Legal analysis:

You will generally not go to jail if your credit card is not repaid. This is a civil dispute and can only be resolved through civil means. However, if the overdue amount of the credit card is large (principal of more than 5,000 yuan), and it is overdue for more than three months, and there is still no repayment after two bank collections, it is a malicious overdraft of the credit card, constituting the crime of credit card fraud, then it is necessary bear criminal liability. Anyone who engages in credit card fraud and is suspected of one of the following circumstances shall be prosecuted: (1) Using a forged credit card, or using a credit card fraudulently obtained with false identity certificates, or using an expired credit card, or fraudulently using another person’s credit card to commit fraud. Fraudulent activities, amounting to more than 5,000 yuan; (2) Malicious overdraft. If the amount of malicious overdraft is relatively large and the overdraft is fully returned before initiating public prosecution or there are other minor circumstances, prosecution may not be required; if the amount is fully returned before the first instance judgment or there are other minor circumstances, criminal punishment may be waived. However, those who have been punished more than twice for credit card fraud are excluded.

Legal basis:

Article 196 of the "Criminal Law of the People's Republic of China" Under any of the following circumstances, if credit card fraud is carried out and the amount is relatively large, Whoever commits a crime 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 10 years, and shall also be fined 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 sentence shall be not less than 10 years in prison or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation: (1) Using a counterfeit 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. 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 steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.

Derivative issues:

The filing standards for the crime of credit card fraud. The crime of credit card fraud refers to the use of credit cards to conduct fraudulent activities for the purpose of illegal possession, in violation of credit card management regulations, and to defraud a large amount of property. Behavior. The filing standards for this crime are as follows: (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.