How to deal with malicious overdrafts on credit cards

Malicious overdrafts on credit cards are very serious, and the consequences are usually the following four: 1. Credit card late fees. The so-called credit card late payment fee refers to the fee that the cardholder should pay to the card-issuing bank in accordance with regulations when the cardholder fails to pay the minimum payment amount before the due payment date (inclusive) or the repayment amount is insufficient. 2. Overdue interest. After a user uses a credit card to overdraft, there is generally an interest-free repayment period of 20 to 50 days. That is, as long as the cardholder fails to repay all overdraft fees within the specified period, the cardholder will no longer enjoy the bank's coverage for all expenses incurred last month. Interest-free treatment, the daily interest rate is as high as 50,000, which means the annual interest rate reaches 18%. 3. Bad credit record. Overdue repayments by credit card users will be recorded in bad credit records, and the basic database of personal credit information has been implemented nationwide. As long as individual residents apply for loans at banks, apply for credit cards or provide guarantees for others, they can find credit reports at any commercial bank in China. 4. Facing criminal proceedings. If a user fails to repay after two months of overdraft, the bank will call to remind the user to repay. If the loan is not repaid, the bank will ask a lawyer to send a lawyer's letter to the user. If the repayment is not made, the bank will report the case and be suspected of committing a credit card crime. Article 196 of the "Criminal Law of the People's Republic of China" 68 Whoever engages in credit card activities under one of the following circumstances and the amount is relatively large shall be sentenced to not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not less than 200,000 yuan If the amount is huge or there are other serious circumstances, the penalty shall be not less than five years but not more than ten years, and a fine of 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 fine shall be not less than five years but not more than ten years, or, and be fined not less than 50,000 yuan but not more than 500,000 yuan or have property confiscated: (1) Using a forged credit card, or using a credit card fraudulently obtained with false identification; (2) Using an invalid credit card; (3) Pretending to Using someone else'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 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 should I do if my credit card is maliciously overdrawn?

If your credit card is overdue, you need to pay attention to avoid criminal liability

After your credit card is overdue, you need to pay special attention to the risk of criminal liability to avoid the risk of criminal liability. Credit card crime.

Article 196 of the "Criminal Law" stipulates that:

Whoever maliciously overdrafts and engages in credit card activities, if the amount is relatively large, shall be sentenced to not more than five years or more. Criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan; the malicious overdraft mentioned in the preceding paragraph means that the cardholder overdrafts beyond the prescribed limit or within the prescribed period for the purpose of illegal possession, and fails to return the money after being called by the card-issuing bank.

In order to avoid committing a credit card crime, we need to know clearly how much amount and how long will it take to be considered a malicious overdraft?

We combine the judicial interpretation of "The Supreme Court" The People's Supreme People's Procuratorate's Interpretations on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Obstruction of Credit Card Management specifically analyze three questions: 1. How much amount will be considered a malicious overdraft?

< p>Article 8 of the Judicial Interpretation stipulates: Malicious overdraft, the amount of which is more than 50,000 yuan but less than 500,000 yuan, shall be deemed as a "relatively large amount" as stipulated in Article 196 of the Criminal Law;

Article 9 of the Judicial Interpretation stipulates: The amount of malicious overdraft refers to the actual overdraft principal amount that has not been repaid when the public security organ files a criminal case, excluding interest, compound interest, late payment fees, handling fees and other fees charged by the card-issuing bank for repayment or payment. The amount should be regarded as the return of the actual overdraft principal.

In simple terms, a malicious overdraft of more than 50,000 yuan on a credit card is suspected of a criminal offense.

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2. How long will it take to be considered a malicious overdraft?

Article 6 of the Judicial Interpretation stipulates that if a cardholder exceeds the prescribed limit or overdrafts within the prescribed period for the purpose of illegal possession, the card will be deemed to be overdrafted after the card is issued. If the bank fails to return the money more than three months after two effective collections, it shall be deemed as a "malicious overdraft" as stipulated in Article 196 of the Criminal Law.

Article 7 of the Judicial Interpretation stipulates: "Effective collections." "There needs to be at least thirty days between two collections.

So, with a simple calculation, after the credit card is overdue, there will be an interval of thirty days between two collections, plus three months after the collection, so this period will take at least 4 months.

To put it simply, if a credit card is returned within 4 months after it is overdue, it will not be considered a malicious overdraft. If the money is not returned for more than three months after two collections, it can be considered a malicious overdraft.

3. The bank has really reported the crime, what can you do?

Article 10 of the Judicial Interpretation stipulates that if the amount of malicious overdraft is relatively large and it is fully returned before the prosecution is initiated or there are other minor circumstances, it is not necessary; if the amount is fully returned before the first instance judgment or there are other minor circumstances, , can be exempted from criminal punishment. However, this does not apply to those who have been penalized more than twice on credit cards.

To put it simply, after the bank reports the crime, you can return it all as soon as possible, or you will be exempted from criminal penalties.

How to deal with malicious overdrafts on credit cards

Malicious overdrafts on credit cards will constitute a credit card crime. The penalty is to conduct credit card activities. If the amount is relatively large, a sentence of not more than five years or criminal detention, and a fine of 20,000 yuan. A fine of not less than 200,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, the sentence shall be not less than five years but not more than 10 years, and a fine of 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, a fine of not less than 50,000 yuan but not more than 500,000 yuan shall be imposed. More than ten years or more, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or have property confiscated. Legal basis: Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China. Anyone who engages in credit card activities under any of the following circumstances and the amount is relatively large shall be sentenced to not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan and 20 yuan. A fine of not more than 10,000 yuan; if the amount is huge or there are other serious circumstances, the sentence shall be not less than five years but not more than ten years, and a fine of 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 fine shall be not less than five years but not more than ten years. Alternatively, a fine of not less than RMB 50,000 but not more than RMB 500,000 or property confiscation may be imposed: (1) Using a forged credit card, or using a credit card obtained fraudulently with false identification; (2) Using an invalid credit card; (3) ) Pretending to use 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. 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.

That’s all for the introduction on how to deal with malicious credit card overdrafts.