According to the law, if the amount of credit card debt exceeds 50,000 yuan and is not returned for more than 3 months after two collections by the card-issuing bank, it will constitute a crime of credit card fraud and you will be held criminally liable. Go to jail while still being civilly liable for repayment. If the overdue payment is due solely to poor cash flow and not due to personal malice, you will bear certain civil liability.

The specific identification criteria for the crime of credit card fraud are as follows:

1. For the purpose of illegal possession, the cardholder exceeds the prescribed limit or overdrafts within the prescribed period, and the card-issuing bank exceeds the limit after two collections. If the money is not returned within 3 months, it shall be deemed as a "malicious overdraft" and shall constitute the crime of credit card fraud. Whoever maliciously commits credit card fraud by overdrafting, and the amount is relatively large, shall be sentenced to fixed-term imprisonment of 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 less than five years but not more than 10 years. If the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be fixed-term imprisonment of not less than 10 years or life imprisonment and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or Confiscation of property

2. If any of the following circumstances occurs, it shall be deemed as "illegal possession for the purpose":

(1) A large amount of overdraft, knowing that there is no ability to repay, cannot be returned

(2) squandering the overdraft funds wantonly and unable to return them;

(3) escaping after overdraft, changing contact information, and evading bank collection;

(4) Escape and transfer funds, conceal property, and evade repayment;

(5) Use overdraft funds to carry out illegal and criminal activities;

(6) Other illegal activities The act of taking possession of funds and refusing to return them.

3. Malicious overdraft, if the amount is more than 10,000 yuan but less than 100,000 yuan, shall be deemed as a "large amount"; if the amount is more than 100,000 yuan but less than 1 million yuan, it shall be deemed as a "large amount" "Huge"; if the amount is more than 1 million yuan, it should be deemed as "extremely huge";

4. Malicious overdrafts should be investigated for criminal liability, but all repayments have been made after the public security organ files the case and before the People's Court pronounces its judgment. Those who overdraft with interest may be given a lighter punishment; if the circumstances are minor, the penalty may be waived. 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.

Legal basis:

"Criminal Law of the People's Republic of China"

Article 196 The crime of credit card fraud involves one of the following circumstances: Whoever commits credit card fraud and the amount is relatively large shall be sentenced to fixed-term imprisonment of 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 fixed-term imprisonment of not less than five years but 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 sentence shall be not less than 10 years of fixed-term imprisonment or life imprisonment, and also a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation. :

(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 other people’s credit cards;

(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.

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

"Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases Obstructing the Management of Credit Cards"

Article 6 The cardholder shall, for the purpose of illegal possession, exceed If an overdraft is made within a prescribed limit or within a specified period and is not repaid for more than three months after being called upon twice by the card-issuing bank, it shall be deemed a "malicious overdraft" as stipulated in Article 196 of the Criminal Law.

If any of the following circumstances occurs, it shall be deemed as “illegal possession for the purpose” as stipulated in the second paragraph of Article 196 of the Criminal Law:

(1) Knowingly not possessing A large amount of overdraft due to the ability to repay the loan cannot be returned;

(2) The overdraft funds are squandered wantonly and cannot be returned;

(3) Escape, change contact information, and escape after overdrafting Bank collection;

(4) Escape and transfer funds, conceal property, and evade repayment;

(5) Use overdraft funds to carry out illegal and criminal activities;

(6) Other behaviors of illegally possessing funds and refusing to return them.

A 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 If the amount exceeds 1 million yuan, it shall be deemed as a "huge amount" as stipulated in Article 196 of the Criminal Law; if the amount exceeds 1 million yuan, it shall be deemed as an "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.

Criminal liability should be pursued for malicious overdrafts, but if all the overdraft interest has been repaid after the public security organ files the case and before the people's court pronounces its judgment, the person may be given a lighter punishment. If the circumstances are minor, the penalty may be exempted. 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.