The criteria for filing a malicious overdraft credit card case are:

1. Using a counterfeit credit card, or using an invalid credit card, or using other people’s credit cards to commit fraudulent activities with an amount exceeding 5,000 yuan;< /p>

2. Anyone who maliciously overdrafts a credit card, with the amount exceeding 10,000 yuan, shall be prosecuted;

3. Overdraft exceeding the prescribed limit or within the prescribed period, and after two calls for collection by the card-issuing bank Failure to repay after more than three months;

4. Malicious overdraft, the amount is more than 10,000 yuan but less than 100,000 yuan, 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.

How to punish malicious overdraft of a credit card

1. Malicious overdraft of a credit card will violate the crime of credit card fraud and will be punished with a fixed-term imprisonment of not more than five years or criminal detention, and a fine of not less than 20,000 yuan or more than 200,000 yuan. A fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is extremely 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 a fine of 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, he shall be sentenced to a fixed-term imprisonment of not less than five years but not more than 10 years. Fixed-term imprisonment 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 a case of malicious overdraft of a credit card is filed with the public security organ and all the overdraft interest has been repaid before the judgment of the People's Court is pronounced, the person 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.

To sum up, those who use counterfeit credit cards, use invalid credit cards, or falsely use other people’s credit cards to conduct fraudulent activities with an amount of more than 5,000 yuan; those who maliciously overdraft a credit card with an amount of more than 10,000 yuan should be punished. File a case for prosecution.

Legal basis:

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

Article 196

There are the following In one of the 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 not less than five years and not more than 10 years of imprisonment. to a fixed-term imprisonment of not more than 10 years and a fine of 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 is to not less than 10 years in prison or life imprisonment and a fine of not less than 50,000 yuan but not more than 500,000 yuan. Fines or confiscation of property:

(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification;

(2) Using an expired credit card;< /p>

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