if a credit card holder is put on file for investigation by the public security organ because his credit card is overdue, it may constitute the crime of credit card fraud. If the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it after being collected by the issuing bank; It may constitute credit card fraud. If the public security organ considers that it should be transferred to the procuratorate after investigation, the procuratorate will examine and prosecute, and if it decides to initiate a public prosecution, the court shall hear the referee according to law to determine whether the party concerned constitutes the crime of credit card fraud, and if so, it shall be sentenced to corresponding criminal punishment.

Legal basis

Article 196 of the Criminal Law of the People's Republic of China commits credit card fraud under any of the following circumstances. If the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 2, yuan but not more than 2, 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 5, yuan but not more than 5, yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined not less than 5, yuan but not more than 5, yuan, or his property shall be confiscated: (1) using a forged credit card or using a credit card fraudulently obtained with false identification; (2) using an invalid credit card; (3) Fraudulent use of another person's credit card; (4) Malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the act that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and still refuses to return it after being urged by the issuing bank. Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.