"Regulations of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2)", anyone who maliciously overdrafts a credit card with an amount of more than 10,000 yuan shall be filed for prosecution. The regulations point out that malicious overdraft refers to the cardholder's overdraft exceeding the prescribed limit or prescribed period for the purpose of illegal possession, and the card-issuing bank still fails to return the card for more than three months after being called upon twice. If the overdraft is malicious and the amount is more than 10,000 yuan but less than 100,000 yuan, all overdraft interest has been repaid before the public security organ files the case. If the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law. The regulations also make it clear that anyone who uses a forged credit card, or uses a credit card fraudulently obtained with false identification, or uses an expired credit card, or uses someone else's credit card to commit fraud, with the amount exceeding 5,000 yuan, shall be prosecuted.

Legal Basis

"Criminal Law of the People's Republic of China"

Article 196: Under any of the following circumstances, credit card fraud is committed If the amount involved is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less 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 one year and shall also be fined not less than 20,000 yuan but not more than 200,000 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 forged credit card, or using a credit card fraudulently obtained with false identity certificates;

(2) Using an expired 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.

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 264: Whoever steals public or private property in a relatively large amount, or commits multiple thefts, burglaries, thefts with weapons, or pickpocketing shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or control, and shall be concurrently or solely 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 particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of 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 fixed-term imprisonment of not less than ten years or more or Life imprisonment, and a fine or confiscation of property.