Notice of the Ministry of Public Security on the Public Security's Prohibiting the Public Security from Intervening in Economic Disputes and Arresting People in Violation of Law (April 25, 1992), the public security cannot intervene in economic disputes such as contracts and debts. It is suggested to consult Articles 196 and 224 of the Criminal Law of the People's Republic of China * * * and Articles 196 and 224 of the Criminal Law of the People's Republic of China respectively:

Article 196 commits credit card fraud in any of the following circumstances, and if the amount is relatively large, it shall be sentenced to fixed-term imprisonment of 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, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 5, yuan but not more than 5, yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined not less than 5, yuan but not more than 5, yuan, or his property shall be confiscated: < P > (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 malicious overdraft mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank.

whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of article 264 of this law.

Article 224 Whoever, under any of the following circumstances, defrauds the other party of property for the purpose of illegal possession in the process of signing and performing a contract, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined or confiscated:

(1) signing a contract with a fictitious unit or using another person's name;

(2) using forged, altered or invalid bills or other false certificates of property rights as the guarantee;

(3) having no actual performance ability, tricking the other party into continuing to sign and perform the contract by performing the small contract first or partially;

(4) escaping after receiving the goods, payment, advance payment or secured property from the other party;

(5) defrauding the other party's property by other means. People's Republic of China * * and Article 224-1, Article 25

and Article 224 of the Criminal Law of the People's Republic of China, who, for the purpose of illegal possession, defraud the other party of property in the process of signing and performing a contract, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or shall only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined or confiscated:

(1) signing a contract with a fictitious unit or using another person's name;

(2) using forged, altered or invalid bills or other false certificates of property rights as the guarantee;

(3) having no actual performance ability, tricking the other party into continuing to sign and perform the contract by performing the small contract first or partially;

(4) escaping after receiving the goods, payment, advance payment or secured property from the other party;

(5) defrauding the other party's property by other means. Article 196 of the Criminal Law of the People's Republic of China

Article 196 of the Criminal Law of the People's Republic of China, if the amount of credit card fraud is relatively large, it shall be sentenced to fixed-term imprisonment of 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, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 5, yuan but not more than 5, yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined not less than 5, yuan but not more than 5, yuan or confiscated property. Judgments are pronounced in public. If a judgment is pronounced in court, it shall be served on the parties concerned and the people's procuratorate that initiated the public prosecution within five days;

If a judgment is pronounced regularly, it shall be served on the parties concerned and the people's procuratorate that initiated the public prosecution immediately after the announcement. The written judgment shall be served on both the defender and the agent ad litem.

Anyone who engages in credit card fraud and is suspected of one of the following circumstances shall be prosecuted:

1. Using forged credit cards, or using invalid credit cards, or fraudulently using other people's credit cards to engage in fraud activities, with an amount of more than 5, yuan;

2, malicious overdraft, the amount is more than 5, yuan. Article 18 A debt shall be paid off. If it is temporarily unable to repay, it may be repaid by the debtor in installments with the consent of the creditor or the ruling of the people's court. Those who have the ability to repay and refuse to repay shall be forced to repay by the people's court.

Related Regulations

the National People's Congress Standing Committee (NPCSC)'s Interpretation of Provisions on Credit Cards in the Criminal Law of the People's Republic of China

the Supreme People's Court's Interpretation of Several Issues Concerning the Specific Application of Laws in the Trial of Theft Cases

the Supreme People's Court's Interpretation of Several Issues Concerning the Specific Application of Laws in the Trial of Fraud Cases

the Supreme People's Procuratorate and the Ministry of Public Security's Interpretation of Economic and Social Affairs.