Current location - Trademark Inquiry Complete Network - Overdue credit card - What is Article 196 of the Criminal Law?
What is Article 196 of the Criminal Law?

1. Article 196 of the "Criminal Law of the People's Republic of China" stipulates that those who engage in credit card fraud, generally with relatively large amounts, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined ; If the amount is huge, the person shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined; and if the amount is particularly huge, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or his property shall be confiscated. The interpretation of Article 196 of the Judicial Interpretation of the Criminal Law of the People's Republic of China and the People's Republic of China is a judicial interpretation of the crime of credit card fraud. It clarifies the specific amounts of relatively large amounts, huge amounts and particularly huge amounts in the crime of credit card fraud, and also explains the specific circumstances of "false use of other people's credit cards" in the Criminal Law.

2. How to prevent credit card fraud?

(1) Do not disclose personal information easily.

(2) Change your password at any time.

(3) Beware of phishing websites.

(4) Pay more attention to credit card dynamics.

(5) Pay attention to details when surfing the Internet.

(6) Be careful when withdrawing cash by swiping your card.

Therefore, Article 196 of the "Criminal Law of the People's Republic of China" provides for credit card fraud. The most serious sentencing circumstances for credit card fraud are fixed-term imprisonment of more than ten years or life imprisonment. If such activities as counterfeiting credit cards, using expired credit cards or malicious overdrafts in daily life reach a certain amount, it will be suspected of 5 credit card fraud and violates my country's Criminal Law.

Legal basis:

Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China, whoever commits credit card fraud in any of the following circumstances and the amount is large shall be sentenced to five years If the amount is huge or there are other serious circumstances, the sentence shall be 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 extremely huge or there are other particularly 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 his property shall be confiscated:

(1) Using forgery (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. 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. Article 193 of the Criminal Law will only open a case if the amount of fraud exceeds 20,000 yuan. Those who constitute the crime of loan fraud are generally sentenced to fixed-term imprisonment of not more than five years or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan. The subject of this crime is a general subject, which can be constituted by any natural person who has reached the age of criminal responsibility and has the ability to be criminally responsible. Units cannot be the subject of this crime.