Under normal circumstances, bank arrears are civil disputes and do not need to bear criminal responsibility. Usually the bank will sue the debtor and apply to the court for enforcement. At the same time, there is a special situation, that is, credit card arrears may constitute credit card fraud. If the cardholder overdraws more than 6,543,800 yuan for the purpose of illegal possession, or overdraws within the prescribed time limit, and fails to return it for more than 3 months after being urged twice by the issuing bank, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law and suspected of credit card fraud.
How much the credit card owes will be prosecuted and imprisoned.
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. Credit card arrears exceeding 10000 yuan will be prosecuted and imprisoned.
Legal basis: Article 196 of the Criminal Law of People's Republic of China (PRC) commits credit card fraud under any of the following circumstances. If the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined not less than 20,000 yuan but not more than 200,000 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 50,000 yuan but not more than 500,000 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 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
Using forged credit cards, or using credit cards fraudulently obtained with false identification;
Use an invalid credit card;
Fraudulent use of other people's credit cards;
Malicious overdraft.
The term "malicious overdraft" as 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.
How much money you owe the bank will be prosecuted.
1, as long as the money is owed, the bank may sue, which is decided by the bank; 2. If the amount owed reaches 1 10,000 yuan or more, and it has not been returned for more than 3 months after being collected twice by the issuing bank, it shall be deemed as "malicious overdraft" in criminal law and suspected of credit card fraud; 3. The amount of malicious overdraft is large, and all overdraft interest has been repaid before the public security organ files the case. If the circumstances are obviously minor, criminal responsibility may not be investigated according to law. 4. Legal basis: Article 196 of the Criminal Law has one of the following circumstances, which constitutes the crime of credit card fraud and theft. If the amount is relatively large, he shall be sentenced to fixed-term imprisonment of 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; 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 50,000 yuan but not more than 500,000 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 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated: those who use forged credit cards; Use an invalid credit card; Fraudulent use of other people's credit cards; Malicious overdraft. The term "malicious overdraft" as 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. The Supreme People's Court, the Supreme People's Procuratorate.