Provisions of the Supreme People's Court on the scope of criminal incidental civil action (adopted by the the Supreme People's Court Judicial Committee at its1148th meeting on February 4, 2000, No.47 [2000]);
According to the relevant provisions of Articles 36, 37 and 64 of the Criminal Law and Article 77 of the Criminal Procedure Law, the scope of criminal incidental civil action is as follows:
Article 2 The material losses suffered by a victim due to a criminal act refer to the actual losses and inevitable losses suffered by the victim due to a criminal act.
Article 3 If the people's court hears an incidental civil lawsuit according to law and finds that the defendant really has no property to execute, it shall make a ruling to suspend or terminate the execution.
Article 4 If the defendant compensates the victim for material losses, the people's court may consider it as a sentencing circumstance.
Article 5 If a criminal illegally occupies or disposes of a victim's property, thus causing material losses to the victim, the people's court shall recover it or order it to make restitution according to law. The people's court may consider the situation of recovery or restitution as a sentencing circumstance.
If the loss cannot be made up after recovery or restitution, the people's court may accept the case if the victim files a separate civil lawsuit with the civil court of the people's court.
Extended data:
If the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it for more than 3 months after being twice collected 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 196th of the Criminal Law:
(a) knowing that there is no repayment ability and a large amount of overdraft can not be returned;
(two) squandering overdraft funds, unable to return;
(3) Escaping after overdraft, changing contact information and avoiding bank collection;
(4) evading or transferring funds, concealing property or 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 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.
References:
Provisions of the Supreme People's Court on the scope of accepting cases in criminal incidental civil actions _ Baidu Encyclopedia
Interpretation of some problems about the specific application of law in criminal cases that hinder credit card management _ Baidu Encyclopedia