Current location - Trademark Inquiry Complete Network - Overdue credit card - The bank card has been detained for 7 days on suspicion of fraud. Can I get bail?
The bank card has been detained for 7 days on suspicion of fraud. Can I get bail?
Legal analysis: bail pending trial is a compulsory measure stipulated in China's criminal procedure law. It refers to a compulsory measure that the public security organs, people's procuratorates, people's courts and other judicial organs order criminal suspects and defendants who have not been arrested or need to change compulsory measures after being arrested to put forward a guarantor or pay a deposit, and issue a letter of guarantee to ensure that they can be used at any time to prevent them from evading investigation, prosecution and trial, and not to detain them or temporarily release them. According to the law, bail pending trial is generally a crime with less social harm, and bank card fraud involves greater social harm and will not be approved for bail pending trial.

Legal basis: Article 196 of the Criminal Procedure Law 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 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 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 his property shall be confiscated: (1) using a forged credit card; (2) Using an invalid credit card; (3) Fraudulent use of another person's credit card; (4) 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.

Article 67 of the Criminal Procedure Law: The people's courts, people's procuratorates and public security organs may obtain bail pending trial for a criminal suspect or defendant under any of the following circumstances: (1) Those who may be sentenced to public surveillance, criminal detention or independently apply supplementary punishment; (two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger; (3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her baby is released on bail pending trial, which will not cause social danger; (four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial. Bail pending trial and residential surveillance shall be carried out by public security organs.