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How many credit card debts will be prosecuted now, and how many credit card debts will be prosecuted. What is the filing standard?
Will credit card arrears go to jail? How much will be sued for arrears? According to "Provisions of the Supreme People's Procuratorate and Ministry of Public Security on the Standards for Public Security Organs to Jurisdicte Criminal Cases for Filing and Prosecution (II)", if the amount of malicious overdraft credit card is more than 10,000 yuan, it should be filed for prosecution. How many credit card arrears will be prosecuted? China's "Criminal Law" stipulates that cardholders who overdraw beyond the prescribed time limit and fail to return after being collected by the issuing bank, cardholders who use forged credit cards, etc. , the amount is relatively large, can be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and impose a fine of not less than 20 thousand yuan but not more than 200 thousand yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property. According to "Provisions of the Supreme People's Procuratorate and Ministry of Public Security on the Standards for Public Security Organs to Jurisdicte Criminal Cases for Filing and Prosecution (II)", if the amount of malicious overdraft credit card is more than 10,000 yuan, it should be filed for prosecution. "Malicious overdraft" refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and has not returned it for more than three months after being collected twice by the issuing bank. Malicious overdraft, the amount of which is more than 1 10,000 yuan but less than110,000 yuan, has been fully repaid before the public security organ files a case. If the circumstances are obviously minor, criminal responsibility may not be investigated according to law. Legal Experience Editor's Tip: When the cardholder overdraws beyond the prescribed time limit and is not returned after being collected twice by the issuing bank for more than three months, it constitutes the crime of credit card fraud, and the bank has the right to jointly sue the cardholder with the local judicial authorities. When the cardholder fails to repay the minimum repayment amount within the specified time, an overdue record will be generated. If the cardholder has overdue records for more than 90 days, it will be considered as a bad credit record, and it will be difficult to handle other credit businesses such as mortgage and car loan in this bank. Relevant laws and regulations: Article 54 of the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards of Public Security Organs' Jurisdiction over Criminal Cases: [Credit Card Fraud (Article 196 of the Criminal Law)] Anyone suspected of credit card fraud shall be filed for prosecution: (1) Using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate, or using an invalid credit card, or using someone else's credit card fraudulently. (2) Malicious overdraft, the amount of which is more than 1 10,000 yuan. The term "malicious overdraft" as mentioned in this article refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and has not returned it for more than three months after being repeatedly urged by the issuing bank. Malicious overdraft, the amount of which is more than 1 10,000 yuan but less than110,000 yuan, has been fully repaid before the public security organ files a case. If the circumstances are obviously minor, criminal responsibility may not be investigated according to law. Will you be sentenced for maliciously overdrawing your credit card? What if the credit card is stolen?