Article 196 of the "Criminal Law of the People's Republic of China": The crime of credit card fraud falls into one of the following circumstances. If the amount of credit card fraud is relatively large, the person 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, the sentence shall be not less than five years but not more than 10 years in prison, and also a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is special If the crime is 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 shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated:
1. Using a counterfeit credit card, or Using a credit card fraudulently obtained with false identification;
2. Using an expired credit card;
3. Pretending to use another person’s credit card;
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.
The importance of law is as follows:
1. The law has a guiding role in human behavior. There are two forms of guidance on people's behavior: individual guidance and normative guidance;
2. As a code of conduct, law has the function of judging and measuring the legality of other people's behavior;
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3. The law has an educational effect on people’s behavior, which is reflected in the role of real scenes and demonstrations;
4. Through the law, people can predict in advance whether their own or other people’s behavior will be Is it legal or illegal, is it legally valid or invalid, what are the legal consequences, etc.;
5. The law can force people to abide by the law by sanctioning illegal and criminal acts;
6. The social role of law is the role that law enforcement, as a special social norm, plays in realizing the social purpose of class rule;
7. The social role of law generally includes two aspects: ideological and political functions, that is, safeguarding Class rule; the second is social functions, that is, performing social and public affairs.
The meaning of law is as follows:
1. The meaning of order of law. Law plays a major role in constructing social order, and the formation of law ensures human survival and social development. In modern society, the will of the state plays an important role in the formation of order, which depends on people's belief in their rational abilities;
2. The free meaning of law. The law provides individuals with the opportunity to choose. The law clarifies behavior patterns and allows perpetrators to choose a pattern that is beneficial to them. In addition, the law gives individual freedom the form of law and becomes legal rights, so that freedom is protected by the coercive power of the state. Finally, the law provides the prerequisite for the realization of universal freedom by delineating the boundaries of freedom. Even if the law restricts freedom, it is for everyone to better realize freedom;
3. The just meaning of the law. Justice is the ideal or value goal of the law. The law ensures justice by allocating rights and obligations, punishing violations and crimes, and compensating victims to restore justice;
4. The efficiency significance of the law. In contemporary times, the penetration of law into life is ubiquitous, which makes the efficiency of law even more important. While advocating a balance between equality and efficiency, the law ensures the realization of efficiency to the greatest extent;
5. The interest significance of the law. The law confirms interests, controls society by balancing conflicts, resolves social disputes, calms social contradictions, restores social normalcy, and promotes social development.
In summary, whoever commits credit card fraud with a relatively large amount 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 If the circumstances are serious, 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 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 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. A fine of not less than RMB 10,000 but not more than RMB 500,000 or property confiscation may be imposed.
Legal basis:
Article 196 of the Criminal Law of the People's Republic of China
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.