What is the judicial interpretation of credit card crime?
Legal analysis: The judicial interpretation of credit card is as follows: using forged credit cards, credit cards fraudulently obtained with false identity certificates, invalidated credit cards or fraudulent use If the amount of credit card activities carried out on someone else's credit card is more than 5,000 yuan but less than 50,000 yuan; and the amount of malicious overdraft is more than 50,000 yuan but less than 500,000 yuan, a case should be filed for prosecution.
The establishment of a crime requires the victim to make property disposition after falling into a wrong understanding. Property disposition includes the act of disposition and the intention of disposition. This requirement is made to distinguish between crimes and crimes. The disposal of property is expressed by directly delivering the property, or promising the perpetrator to obtain the property, or promising to transfer property interests. If the perpetrator commits a fraudulent act and causes others to give up their property, and the perpetrator picks up the property, he shall also be punished. However, the act of inserting a metal piece similar to a coin into a vending machine to obtain the goods in the vending machine does not constitute a crime, but can only be considered a crime.
Legal basis: Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China. Anyone who engages in credit card activities under any of the following circumstances and the amount is relatively large shall be sentenced to not more than five years or criminal detention, and A fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed; if the amount is huge or there are other serious circumstances, the fine shall be not less than five years but not more than 10 years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances If the circumstances are serious, he or she shall be sentenced to not less than 10 years in prison or fined not less than 50,000 yuan but not more than 500,000 yuan, or have property confiscated:
(1) Using a forged credit card, or using a false identity card to fraudulently obtain the credit card. Credit card;
(2) Using an expired credit card;
(3) Pretending to use another person’s credit card;
(4) Malicious overdraft.
The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank.
Anyone who uses credit cards concurrently shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
Judicial Interpretation of Credit Card Crimes
Legal Analysis:
According to the provisions of Article 196 of the Criminal Law of the People's Republic of China, credit cards are It is considered a crime: anyone who engages in credit card activities under any of the following circumstances and the amount is relatively large shall be sentenced to not more than five years or criminal detention and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, he shall be sentenced to not more than five years or criminal detention; if the amount is huge or there are other serious circumstances, he shall be sentenced to not more than five years or criminal detention; not less than 10 years and not more than 10 years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, the fine shall not be less than 10 years or more, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or confiscation. Property: (1) Using a counterfeit credit card; (2) Using an expired credit card; (3) Pretending to use another person’s credit card; (4) Malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank. Anyone who uses a credit card at the same time shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
Legal basis:
Judicial Interpretation of Article 54 of the Supreme People's Procuratorate and the Ministry of Public Security's "Regulations on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2)" [Credit Card Case (Criminal Law Article 196)] Anyone who engages in credit card activities and is suspected of any of the following circumstances shall be prosecuted: (1) Using a forged credit card, or using a credit card obtained fraudulently with false identification, or using an invalid credit card. (2) Malicious overdraft, with the amount exceeding 10,000 yuan. "Malicious overdraft" as stipulated in this article refers to the cardholder's overdraft exceeding the prescribed limit or prescribed period for the purpose of illegal possession, and the card-issuing bank still fails to return the amount for more than three months after being called upon twice by the card-issuing bank. If the overdraft is malicious and the amount is more than 10,000 yuan but less than 100,000 yuan, all overdraft interest has been repaid before the public security organ files the case. If the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law.
