The perpetrator uses a forged credit card, a credit card fraudulently obtained with a false identity certificate, an invalid credit card or another person's credit card to engage in fraudulent activities, and the amount is more than 5,000 yuan, or the malicious overdraft amount is more than 50,000 yuan.
For some reason, if the borrower fails to pay back for a long time, or fabricates a lie or conceals the truth to defraud the money and materials, and cannot repay them at maturity, as long as there is no purpose of illegal possession, no profligacy, no breach of contract, no fraud or deception, and there is a real intention to repay them, it still belongs to a loan dispute and does not constitute a crime of fraud.
The public security organ may impose criminal detention on an active criminal or a major suspect. Detainees should be questioned within 24 hours after detention. A criminal suspect may hire a lawyer to provide him with legal advice, complaints and accusations after the first interrogation by the investigation organ or from the day when compulsory measures are taken. The entrusted lawyer has the right to know the charges charged by the criminal suspect from the investigation organ, and can meet the criminal suspect in custody and get information from the criminal suspect.
legal ground
Criminal law of the people's Republic of China
Article 196
Whoever commits credit card fraud in any of the following circumstances, if 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 ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;
(2) Using an invalid credit card;
(3) Fraudulent use of another person's credit card;
(4) malicious overdraft.
The term "malicious overdraft" as 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.
Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
Provisions on the standards for filing and prosecuting criminal cases under the jurisdiction of public security organs (II)
Article 49 _
Credit card fraud, suspected of one of the following circumstances, should be filed for prosecution:
(1) Using forged credit cards, credit cards fraudulently obtained by fraudulent use of false identification, invalid credit cards or fraudulent use of other people's credit cards for fraudulent activities, with an amount of more than 5,000 yuan;
(two) malicious overdraft, the amount of more than fifty thousand yuan.
The term "malicious overdraft" as mentioned in this article refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it for more than three months after being effectively collected by the issuing bank twice.
The amount of malicious overdraft refers to the actual overdraft principal amount that has not been returned when the public security organ files a criminal case, excluding interest, compound interest, late fees, handling fees and other fees charged by the issuing bank. The amount returned or paid shall be regarded as the return of the actual overdraft principal.
If the amount of malicious overdraft is more than 50,000 yuan but less than 500,000 yuan, it will be returned in full before public prosecution is initiated, or if there are other minor circumstances, public prosecution may not be initiated. However, except for those who have been punished for credit card fraud more than twice.