If someone steals another person's ID card to handle a credit card, they have to bear corresponding legal responsibilities, and the relevant provisions of Article 196 of the Criminal Law shall apply. Article 196 of the Criminal Law of the People's Republic of China commits credit card fraud under any of the following circumstances, and if the amount is 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 forged credit cards;

(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. 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 Theft

Whoever steals public or private property in a relatively large amount, or commits theft for many times, burglary with a weapon or pickpocketing shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall 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.

expanding information

subject of crime

The subject of the crime of infringing citizens' personal information is a special subject, which refers to the state organs or the financial, telecommunications, transportation, education, medical and other units themselves and their staff (natural persons).

State organs or financial, telecommunications, transportation, education, medical and other units themselves:

A. State organs refer to state power organs, administrative organs, judicial organs, military organs and enterprises and institutions authorized by law;

B, financial institutions refer to institutions and financial departments engaged in financial activities (commercial banks, policy banks, securities companies, property companies, insurance companies, trust and investment companies, rural credit cooperatives and other financial institutions);

C, the telecommunications unit refers to the telecommunications sector and its business organizations (China Mobile, China Unicom, China Telecom, China Satellite Communication and its business organizations);

D, transportation units refer to departments and units engaged in passenger and cargo transportation (railway bureaus, stations, companies, road transportation companies, water transportation companies, maritime transportation companies, air transportation companies and their business organizations at all levels);

E, educational institutions refer to schools or training institutions at all levels (private and public educational institutions; Youth activity centers, reading rooms, libraries and other educational institutions that undertake educational functions);

F, medical units refer to units and organizations that have obtained the Practice License of Medical Institutions through legal registration according to the Regulations on the Administration of Medical Institutions and the Detailed Rules for the Implementation of the Regulations on the Administration of Medical Institutions.

Baidu Encyclopedia-Crime of illegally obtaining citizens' personal information