Article 4 of "Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases Obstructing the Management of Credit Cards" [2009] No. 19 requires credit card applicants to prepare and provide false credit certification materials such as property status, income, position, etc., which involves forgery, alteration, etc. Anyone who fabricates or trades official documents, certificates, or seals of state agencies, or involves forging the seals of companies, enterprises, institutions, or people's organizations, and who shall be held criminally responsible shall, in accordance with the provisions of Article 280 of the Criminal Law, be prosecuted for forgery, alteration, or trading respectively. The crimes of official documents, certificates, and seals of state agencies and the crime of forging the seals of companies, enterprises, institutions, and people's organizations shall be convicted and punished. Intermediary organizations or their personnel responsible for asset evaluation, capital verification, verification, accounting, auditing, legal services, etc. who provide credit card applicants with false credit certification materials such as property status, income, position, etc. shall be held criminally responsible. According to the provisions of Article 229, they will be convicted and punished for the crime of providing false certification documents and the crime of issuing materially inaccurate certification documents. Article 5 Whoever uses a forged credit card, a credit card fraudulently obtained with a false identity certificate, a voided credit card, or falsely uses another person's credit card to carry out credit card activities, and the amount is more than 5,000 yuan and less than 50,000 yuan, shall be deemed to be under Article 19 of the Criminal Law. A "large amount" as stipulated in Article 16; if the amount is more than 50,000 yuan but less than 500,000 yuan, it shall be deemed as a "huge amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 500,000 yuan, it shall be It was determined to be an "especially huge amount" stipulated in Article 196 of the Criminal Law. The term "false use of other people's credit cards" as mentioned in Item 3 of Article 196 of the Criminal Law includes the following situations: (1) finding other people's credit cards and using them; (2) defrauding other people's credit cards and using them; (2) defrauding other people's credit cards and using them; 3) Stealing, bribing, defrauding or obtaining other people's credit card information through other illegal means and using it through the Internet, communication terminals, etc.; (4) Other situations of fraudulently using other people's credit cards. Article 6 If a cardholder exceeds the prescribed limit or overdrafts within the prescribed period for the purpose of illegal possession, and fails to return the card for more than 3 months after being called upon twice by the issuing bank, it shall be deemed to be a crime stipulated in Article 196 of the Criminal Law. "Malicious overdraft". Any one of the following circumstances shall be deemed as "illegal possession for the purpose" as stipulated in the second paragraph of Article 196 of the Criminal Law: (1) A large amount of overdraft, knowing that one has no ability to repay, cannot be repaid; (2) Wantlessly squandering overdrafted funds that cannot be returned; (3) escaping after overdrafting, changing contact information, and evading bank collection; (4) fleeing and transferring funds, hiding property, and evading repayment; (5) using overdrafted funds to conduct Illegal and criminal activities; (6) Other behaviors of illegally possessing funds and refusing to return them. Malicious overdraft, if the amount is more than 10,000 yuan but less than 100,000 yuan, shall be deemed as a "relatively large amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 100,000 yuan but less than 1 million yuan, it shall be deemed as a "large amount" under the Criminal Law. "Huge amount" as stipulated in Article 196; if the amount is more than 1 million yuan, it shall be deemed as "especially huge amount" as stipulated in Article 196 of the Criminal Law. The amount of malicious overdraft refers to the amount that the cardholder refuses to return or the amount that has not yet been returned under the conditions specified in the first paragraph. Excludes compound interest, late fees, handling fees and other fees charged by the card-issuing bank. Malicious overdrafts should be investigated for criminal liability, but if all overdrafts and interests have been repaid after the public security organ files the case and before the people's judgment is pronounced, they may be given a lighter punishment. If the circumstances are minor, they may be exempted from punishment. If the malicious overdraft amount is relatively large and all the overdraft interest has been repaid before the public security organ files the case, and the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law. The Interpretation of the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases Using Credit Cards (No. 11 of the Supreme People's Procuratorate [1995] on April 20, 1995). In order to punish criminal activities that use credit cards to defraud property in accordance with the law, we will now handle such cases The specific applicable laws in the case are explained as follows: 1. Anyone who applies for a credit card at a bank by forging or fraudulently using identity cards or business licenses, or defrauding property by forging, altering, or fraudulently using a credit card, if the amount is relatively large, shall be prosecuted. criminal responsibility.
