How to calculate a credit card and how to identify it?

the crime of credit card refers to the act of using credit card to cheat a large amount of property for the purpose of illegal possession, in violation of credit card management regulations. The use of credit cards generally refers to the use of forged or invalid credit cards or fraudulent use of other people's credit cards or malicious overdraft. The crime of credit card is a kind of crime, and the relationship between the crime and the crime is the special law and the general law. In this crime, credit card is a tool of crime, not the object of crime. If the perpetrator uses a credit card as a criminal tool to carry out activities, he shall be convicted and punished for this crime according to the principle that the special law is superior to the general law. First, how can I be recognized as a credit card crime? 1, the object. The object of this crime is a complex object, that is, the management order of credit cards and the ownership of public and private property. 2. Objectively. The objective aspect of this crime is the behavior of the perpetrator using credit cards to defraud public and private property by fictional facts or concealing the truth. 3. The main aspect. According to the criminal law, the subject of this crime is a general subject and can only be composed of natural persons. 4. Subjective aspects. The subjective aspect of this crime is intentional, and it is direct intentional. Subjectively, the actor must also have the purpose of illegally possessing public and private property. Indirect intentional and negligent crimes cannot constitute this crime. It should be pointed out here that in all kinds of behaviors of credit card crime, the perpetrators have different criminal intentions because of their different behaviors. Article 196 of the Criminal Law commits credit card activities in any of the following circumstances, and if the amount is relatively large, it shall be sentenced to not more than five years or criminal detention, and shall also be fined not less than 2, yuan but not more than 2, yuan; If the amount is huge or there are other serious circumstances, it shall be sentenced to not less than five years but not more than ten years, and a fine of not less than 5, yuan but not more than 5, yuan shall be imposed; If the amount is especially huge or there are other particularly serious circumstances, it shall be sentenced to not less than 1 years or, in addition, a fine of not less than 5, yuan but not more than 5, 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) Fraudulent use of another person's credit card; (4) Malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the act that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and still refuses to return it after being urged by the issuing bank. Those who use credit cards simultaneously shall be convicted and punished in accordance with the provisions of Article 264 of this Law. Article 6 of the Interpretation of the Supreme People's Republic of China and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management stipulates that if a cardholder overdraws beyond the prescribed limit or within the prescribed time limit for the purpose of illegal possession, and fails to return it for more than 3 months after being repeatedly urged by the issuing bank, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law. In any of the following circumstances, it shall be deemed as "for the purpose of illegal possession" as stipulated in the second paragraph of Article 196 of the Criminal Law: (1) knowing that there is no repayment ability and a large amount of overdraft cannot be returned; (two) wantonly squandering overdraft funds, unable to return; (3) Escaping after overdraft, changing contact information and evading bank collection; (4) Evading or transferring funds, concealing property and evading repayment; (five) the use of overdraft funds for illegal and criminal activities; (six) other acts of illegal possession of funds and refusal to return them. Malicious overdraft, the amount of which is more than 1, yuan but less than 1, yuan, shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 1, yuan but less than 1 million yuan, it shall be deemed as "a huge amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 1 million 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. Criminal responsibility should be investigated for malicious overdraft. However, if all the overdraft interest has been repaid before the people's judgment is announced after the public security organ files the case, it can be given a lighter punishment, and if the circumstances are minor, it can be exempted from punishment. If the amount of malicious overdraft is large, and all the 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.

how to calculate the crime of credit card

a credit card must be a "large amount" to constitute a crime. "Large amount" is the main boundary of credit card crime. According to the provisions of the Ministry of Public Security of the Supreme People's Procuratorate on the standards for filing and prosecuting criminal cases under the jurisdiction of public security organs, the provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the standards for filing and prosecuting criminal cases under the jurisdiction of public security organs, which are suspected of one of the following circumstances, should be filed for prosecution: (1) using forged credit cards, or using credit cards fraudulently obtained with false identity certificates, or using invalid credit cards, or fraudulently using other people's credit cards to carry out activities. (two) malicious overdraft, the amount of more than 1 thousand yuan. The term "malicious overdraft" as mentioned in this article refers to 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 urged twice by the issuing bank. Malicious overdraft, the amount of which is more than 1, yuan but less than 1, yuan, has been repaid in full before the public security organ files the case. If the circumstances are obviously minor, criminal responsibility may not be investigated according to law.

how to define the crime of credit card

1. The perpetrator who commits a crime by using another person's credit card must subjectively have the purpose of defrauding other people's property. Only subjectively intentional and objectively fraudulent use of other people's credit cards can constitute this crime. 2. Distinguish between bona fide overdraft and malicious overdraft, and correctly identify the credit card crime of using credit cards for malicious overdraft. The essential difference between goodwill overdraft and malicious overdraft is that the actors have different subjective intentions. 3. If the following circumstances can prove that the perpetrator did not intentionally, it cannot be punished as a crime: I don't know if I used a forged or invalid credit card. Generally speaking, the use of forged and invalid credit cards can be presumed that the actor is subjectively intentional, because it should be clear whether the actor owns the credit card himself. Article 196 of the Criminal Law, whoever engages in credit card activities under any of the following circumstances, if 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 2, yuan but not more than 2, yuan; If the amount is huge or there are other serious circumstances, it shall be sentenced to not less than five years but not more than ten years, and a fine of not less than 5, yuan but not more than 5, yuan shall be imposed; If the amount is especially huge or there are other particularly serious circumstances, it shall be sentenced to not less than 1 years or, in addition, a fine of not less than 5, yuan but not more than 5, 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) Fraudulent use of another person's credit card; (4) Malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the act that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and still refuses to return it after being urged by the issuing bank. Those who use credit cards simultaneously shall be convicted and punished in accordance with the provisions of Article 264 of this Law.

let's stop talking about what constitutes a credit card.