken by the court at the request of the applicant after a civil dispute with other subjects is brought to the court/arbitration commission or the case enters the execution stage.
Freezing time: 1 year. After the expiration, the court may renew the seal at the request of the applicant.
Treatment method:
1. If it is sealed up during the litigation property preservation stage, it may apply to the court for counter-guarantee to cancel the account, or take the initiative to mediate/reconcile with the other party, and the other party may apply to the court for cancellation of the preservation measures.
2. If the case is sealed up in the execution stage, that is, the case has been decided by the court, it is recommended to actively perform the obligations according to the court decision.
Public safety freeze:
If the bank card is frozen by the police, it means that a transaction of the bank card will be more or less related to some illegal/criminal acts. In this case, it is necessary to immediately implement the freezing reason, and then collect the corresponding evidence materials, and handle them carefully to avoid unnecessary influence.
Bank card frozen by public security bureau in different places:
1. According to the prompt or consult customer service, confirm the reason why the bank card is frozen. The main reasons why bank cards are frozen in different places are as follows:
A. Having participated in online gambling, the running funds of bank cards are too large, the online gambling platform has been investigated, and the funds entering and leaving the platform have been locked;
B, online fraud or telecom fraud, bank cards directly or indirectly participate in capital transactions;
C, open an online gambling platform, and the bank card has a large amount of funds in and out;
D, suspected of illegal money laundering;
E, civil or criminal proceedings, court freezing;
F, although I didn't participate in illegal crimes, I may have more or less had money dealings with illegal bank cards and was frozen by the association.
Step 2 submit a complaint
Bank cards are frozen by the public security bureau in different places, usually for six months. If the case has not been solved for six months, the public security organ will apply for renewal. Users who want to apply for thawing need to take the initiative to contact the police, submit a complaint and relevant evidence to prove that they have no criminal facts.
Step 3 melt
After the complaint is submitted, it will be unfrozen if there is really no violation of laws and regulations.