Do you have to go to jail if you have an overdue credit card of RMB 50,000?
You do not have to go to jail if you have an overdue credit card of RMB 50,000.
If all 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.
The law stipulates that anyone who maliciously overdrafts in an amount of more than 50,000 yuan but less than 500,000 yuan shall be deemed to have a larger amount as stipulated in Article 196 of the Criminal Law, and shall be sentenced to not more than five years or criminal detention. , and shall be fined not less than 20,000 yuan but not more than 200,000 yuan. For those who did not overdraft maliciously, they may not be held criminally responsible.
"Provisions on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2)"
Article 54 [Credit Card Case (Article 196 of the Criminal Law)] Anyone who engages in credit card activities and is suspected of one of the following circumstances shall be prosecuted: (1) Using a forged credit card, or using a credit card fraudulently obtained with false identity certificates, or using an expired credit card, or fraudulently using another person’s credit card to carry out activities , the amount is more than 5,000 yuan; (2) malicious overdraft, the amount is more than 10,000 yuan. "Malicious overdraft" as stipulated in this article refers to the cardholder's overdraft exceeding the prescribed limit or prescribed period for the purpose of illegal possession, and the card-issuing bank still fails to return the amount for more than three months after being called upon twice by the card-issuing bank. If the overdraft is malicious and the amount is more than 10,000 yuan but less than 100,000 yuan, all overdraft interest has been repaid before the public security organ files the case. If the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law.
The role of credit cards:
It makes people’s lives easier and saves the trouble of carrying cash. There are no geographical restrictions on the use of credit cards. No matter when you swipe your card anywhere in the country, as long as you have UnionPay logos can be swiped, and there is no handling fee;
You can participate in various preferential and discount activities cooperated by merchants and banks;
Points obtained by swiping card purchases can be exchanged for gifts;< /p>
Timely repayment after swiping the card can improve personal bank credibility.
Uses of credit cards:
1. Shopping.
2. Microcredit.
3. Save money.
4. Save money when shopping.
5. Credit card value-added services, get cheap insurance and travel.
6. Credit certificate.
Disadvantages of credit cards:
Swiping a card is not like spending money one by one like paying with cash. Spending with a card can easily blur the cardholder's concept of money, leading to blind consumption;
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If the cardholder cannot repay on time, the bank will charge high interest;
Credit cards basically default to password-free payment, which makes it easy to be lost or stolen. Being stolen by others, causing unnecessary trouble or losses;
Long-term malicious debt will naturally affect your personal credit record and even be blacklisted by the bank. If you want to borrow money from the bank to buy a house or a car in the future, you will have to There is a possibility of being rejected by the bank.
Will you definitely go to jail if your credit card is overdue for more than 50,000 yuan?
If you owe more than 50,000 yuan on a credit card, you may go to jail if you don't pay it back. Specifically, if you want to go to jail, it must be a crime, that is, suspected of a credit card crime. The specific provisions of the law are mainly for credit card activities. If the amount is relatively large, you will be sentenced to not more than five years or criminal detention, and also to a fine of not less than 20,000 yuan. A fine of not more than 100,000 yuan. Therefore, if you owe more than 50,000 yuan and still fail to pay it back, you will need to be convicted and punished.
Article 196 of the "Criminal Law of the People's Republic of China" Whoever engages in credit card activities and the amount is relatively large shall be sentenced to not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not less than 200,000 yuan. If the amount of the following fines is huge or there are other serious circumstances, the fine shall be not less than five years but not more than ten years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan. If the fine is particularly huge or there are other particularly serious circumstances, the fine shall be not less than five years but not more than ten years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan. 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 a false identity certificate
(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 overdraft for the purpose of illegal possession,
exceeding the prescribed limit or within the prescribed period, and being urged by the card-issuing bank
< p>The act of not returning it after receiving it.Will you go to jail if you owe more than 50,000 on a credit card?
Legal analysis: If you owe more than 50,000 on a credit card, you will not go to jail or be subject to criminal penalties. If you owe money on a credit card, it does not belong to the civil economy, but going to jail is a violation of criminal law. The stipulated crimes are subject to criminal penalties according to law, so you will not go to jail if you owe more than 50,000 on a credit card. However, if the money owed to the credit card has not been repaid, the debtor may be included in the list of dishonest persons upon application by the creditor. Many behaviors will not be restricted, and it is recommended to pay off debts.
Legal basis: Article 3 of the "Criminal Law of the People's Republic of China" If the law expressly stipulates that the act is a crime, it shall be convicted and punished in accordance with the law; if the law does not expressly stipulate that the act is a crime, it shall not be convicted and punished.
Will I go to jail if my credit card debt exceeds NT$50,000?
(1) Using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate, or using an expired credit card, or falsely using another person’s credit card to carry out activities with an amount of more than 5,000 yuan; (2) Malicious overdraft, with the amount exceeding 50,000 yuan. Legal basis: Article 54 of the notice of the "Regulations of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2)" stipulates that if credit card activities are suspected of one of the following circumstances, a case shall be filed for prosecution : (1) Using a forged credit card, or using a credit card fraudulently obtained with false identification, or using an expired credit card, or falsely using another person's credit card to carry out activities with an amount of more than 5,000 yuan; (2) Malicious overdraft, The amount is more than 50,000 yuan. "Malicious overdraft" as stipulated in this article refers to the cardholder's overdraft exceeding the prescribed limit or prescribed period for the purpose of illegal possession, and the card-issuing bank still fails to return the amount for more than three months after being called upon twice by the card-issuing bank. If the amount of a malicious overdraft is between 50,000 yuan and less than 100,000 yuan, all the overdraft interest has been repaid before the public security organ files a case. If the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law.
Will I go to jail if I owe 50,000 on my credit card and I don’t pay back on time and I get called to collect?
I don’t necessarily have to go to jail if I owe 50,000 on my credit card and I don’t pay on time and I get called to collect. If it is just a general overdue payment and you can repay it on time after calling for collection, you will generally not be held criminally responsible; if it is a malicious overdraft, for the purpose of illegal possession, exceeding the prescribed limit or overdrafting within the prescribed period, and the card-issuing bank has twice If the item is not returned more than three months after collection, a case will be filed and criminal liability will be investigated, and you may be imprisoned. Anyone who maliciously overdrafts in an amount of more than 50,000 yuan but less than 500,000 yuan shall be sentenced to 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.
Legal Basis
Article 54 of "Provisions on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2)" [Credit Card Case (Article 196 of the Criminal Law) )] Carrying out credit card activities and suspected of any of the following circumstances shall be filed for prosecution:
(1) Using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate, or using an invalid credit card , or fraudulently use other people’s credit cards to carry out activities with an amount of more than 5,000 yuan;
(2) Malicious overdraft with an amount of more than 10,000 yuan.
The "malicious overdraft" stipulated in this article refers to the cardholder's overdraft exceeding the prescribed limit or prescribed period for the purpose of illegal possession, and the card-issuing bank still fails to return it for more than three months after being called upon twice. .
If there is a 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 if the circumstances are obviously minor, criminal liability may not be pursued according to law.
This is the end of the introduction about whether you will go to jail if you owe 50,000 on a credit card and your personal experience of going to jail if you owe more than 50,000 on a credit card. I wonder if you found the information you need?