1. The Supreme People's Court and the Supreme People's Procuratorate jointly issued the Interpretation on Several Issues Concerning the Specific Application of Laws in Criminal Cases of Impairment of Credit Card Management, claiming that the bank's two collections failed to be repaid in March were malicious overdrafts.

1. First, in the judicial interpretation, there are two restrictions on "malicious overdraft": first, the card-issuing bank has made two collections; Second, it has not been returned for more than three months.

2. Second, because the crime of "malicious overdraft" is a deliberate crime, it has the subjective purpose of illegal possession, which is a very important constituent element of this behavior.

3. Thirdly, this judicial interpretation clarifies the amount of "malicious overdraft", which refers to the money that has not been returned and has not yet been returned, excluding the fees charged by the issuing bank such as late fees and compound interest.

4. Fourth, according to the criminal policy of combining leniency with severity, those who repay the overdraft interest before the court makes a judgment or the public security organ files a case will be given a lighter punishment or will not be investigated for criminal responsibility. In this way, those fraudulent acts of "malicious overdraft" will be investigated according to law, and at the same time, the legal warning and education function will be exerted to minimize the criminal attack.

2. According to Article 196 of the Criminal Law of the People's Republic of China, "malicious overdraft" is a criminal act of credit card fraud.

1. article 266 of the criminal law defrauds public or private property in a relatively large amount, and 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 1 years or life imprisonment, and shall also be fined or confiscated.

2. Article 196 of the Criminal Law stipulates that if the amount of malicious overdraft is more than 1, yuan but less than 1, yuan, it shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 1, yuan but less than 1 million yuan, it shall be deemed as "a huge amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 1 million yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law.