Legal subjectivity:

According to the provisions of the Criminal Procedure Law, if a credit card is used for fraud, the victim can collect evidence related to the fraud, such as transfer records, consumption records, etc.; and then Report the case to the public security organ, let the public security organ intervene in the investigation, and hold the fraudster criminally responsible. Regarding the question of what to do if your credit card is defrauded, the editor will give you a detailed answer below. 1. What to do if a credit card is defrauded 1. If a credit card is defrauded, it can be handled in the following ways: (1) The victim can collect evidence related to the fraud, such as transfer records, consumption records, etc.; (2) The victim can submit If a crime is reported to the public security organ, the public security organ will intervene in the investigation, hold the fraudster criminally responsible, and recover the victim's losses. 2. Legal basis: Article 110 of the Criminal Procedure Law of the People's Republic of China. Any unit or individual who discovers criminal facts or criminal suspects has the right and obligation to report the case to the public security organ, the People's Procuratorate or the People's Court. Or report it. Victims have the right to report or accuse criminal facts or criminal suspects that infringe upon their personal or property rights to the public security organs, people's procuratorates or people's courts. The public security organs, people's procuratorates or people's courts shall accept reports, accusations and reports. For matters that are not within one's jurisdiction, the case shall be transferred to the competent authority for handling, and the reporter, accuser, and whistleblower shall be notified; for matters that are not within one's jurisdiction and emergency measures must be taken, emergency measures shall be taken first and then transferred to the competent authority. If the criminal surrenders to the public security organ, the People's Procuratorate or the People's Court, the provisions of paragraph 3 shall apply. 2. Performance of credit card fraud crimes 1. Using counterfeit credit cards. Counterfeit credit cards refer to credit cards that imitate the texture, pattern, section, pattern and magnetic stripe password of a credit card. The so-called use refers to the act of using a forged credit card to defraud other people's property for the purpose of illegally possessing other people's property. This includes using counterfeit credit cards to purchase goods, withdraw cash, and use counterfeit credit cards to receive various services. 2. The crime of using a voided credit card for illegal fund-raising. A voided credit card refers to an expired credit card that cannot continue to be used according to laws and relevant regulations, an invalid credit card, a credit card that has been declared invalid according to the law, and a card holder who stopped midway during the validity period of the credit card. Use and return credit cards to the issuing bank for the crime of illegal fund-raising, as well as credit cards that have become invalid due to loss reports. In addition, using an expired credit card also includes using an altered card. The so-called altered cards refer to invalid credit cards whose card numbers have been altered. These credit cards themselves were included in the stop-payment list due to reports of loss or cancellation due to illegal fund-raising crimes, but a certain number on the card was flattened and then a new number was added to avoid blacklist retrieval. Therefore, altered cards are also a type of counterfeit cards. 3. Fraudulent use of other people’s credit cards refers to the behavior of a non-cardholder using the cardholder’s credit card in the name of the cardholder to defraud property. According to my country's credit card regulations for the crime of illegal fund-raising and card fraud, credit cards are limited to the legal cardholder's personal use and may not be lent or transferred. This is also a principle generally followed by all countries. However, if the credit card and ID card are put together and lost during the crime of illegal fund-raising, it may create opportunities for the person who finds or steals them to use them fraudulently. After obtaining other people's credit cards, these losers or thieves may take advantage of the time lag in stop payment management before the cardholder notices the loss, and commit illegal fund-raising crimes by impersonating the card owner's identity and imitating the card owner's signature. Purchasing, withdrawing money or enjoying services from credit card merchants or banks are some of the common situations in which people fraudulently use other people’s credit cards to commit fraud. 4. Malicious overdraft Overdraft refers to the behavior of a customer who has set up an account with a bank and allows the customer to spend more than the funds on his account with the approval of the bank when the account has no funds or insufficient funds. An overdraft is essentially a bank lending money to a customer. The so-called malicious overdraft, according to the crime of illegal fund-raising and card fraud in Article 196, Paragraph 2, of the Criminal Law, refers to a credit card holder who overdrafts beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and has been collected by the card-issuing bank. Failure to return the money afterward. The essential difference between the crime of illegal fund-raising and the crime of good-faith overdraft and malicious overdraft lies in the subjective differences of the perpetrators.

Both objectively cause overdrafts, but the perpetrators of good-faith overdrafts have the subjective intention to use them first and pay back the overdrafts and interest at that time, while the perpetrators of malicious overdrafts overdraft are guilty of illegal fund-raising and will repay the overdrafts. They take it for themselves, do not want to repay it or are unable to repay it, and resort to absconding to avoid debt. According to the provisions of the Criminal Procedure Law, if a credit card is used to defraud the victim, the victim can collect evidence related to the fraud, such as transfer records, consumption records, etc.; and then report the case to the public security agency, allowing the public security agency to intervene in the investigation and hold the fraudster criminally responsible. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go online to consult a professional lawyer. The law is objective:

Article 266 of the "Criminal Law of the People's Republic of China" Whoever defrauds public or private property, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also be sentenced to or A fine alone; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and a fine; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and a fine. or confiscation of property. If this law provides otherwise, the provisions shall prevail.