After the bank reports the credit card to the police, the debtor should actively cooperate with the police investigation and repay the debt in a timely manner. Refusal to repay after collection is an act of malicious overdraft, and one will be held criminally responsible for malicious overdraft.

According to Article 9 of the "Interpretation on Several Issues Concerning the Specific Application of Laws in Criminal Cases Obstructing the Management of Credit Cards", the amount of malicious overdraft refers to the actual overdraft principal amount that has not been repaid when the criminal case is filed by the public security organ, excluding Interest, compound interest, late fees, handling fees and other fees charged by the card issuing bank. The amount returned or paid shall be deemed as the return of the actual overdraft principal.

When reviewing prosecutions and initiating public prosecutions, the procuratorial organs shall, based on the transaction details, classified bills (overdraft bills, repayment bills) and other evidence provided by the card-issuing bank, combined with the criminal suspect, defendant and their defenders The excuses, defense opinions and relevant evidence materials submitted shall be reviewed and determined to determine the amount of malicious overdraft;

If the amount of malicious overdraft is difficult to determine, it shall be reviewed and determined based on judicial accounting and audit reports, combined with other evidence materials. During the trial process, the people's court shall determine the amount of malicious overdraft based on verifying the authenticity of the above-mentioned evidence materials. Relevant evidence materials provided by the card-issuing bank should have the signature of bank staff and the official seal of the bank.

Extended information:

Article 196 of the "Criminal Law of the People's Republic of China" falls under any of the following circumstances: if the amount of credit card fraud is relatively large, Whoever commits a crime 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 in prison or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or confiscation of property:

(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 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.

Baidu Encyclopedia - Several issues regarding the specific application of law in criminal cases of obstructing credit card management