Whether to go to jail or not should be comprehensively judged by combining the subjective and objective aspects of the borrower.

Crime includes subjective and objective aspects. The borrower owes 3, yuan and cannot return it, which objectively violates the crime of credit card fraud, but whether it constitutes a crime needs to be considered in combination with subjective aspects.

Article 196 of the Criminal Law stipulates that whoever commits credit card fraud in any of the following circumstances, if the amount is relatively large, 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; (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.

according to the above regulations, if the card issuing bank still refuses to return it after collection, it is regarded as malicious overdraft, that is, it is subjectively intentional. See if it reaches the sentencing plot.

Article 8 of the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management stipulates that a malicious overdraft with an amount of more than 5, yuan but less than 5, yuan shall be deemed as a "large amount" as stipulated in Article 196 of the Criminal Law.

to sum up, if the debt of 3, yuan is not returned after being collected by the bank, it constitutes the crime of credit card fraud and will bear criminal responsibility.

Extended information:

Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management

Article 6 If a cardholder overdraws beyond the prescribed limit or within the prescribed period for the purpose of illegal possession, and fails to return it for more than three months after two effective reminders by the issuing bank, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law.

for the purpose of illegal possession, we should make a judgment based on the credit history of the cardholder, repayment ability and willingness, the status of applying for and overdrawing credit cards, the use of overdraft funds, the performance after overdraft, the reasons for not repaying according to regulations and other circumstances. The purpose of illegal possession shall not be determined solely on the basis of the fact that the cardholder fails to repay the loan according to the regulations.

under any of the following circumstances, it shall be deemed as "for the purpose of illegal possession" as stipulated in the second paragraph of Article 196 of the Criminal Law, except that there is evidence to prove that the cardholder really does not have the purpose of illegal possession:

(1) knowing that he is unable to repay, he overdraws a lot and cannot return it;

(2) after applying for a credit card with a false credit certificate, it is overdrawn and cannot be returned;

(3) evading bank collection by means of hiding or changing contact information after overdraft;

(4) Evading or transferring funds, concealing property and evading repayment;

(5) using overdrawn funds for criminal activities;

(6) other cases of illegal possession of funds and refusal to return them.

Article 7 A collection that meets the following conditions at the same time shall be deemed as an "effective collection" as stipulated in Article 6 of this Interpretation:

(1) The collection shall be made after the overdraft exceeds the prescribed limit or the prescribed time limit;

(2) The collection shall be made in a way that can confirm the receipt of the cardholder, unless the cardholder intentionally evades the collection;

(3) The interval between two collections is at least 3 days;

(4) meeting the relevant provisions or agreements on collection.

whether it is an effective collection or not shall be judged according to the telephone recording, information delivery record, letter delivery receipt, e-mail delivery record, the signature of the cardholder or his family and other original evidence materials for collection provided by the issuing bank.

References:

Baidu Encyclopedia-Explanation of some legal issues concerning criminal cases that hinder credit card management