2. If an individual uses a credit card to maliciously overdraft for the purpose of illegal possession, or knowing that he is unable to repay, and defrauds property worth more than 5,000 yuan, and evades investigation, or if the bank has issued a repayment reminder and has not returned it for more than three months, he will be prosecuted as a criminal offender. responsibility. If the cardholder pays a deposit at the bank, the amount of the malicious overdraft will be calculated as the amount exceeding the deposit. 3. If the perpetrator's malicious overdraft constitutes a crime, and if all the overdraft interest has been returned before the People's Procuratorate after the incident, he may be given a lighter or reduced punishment or be exempted from criminal liability. 4. Bank staff who commit the above-mentioned criminal acts shall be severely punished in accordance with the law. The Supreme People's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Cases (Fafa [1996] No. 32, December 16, 1996) (Expired) 6. In accordance with the provisions of Article 13 of the "Decision", the use of letters of credit for activities , constitutes a letter of credit crime. If the amount of an individual letter of credit is more than 100,000 yuan, it is classified as "huge amount"; if the amount of an individual letter of credit is more than 500,000 yuan, it is classified as "especially huge amount." If the amount of the letter of credit issued by the unit is more than 500,000 yuan, it is classified as "huge amount"; if the amount of the unit's letter of credit is more than 2.5 million yuan, it is classified as "extremely huge amount." "Regulations of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Prosecution of Cases" (Expired) 46. Credit Card Case (Article 196 of the Criminal Law) Anyone who conducts credit card activities and is suspected of one of the following circumstances shall be prosecuted: 1. Use of counterfeit Credit cards, or using invalid credit cards, or falsely using other people’s credit cards to carry out activities, the amount is more than 5,000 yuan; 2. Malicious overdraft, the amount is more than 5,000 yuan.
What is a judicial interpretation of a credit card?
The judicial interpretation of a credit card is as follows: using forged credit cards, fraudulently obtaining credit cards with false identity documents, invalidated credit cards, or fraudulently using other people’s credit cards to conduct credit card transactions. If the amount of the activity is more than 5,000 yuan but less than 50,000 yuan; if the amount of malicious overdraft is more than 50,000 yuan but less than 500,000 yuan, a case should be filed for prosecution.
Legal Basis
Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China: The crime of credit card falls under one of the following circumstances: if the amount is relatively large when conducting credit card activities, If the amount is huge or there are other serious circumstances, the sentence shall be not less than five years but not more than ten years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; If the amount is particularly huge or there are other particularly serious circumstances, a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation shall be imposed: (2) Using an expired credit card; (3) Pretending to use another person’s credit card; (4) Malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank. Anyone who commits a crime and uses a credit card shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
What is the legal interpretation of the Supreme Court on credit cards?
The legal interpretation of the Supreme Court on credit cards: 1. Forging or fraudulent use of identity cards and business licenses to apply for credit cards at banks Or defraud property by means of forgery, alteration, fraudulent use of credit cards, etc. If the amount is relatively large, criminal liability will be investigated. 2. If an individual uses a credit card to maliciously overdraft for the purpose of illegal possession, or knowing that he is unable to repay, and defrauds property worth more than 5,000 yuan, and evades investigation, or if the bank has issued a repayment reminder and has not returned it for more than three months, he will be prosecuted for criminal offences. responsibility. 3. If the perpetrator's malicious overdraft constitutes a crime, and if he has returned all the overdraft interest before the People's Procuratorate after the incident, he may be given a lighter or reduced punishment or be exempted from criminal liability.
Article 196 of the "Criminal Law": Whoever engages in credit card activities under any of the following circumstances and the amount is relatively large shall be sentenced to not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; if the amount is huge or there is For other serious circumstances, the sentence shall be not less than five years but not more than 10 years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, the fine shall be not less than 5 years but not more than 10 years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan. Fines of up to 100,000 yuan or confiscation of property: (1) Using a forged credit card, or using a credit card fraudulently obtained with false identification; (2) Using an invalid credit card; (3) Pretending to use another person’s credit card; (4) ) Malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank. Anyone who uses a credit card at the same time shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
This concludes the introduction to the Judicial Interpretation of Credit Card Crimes and the 2019 Judicial Interpretation and Filing Standards for Credit Card Crimes. I wonder if you found the information you need?