Will the credit card be sent to the reporting place if the credit card is chased online?
Yes.
If it constitutes a credit card crime and therefore needs to be transferred for trial and sentencing, it must be sent to the place where the police were called for trial.
If you maliciously fail to repay when due, not only will you be restricted from taking out a loan to buy a house or a car, but it will also be affected when you go abroad and find a job, and your spouse's credit may also be affected. The Criminal Law has this provision on credit card crimes: If an overdraft exceeds the prescribed limit or time limit, and the card issuer still fails to return the money after two calls for more than 3 months, it will be classified as a malicious overdraft. Malicious overdraft of more than RMB 10,000 and less than RMB 100,000 is deemed to be a relatively large amount and shall be punished with a sentence of not more than five years or criminal detention; if the amount is from RMB 100,000 to RMB 1,000,000, if the amount is huge, the person shall be sentenced to imprisonment of not less than 5 years but not more than 10 years.
What to do about credit card fugitives
To inquire about credit card fugitives, the inquirer needs to bring his ID card to the police station and ask for help from the staff. If the perpetrator commits a credit card crime and the amount is relatively large, he shall be sentenced to not more than five years or short-term imprisonment, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan.
Legal Basis
Article 196 of the "Criminal Law"
Whoever conducts credit card activities under any of the following circumstances and the amount is relatively large shall be punished with a fine of 5 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, the sentence shall be not less than five years but not more than 10 years, and also a fine of not less than 50,000 yuan but not more than 500,000 yuan; for special amounts If the amount is huge or there are other particularly serious circumstances, he or she shall be sentenced to not less than ten years or more, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or have property confiscated:
(1) Using a forged credit card, or using a false credit card (2) Using an expired credit card; (3) Pretending to use another person’s credit card;
(4) ) malicious overdraft.
How is the main criminal sentenced when the main criminal is at large?
When the main criminal is at large and the accomplice surrenders, he is usually sentenced after the main criminal is brought to justice. If the main criminal has not been brought to justice for one year, the existing accomplices should be given lighter or reduced punishments. or exempt from punishment. Anyone who commits this crime shall be sentenced to not more than five years or criminal detention; if the amount is huge, he shall be sentenced to not less than five years but not more than 10 years; if the amount is particularly huge, he shall be sentenced to not less than 10 years or criminal detention. Article 196 of the Criminal Law: Whoever engages in credit card activities under any of the following circumstances and 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 20,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other If the circumstances are serious, the sentence shall be not less than five years but not more than ten years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, the fine shall be not less than 5 years but not more than 10 years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan. A fine of not more than 10,000 yuan or confiscation of property: (1) Using a forged credit card, or using a credit card fraudulently obtained with false identification; (2) Using an expired credit card; (3) Pretending to use another person’s credit card; (4) Malicious overdraft.
Can a credit card holder surrender and repay the loan be sentenced to a suspended sentence
The "Interpretation" of "Two Highs and Highs" stipulates that: the cardholder exceeds the prescribed limit or overdrafts within the prescribed period for the purpose of illegal possession. , and the card-issuing bank still fails to repay it after two calls for more than 3 months, it should be deemed as a "malicious overdraft" of the credit card. Based on this definition, if the overdraft amount is more than 10,000 yuan and less than 100,000 yuan, the penalty is generally 3 years. If the overdraft amount is more than 100,000 yuan but less than 1 million yuan, the prison term will be 5 to 10 years; if the overdraft amount is more than 1 million yuan, the prison term will be more than 10 years.
Figures from the Municipal No. 1 Intermediate Court. It shows that since the defendants in such cases generally plead guilty and most of them have returned all or part of the stolen money before the first instance is pronounced, the proportion of such cases that are subject to non-custodial sentences such as probation reaches 63.9%.
" The standard for "repayment that has not been repaid more than three months after the bank has made a reminder for repayment" is that if the bank makes a demand for the defendant by any method such as phone calls or mailing bills, and receives valid confirmation from the defendant, the bank shall be deemed to have completed the payment. If the bank collects money from the defendant in one or more of these ways and is unable to contact the defendant, the bank should use all the contact information left by the defendant to contact the defendant in a reasonable manner. In this case, regardless of whether the bank has contacted the defendant or not, the bank shall be deemed to have completed an effective collection.
As for the sentencing standards, according to relevant regulations, the current standards are malicious overdrafts of 10,000 yuan to less than 100,000 yuan. If all overdraft interest has been repaid before the case is filed, criminal liability will not be pursued; the judgment will be announced after the case is filed. If all overdraft interest has been repaid beforehand, the penalty may be reduced or exempted or criminal liability may not be pursued.
This is the end of the introduction on how to deal with credit card evasion and whether you can apply for a credit card through evasion. I wonder if you have found the information you need?