What to do if your credit card is swiped for no apparent reason
Legal analysis: If your credit card is swiped, you may consider calling the police to let the police know about this illegal incident. However, the amount is small and there are certain standards for filing a case, so it is recommended to take precautions to prevent being defrauded again.
Legal basis: Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China. Anyone who 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 A fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed; if the amount is huge or there are other serious circumstances, the fine shall be not less than five years but not more than 10 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 If the circumstances are serious, he or she shall be sentenced to not less than 10 years in prison or 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 identity card to fraudulently obtain the credit card. Credit card;
(2) Using an expired credit card;
(3) Pretending to use another person’s credit card;
(4) Malicious overdraft.
The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank.
Anyone who uses credit cards concurrently shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
What to do if your credit card is stolen
1. Freeze. Call the customer service hotline to freeze your credit card and stop all transactions. 2. Call the police. If the police files a case, a receipt will be issued and the cardholder should keep it properly. 3. Obtain evidence. The purpose of swiping a card to make purchases, checking balances or withdrawing cash is to prove that the stolen card is indeed in the possession of the cardholder. If you are worried that you will not be able to collect evidence after the card is frozen, you can collect evidence first. 4. Appeal. Before the problem is solved, in theory, the cardholder needs to repay the loan normally, which can also avoid the impact on the credit report due to overdue payment. At the same time, the cardholder can contact the card-issuing bank to apply to cancel the fraudulent consumption, and the bank will give a reply within a certain working day. Article 266 of the Criminal Law: If the amount is relatively large, the person shall be sentenced to not less than three years, criminal detention or public surveillance, and may also be fined or solely; if the amount is huge or there are other serious circumstances, he shall be sentenced to not less than three years and not less than 10 years. If the amount is particularly huge or there are other particularly serious circumstances, the offender shall be sentenced to not less than ten years or shall also be fined or have property confiscated. If this law provides otherwise, the provisions shall prevail.
The standard for filing a case for credit card fraud
The standard for filing a case is generally between 1,000 yuan and more than 3,000 yuan, but the standards for filing a case for this behavior are also different in various provinces and cities. Stealing someone else's credit card is an act. The standard for filing a crime is between one thousand yuan and more than three thousand yuan. The standards for filing a crime are different in different provinces and cities. Article 264 of the "Criminal Law" stipulates that anyone who owns public or private property in a relatively large amount, or who breaks into a house multiple times, carries a weapon, or pickpockets shall be sentenced to not more than three years, criminal detention, or surveillance, and shall also or solely be fined; the amount shall be: If the amount is huge or there are other serious circumstances, he shall be sentenced to not less than three years and not more than ten years, and shall also be fined; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to not less than ten years or not, and shall also be fined or his property shall be confiscated. Article 196 of the "Criminal Law of the People's Republic of China": Credit card crimes include one of the following circumstances: if the amount is relatively large, credit card activities are carried out, he shall be sentenced to not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan and 200,000 yuan. If the amount is huge or there are other serious circumstances, the penalty 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 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; , and be subject to a fine of not less than 50,000 yuan but not more than 500,000 yuan or property confiscation: (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 other people’s credit cards; (4) Malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank. Anyone who uses a credit card at the same time shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
This concludes the introduction to what to do if your credit card is defrauded and what to do if your credit card is defrauded. Have you found the information you need?