1. Being prosecuted for failing to repay credit cards is a civil dispute, and under normal circumstances, they will not go to jail;

2. According to the relevant laws and regulations, as long as the user's credit card is overdue for more than 3 months, and the bank has effectively collected the user for at least 2 times during the overdue period, the user still fails to repay the loan, which is a malicious overdraft, which may constitute the crime of credit card fraud and eventually lead to the consequences of imprisonment.

Legal basis: Article 196 of the Criminal Law of the People's Republic of China

Credit card fraud is committed under any of the following circumstances, and if the amount is relatively large, it 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: < P > (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 malicious overdraft mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank.

Theft Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.

What are the criteria for filing the crime of fraud

1. Whoever defrauds public or private property with a value of more than 3, yuan to 1, yuan, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined;

2. Whoever cheats public or private property with a value of more than 3, yuan to 1, yuan, if the amount is huge or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not less than three years but not more than 1 years, and shall also be fined;

3. whoever defrauds public or private property worth more than 5, yuan, if the amount is especially huge or there are other particularly serious circumstances, shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined or confiscated.