The specific charges of swiping credit cards are as follows:
1. If swiping credit cards is stolen and used, it is suspected of theft;
2. If a credit card is forged or someone else's credit card is fraudulently used, it is suspected of credit card fraud.
The constitutive elements of theft are as follows:
1. Object elements; The object of theft is the ownership of public and private property; The object of infringement is the property of the state, the collective or the individual, generally referring to movable property, but the attachments on real estate can be separated from real estate, such as crops in fields, trees on mountains, doors and windows on buildings, etc., and can also be the object of theft;
2. objective requirements; Theft is objectively manifested in that the perpetrator has secretly stolen a large amount of public and private property, or has secretly stolen public and private property for many times; The so-called secret theft refers to the behavior of the actor taking away the property in secret by a method that he thinks is not discovered by the owner, custodian or handler of the property;
3. Main elements; The subject of theft is a general subject, which can be constituted by anyone who has reached the age of criminal responsibility and has the ability of criminal responsibility;
4. Subjective elements; Theft is subjectively manifested as direct intention and has the purpose of illegal possession.
The constitutive elements of the crime of credit card fraud are as follows:
1. The object of this crime is the credit card management system and the ownership of public and private property.
2. The objective aspect of this crime is that the perpetrator uses a credit card to defraud public and private property by fictional facts or concealing the truth.
3. The subject of this crime is a general subject, and a natural person can be the subject of this crime.
4. The subjective aspect of this crime is intentional, and it is direct intentional. Subjectively, the perpetrator must also have the purpose of illegally occupying public or private property. Indirect intentional and negligent crimes cannot constitute this crime. It should be pointed out here that in all kinds of behaviors of credit card fraud, the perpetrators have different criminal intentions because of their different behaviors.
to sum up, because stealing credit cards is convicted and sentenced according to theft, and the filing standards for theft stipulated by different places are different. After all, the economic development situation in different places is different, so the specific filing standards stipulated by local places shall prevail.
Legal basis:
Article 196 of the Criminal Law of the People's Republic of China
Credit card fraud is committed under any of the following circumstances. If 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 2, yuan but not more than 2, 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 5, yuan but not more than 5, yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined not less than 5, yuan but not more than 5, yuan, or his property shall be confiscated: < P > (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 malicious overdraft 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.
Theft Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.