Stealing credit cards is a crime. Article 264 If the amount of public or private property is relatively large or occurs repeatedly, it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined for not less than three years but not more than 10 years, and shall also be fined for not less than 10 years. In any of the following cases, the property shall also be confiscated: Whether it constitutes a crime depends on the specific amount. Interpretation of the Supreme People's and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management Article 5 (1) Picking up another person's credit card and using it; (two) using another person's credit card; (3) Stealing, buying, defrauding or obtaining other people's credit card information by other illegal means, and using it through the Internet, communication terminals, etc. ; (4) other fraudulent use of other people's credit cards. The amount of more than 5000 yuan constitutes a crime. Article 196 of the Criminal Law stipulates that anyone who engages in credit card activities in any of the following circumstances, if the amount is relatively large, 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, or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated. (2) Using an invalid credit card; (3) fraudulently using 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. 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.
Is it a crime to steal someone else's credit card without permission?
First, it is illegal to steal bank cards. Whether it constitutes a crime depends on the amount. If used together, it is suspected of committing a crime. (Note the last paragraph of Article 196 of the Criminal Law) A low amount can constitute a crime. If it is a forged credit card, or someone else's credit card is fraudulently used (for example, someone else's credit card is fraudulently used), it is suspected of a credit card crime (fraudulently using a credit card with an amount of 5,000 yuan constitutes a crime). 2. Article 196 of the Criminal Law stipulates that those who run credit cards concurrently shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
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Article 196th of the Criminal Law of People's Republic of China (PRC)
If one of the following circumstances constitutes a credit card crime, and 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 and 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 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 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. 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.
Excuse me, how many people can be sentenced for stealing someone else's credit card?
1. Stealing someone else's credit card is an act. The filing standard is 1000 yuan to 3,000 yuan, and the filing standard is different in different provinces and cities. Please refer to the standard of crime location.
2. Article 264 of the Criminal Law stipulates that public or private property, with a relatively large amount, or repeatedly entering the house, carrying a murder weapon or pickpocketing, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or 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 10 years and shall also be fined or confiscated.
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What do you mean by stealing credit cards?
Bank card theft means that the cardholder's bank card is impersonated by others to receive money. Bank card theft can be divided into the following three situations:
1, network theft: the relevant information of the user's bank card is stolen by others, and then the user's payment password is defrauded by various means, thus stealing funds;
2. Fake card swiping: When users use bank cards to shop, others swipe their cards with their card information and passwords, resulting in swiping;
3. Stealing credit card: the user's bank card was stolen or taken away by others, and the funds in the card were stolen.
How to deal with bank card theft;
1. After discovering the loss of funds, the cardholder needs to call the customer service phone of the bank in time to report the loss;
2. Cardholders can bring their ID cards to the bank to inquire about the time and place information of stolen swipes and consult the payee information. Cardholders can also go to the ATM to check the capital flow of bank cards.
3. Cardholders can report to the public security organs with ID cards, stolen bills and other evidence, and negotiate with banks or third-party payment institutions with the reported evidence.
According to the person in charge of the Second Criminal Court of the Supreme People's Court, the bank card theft transaction is divided into two types: fake card theft transaction and bank card network theft transaction. Article 15 of the Regulations defines two kinds of theft. The main difference between fake credit card transaction and online credit card transaction lies in whether others use forged bank cards for credit card transactions. Fake card stealing transaction emphasizes that others forge bank cards to swipe their cards for transactions; The characteristic of online credit card transaction is that credit card users do not use forged bank cards to swipe their cards. As for the burden of proof, Article 4 of the Regulations stipulates that if the cardholder claims that the disputed transaction is a fake card transaction or a fake card transaction on the Internet, he can provide valid legal documents, the location of the real card at the time of bank card transaction, trading places, account transaction details, transaction notice, alarm record, loss reporting record and other evidence materials to prove it. If the issuing bank or non-bank payment institution claims that the disputed transaction is the cardholder's own transaction or its authorized transaction, it shall bear the burden of proof.
What is the sentence for stealing credit cards?
Stealing a credit card may constitute a credit card crime, and the sentencing provisions are: 1. According to Article 196 of the Criminal Law, anyone who engages in credit card activities in any of the following circumstances, with a relatively large amount, 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 and 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 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. 2. According to the provisions of Article 264 of the Criminal Law: public or private property, which is relatively large, or repeatedly enters the house, carries a murder weapon or pickpockets, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or 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 10 years and shall also be fined or confiscated.
legal ground
Criminal law of the people's Republic of China
Article 196 Whoever engages in credit card activities under any of the following circumstances, with a relatively large amount, 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, fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;
(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.
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. "
What is the charge of stealing credit cards?
The act of swiping a credit card constitutes a crime or a credit card crime. 1. If used together, it is suspected of committing a crime. 2. If it is a forged credit card, or someone else's credit card is fraudulently used (for example, someone else's credit card is found and used), it is suspected of a credit card crime (fraudulently using a credit card with an amount of 5,000 yuan constitutes a crime). Interpretation of the Supreme People and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management Article 5 Article 196 of the Criminal Law of People's Republic of China (PRC) Article 264 of the Criminal Law of People's Republic of China (PRC)
The introduction of stealing other people's credit cards ends here.