I freezing procedures and conditions
Before deciding to freeze the bank card, the Criminal Investigation Brigade must consider that the card is directly related to the criminal case under investigation on the basis of sufficient evidence and reasonable suspicion. The freezing procedure should follow the legal provisions to ensure that it will not infringe upon the legitimate rights and interests of cardholders.
The freezing notice is generally sent directly to the bank by the Criminal Investigation Brigade, asking the bank to assist in implementing the freezing measures. After receiving the notice, the bank will immediately freeze the card and suspend all its trading activities until the Criminal Investigation Brigade lifts the freeze or the court makes a relevant ruling.
Second, the protection of the rights and interests of cardholders.
During the period when the bank card is frozen, the cardholder may face the dilemma of not being able to use the funds normally. However, the law also provides measures to protect the rights and interests of cardholders. Cardholders can ask the Criminal Investigation Brigade or the bank about the reasons for freezing, and provide relevant evidence to prove their innocence.
If the cardholder thinks that the freezing measures are improper or infringe upon his legitimate rights and interests, he may complain to the relevant departments or bring a lawsuit. In this process, cardholders should keep relevant evidence in order to safeguard their rights and interests.
Three. Thawing procedure
When the Criminal Investigation Brigade completes the case investigation and thinks that the bank card no longer needs to be frozen, it will issue a notice of unfreezing to the bank. After receiving the notice, the bank will lift the freezing measures for the card and resume its normal trading function.
In addition, if the cardholder successfully proves his innocence in the process of appeal or litigation, the relevant departments will also lift the freeze on bank cards in time.
To sum up:
The freezing of bank cards by Criminal Investigation Brigade is a legal measure taken in criminal case investigation, aiming at ensuring the smooth progress of case investigation. In the process of freezing, the legitimate rights and interests of cardholders should be protected. When the investigation is completed or the cardholder successfully proves his innocence, the relevant departments will promptly lift the freeze on the bank card.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 144 stipulates:
People's procuratorates and public security organs may, according to the needs of investigating crimes, inquire about and freeze the criminal suspect's deposits, remittances, securities trading settlement funds, futures deposits and other funds, bonds, stocks, fund shares and other securities, equity, policy rights and other investment rights and interests, and may require the relevant units and individuals to cooperate.
Banking Supervision Law of the People's Republic of China
Article 4 1 stipulates that:
When the banking supervision institution conducts on-site inspection or investigation and evidence collection, with the approval of the person in charge of the banking supervision institution at or above the municipal level, it may take the following measures against the units and individuals suspected of violating the law:
(a) require the relevant units or individuals to explain the relevant situation;
(two) to consult and copy the relevant financial accounting, property registration and other documents and materials;
(3) Documents and materials that may be transferred, concealed, damaged or forged shall be registered and kept in advance.