From the open letter from Yiwu Public Security Bureau circulating on the Internet, why the freezing of card has intensified and unfreezing has become more difficult this year

Recently, a letter titled "A Letter to Public Security Organs Across the Country" signed by the Criminal Investigation Brigade of Yiwu Public Security Bureau has gone viral on the Internet.

The content starts with the frequent freezing of Yiwu business owners' bank accounts by public security organs across the country, and directly points to the "card-cutting operation" that started last year, calling on public security departments in various places to "reject excessive and selective law enforcement."

In fact, nearly a month ago, a photo of this open letter was leaked in a certain group, but because there was no official seal, its authenticity has been questioned.

Note: The picture is from the Internet

There are only two possibilities. The first possibility is that it is fake and someone used the name of Yiwu Criminal Squad. The second possibility is that it is real and was indeed written by Yiwu Criminal Squad.

The rumor has been circulated online for so long. If someone really dared to use the name of a judicial authority, the official should have issued a statement to clarify the matter. However, there has been no refutation until today, so the first possibility is no longer likely.

Excluding option 1, the second possibility is undoubtedly very high. Some people may ask, since it was written by the Yiwu Criminal Squad, why not stamp it with the official seal? I can only say that it cannot be stamped. The main reason is that in practice, the power of investigation is the greatest. In criminal cases, the whereabouts of funds are investigated. If there is stolen money entering, freezing the bank card is the most basic measure, and there is nothing wrong with it. (Jump: What is a frozen card? How to freeze a frozen card?)

So why write an unstamped letter?

The main reason is that this wave of card freezing has caused a huge impact. Many small and micro enterprises have fallen into operational difficulties and have appealed for rights protection. As a stopgap measure, a letter of "negotiation" nature was given to the freezing authority when the frozen merchants applied for unfreezing to see if other disposal methods could be adopted. Thus, a letter without an official seal, no one acknowledged it, but no one denied it, was spread. I think the Yiwu Criminal Squad did not want this letter to be spread through public channels, but there is no impenetrable wall in the Internet world.

Some people also questioned that the wording used in the article was not standardized, and the first word was "brother". Not to mention, all the police officers Huo Xiaolu knew called each other "brother", which was more intimate and a community. Since there was no official seal, there was no need to pay attention to whether it was written down. It was more practical to narrow the distance and conform to industry habits.

Of course, the above is just Huo Xiaolu's bold guess. Back to the point, regardless of the authenticity of this open letter, the content alone is sincere and pragmatic, and it also points out a series of negative effects of "freezing cards" in practice. No wonder it has attracted countless netizens with similar experiences (should be called "freezing friends") to give thumbs up.

Huo Xiaolu rarely mentions cases he has handled in his official account, mainly for the sake of protecting the privacy of the parties and the confidentiality of the cases. He has handled quite a few cases of freezing cards and aiding in the crime of credit card fraud. In summary, the success rate of unfreezing cards was basically above 90% in the past. Since last year, the success rate has dropped sharply, and at its lowest, it was even below 50%.

When unfreezing the files, most public security organs will require the parties to go in person to submit the materials. Many people go in person, while others entrust lawyers to go.

If you go there on your own, you may encounter the following three unexpected situations:

(1) The parties are required to provide the payee’s (upstream party’s) information and contact information and go together to make a statement; (2) In the name of “assisting the investigation and unfreezing the funds immediately”, the parties are deceived into handing in the materials in person. After arriving at the scene, a statement is made according to the standard procedure for “criminal suspects” and the parties are threatened with “criminal detention” and required to return all the “black money” on the spot; (3) After the statement is made, the parties are required to sign a “disciplinary letter” and be included in the “card-cutting operation” blacklist. They are not allowed to open a new card for 5 years. If they deposit “black money” in a similar way next time, they will be deemed to have known that it is black money…

The above three situations are more likely to occur in second- and third-tier cities and remote areas. In fact, most payees and payees are in different places for transactions. Payees are basically unable to provide the payer's complete identity information, and it is even more difficult to force the payer to go to the police station to make a record. Faced with the choice of "compulsory measures" or "refund", many parties are helpless and even collapse on the spot. They are unwilling to return the money and are afraid of being detained for three days. Whether to sign or not the "disciplinary letter" will affect the credit, will it be directly identified as a crime next time, and can it really be unfrozen immediately after signing? Full of questions... Many people are afraid of encountering such situations, so they entrust lawyers to deal with it.

In addition, more often than not, after submitting materials, the parties were unable to prove their innocence, and their cards were frozen continuously, and even continued to be frozen until the case was over, and the cards were deducted by the court. There were also many parties who were frozen in a queue. The police in place A had just unfrozen their cards, but before they could let go, they were immediately frozen by the police in place B. After checking, they found that there were still 5 or 6 people in the queue. Will they be unfrozen? Sigh.

From the perspective of the parties involved, the most ideal result is "all cards are unfrozen", the next best is "limited freeze", the next is "deduction and unfreezing", and the worst is "unlimited renewal". Most cards, apart from the amount involved in the case, basically have a balance. This balance has been frozen, which is also very worrying, and it is very likely that it is the life-saving money of the cardholder.

From the perspective of judicial organs, the task of combating crime is daunting. Since there is suspicion and stolen money is involved, the only way is to continue the investigation. Unless all reasonable doubts are eliminated or the innocence is completely proven, how can the interests of the victims be protected? The prerequisite for successfully recovering the stolen money is to freeze the bank card.

However, it is difficult to find a balance between the judicial process on one side and the rights and interests of the parties on the other, especially during the investigation stage. Different cases are handled in different ways. It is undeniable that there is a certain degree of discretion and luck in practice, and it is difficult to generalize. In the end, in a nutshell, respecting the judicial process, cracking down on crime, and protecting one's own legitimate rights and interests to the greatest extent.

Reference: China News Weekly report