According to Article 196 of the Criminal Law, credit card fraud is a criminal act and should bear criminal responsibility according to law.

Credit card fraud, 5,000 yuan as the filing standard.

If the bank directly brings a lawsuit to the court, and the court finds that it constitutes a crime after accepting it, it can be transferred to the public security organ for criminal responsibility.

The public security bureau may file a case for investigation.

Legal link: Article 196 of the Criminal Law stipulates that under any of the following circumstances, whoever defrauds a large amount of credit cards shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall 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 fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 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:

(1) Using a forged credit card;

(2) Using an invalid credit card;

(3) Fraudulent use of another person's credit card;

(4) malicious overdraft.

Decision of NPC Standing Committee on Punishing Crimes of Disrupting Financial Order Article 7 According to the provisions of Article 14 of the decision, fraudulent activities are carried out by using credit cards, and the amount is relatively large, which constitutes the crime of credit card fraud.

If the perpetrator commits the acts specified in items (1), (2) and (3) of the first paragraph of Article 14 of the Decision, the amount of fraud is more than 5,000 yuan, which is a "large amount"; If the amount of fraud is more than 50,000 yuan, it is a "huge amount"; If the amount of fraud is more than 200,000 yuan, it belongs to "the amount is extremely huge".

"Malicious overdraft" refers to the behavior that the cardholder evades tracing for the purpose of illegal possession, or knows that he is unable to repay, the overdraft amount greatly exceeds the amount allowed by the credit card, or fails to return it within 3 months from the date of receiving the dunning notice from the issuing bank. Malicious overdraft of more than 5,000 yuan is "a large amount"; Malicious overdraft of more than 50 thousand yuan belongs to "huge amount"; Malicious overdraft of more than 200,000 yuan belongs to "extremely huge amount"

If the cardholder pays the deposit in the bank, the amount of malicious overdraft shall be calculated according to the amount exceeding the deposit.