Malicious overdraft, the amount of which is more than 6,543.8+0,000 yuan but less than 6,543.8+0,000 yuan, shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 654.38+10,000 yuan and less than 1 10,000 yuan, it shall be deemed as "huge amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 6,543.8+0,000 yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law.
The amount of malicious overdraft refers to the amount that the cardholder refuses to return or has not returned under the conditions stipulated in the first paragraph. Does not include compound interest, late fees, handling fees and other fees charged by the issuing bank.
Malicious overdraft should be investigated for criminal responsibility. However, if all the overdraft interest has been repaid after the public security organ files the case but before the announcement of the judgment of the people's court, the punishment may be given a lighter punishment, and if the circumstances are minor, the punishment may be exempted. If the amount of malicious overdraft is large, and all overdraft interest has been repaid before the public security organ files a case, and the circumstances are obviously minor, criminal responsibility may not be investigated according to law.
Extended data
Conditions for "malicious overdraft" to constitute a crime
1. In the judicial interpretation, there are two restrictions on "malicious overdraft": first, the card-issuing bank makes two collections; Second, the arrears have not been paid for more than three months. This excludes the behavior of not returning on time because of not receiving the bank's dunning notice or other dunning documents. If the cardholder fails to receive the relevant notice or documents and fails to return them after a certain period of time, it does not belong to "malicious overdraft".
2. Because the crime of credit card fraud of "malicious overdraft" is a deliberate crime with the subjective purpose of illegal possession, it is a very important constituent element of this crime. "Illegal possession" is the main boundary between "malicious overdraft" and "goodwill overdraft". Only the overdraft for the purpose of illegal possession belongs to "malicious overdraft" and constitutes a crime.
In this judicial interpretation, "for the purpose of illegal possession", combined with judicial practice in recent years, listed six situations, such as knowing that it is impossible to repay and a large number of overdrafts are not repaid; Spending overdraft is not paid back; Concealing and changing communication methods after overdraft to avoid payment by financial institutions. These situations are all manifestations of "for the purpose of illegal possession".
3. The judicial interpretation clarifies the amount of "malicious overdraft", which refers to the money that has not been returned and has not been returned, excluding the late payment fee and compound interest charged by the issuing bank.
4. According to the criminal policy of combining leniency with severity, those who repay the overdraft interest before the court decides or the public security organ files a case will be given a lighter punishment or will not be investigated for criminal responsibility, so that the fraud of "malicious overdraft" will be investigated according to law, and at the same time, the legal warning and education function will be brought into play to minimize the criminal blow.
References:
Baidu Encyclopedia-Criteria for Judging Malicious Overdraft of Credit Cards