The standard for credit card filing

The standard for credit card filing is 5,000 yuan. If 50,000 is a huge amount, it should be sentenced to not less than five years but not more than ten years, and also to a fine of not less than 50,000 yuan. A fine of less than 100,000 yuan will be imposed and corresponding criminal liability will be pursued in accordance with the law.

The filing criteria for the crime of credit card overdraft

The filing criteria for the crime of malicious credit card overdraft are as follows:

1. The amount of malicious overdraft on a credit card is more than 50,000 yuan. The crime of credit card refers to For the purpose of illegal possession, in violation of credit card management regulations, using credit cards to carry out activities and defraud a large amount of property;

2. The cardholder maliciously overdrafts the credit card for more than 10,000 yuan for the purpose of illegal possession. , and if the card-issuing bank still fails to return it after two collections for more than three months, it will be investigated for criminal liability for credit card crimes.

Legal basis: Article 196 of the "Criminal Law of the People's Republic of China"

Credit card crimes include one of the following circumstances: conducting credit card activities with a relatively large amount , shall be sentenced to 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, the sentence shall be not less than five years but not more than 10 years, and shall also be fined 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, he shall be sentenced to not less than 10 years in prison or fined not less than 50,000 yuan but not more than 500,000 yuan, or his property may be confiscated:

(1) Using a counterfeit credit card, or Using a credit card fraudulently obtained with false identification;

(2) Using an expired credit card;

(3) Pretending to use another person’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 commits a crime and uses a credit card shall be convicted and punished in accordance with the provisions of Article 264 of this Law.

2. If the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law;

3. For credit card activities involving relatively large amounts, the offender shall be sentenced to less than five years or criminal detention.

Credit Card Filing Standards

(1) Criteria for Filing Cases: According to the provisions of the Supreme People's Procuratorate and the Ministry of Public Security's "Provisions on Case Prosecution Standards", credit card activities are suspected of the following circumstances 1. Those who use counterfeit credit cards, use invalid credit cards, or falsely use other people’s credit cards for activities with an amount of more than 5,000 yuan; 2. Those who make malicious overdrafts with an amount of more than 5,000 yuan. There are mainly three situations here: 1. If a counterfeit credit card is used and the cumulative amount reaches more than 5,000 yuan, a case should be filed. So-called "fake credit cards." It refers to a counterfeit credit card that imitates the style, pattern, and color of a credit card and is illegally manufactured by printing, drawing, photocopying, or other methods to pass it off as a real credit card. The so-called "use". It refers to the act of using counterfeit credit cards to defraud other people’s property for the purpose of illegally possessing other people’s property, including using counterfeit credit cards to purchase goods, withdrawing cash, and using counterfeit credit cards to accept various services such as credit card payment and settlement. 2. If a canceled credit card is used and the cumulative amount reaches more than 5,000 yuan, a case should be filed. The so-called "voided credit card" refers to expired credit cards that can no longer be used according to laws and relevant regulations, invalid credit cards, letters of credit that have been declared invalid according to law, and cardholders who have stopped using the credit cards midway during the validity period and handed them over. Return the credit card to the issuing bank. 3. Pretending to use someone else’s credit card. If the cumulative amount reaches more than 5,000 yuan, a case shall be filed. According to my country's relevant credit card regulations, credit cards are limited to the legal cardholder's personal use and may not be lent or transferred. The so-called "impersonation" refers to the act of illegally using other people's credit cards as the cardholder to defraud public and private property.

For this crime, item 2 of the filing standards stipulates that "anyone who maliciously overdrafts in an amount of more than 5,000 yuan" should be filed for investigation. The Supreme People's Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Cases has provided a judicial interpretation of "malicious overdraft", which means that the cardholder overdrafts for the purpose of illegal possession, or knowingly is unable to repay, and the overdraft amount exceeds the overdraft amount allowed by the credit card. big. Avoiding tracing, or failing to return the money within 3 months from the date of receiving the collection notice from the card-issuing bank. The 1997 Criminal Law provided a legislative interpretation of "malicious overdraft", which means that the cardholder overdrafts beyond the prescribed limit or within the prescribed period for the purpose of illegal possession. And the card-issuing bank still refuses to return the money after collection. Credit card users should follow the bank's regulations when using their cards. Our country's banks will conduct trials based on the specific circumstances of such users. Once violations occur, banks have the right to cancel the credit cards of such users. Credit card users must actively use them in accordance with the regulations.

Standards for criminal filing of credit card cases

Whoever engages in credit card activities with a relatively large amount under one of the following circumstances shall be sentenced to not more than 5 years or fined not less than RMB 20,000 but not more than RMB 200,000. ; If the amount is huge or there are other serious circumstances, the sentence shall be not less than 5 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, the sentence shall be not less than 10 years or not more than 5 years. A fine of not less than RMB 10,000 but not more than RMB 500,000 or property confiscation may be imposed: (1) Using a counterfeit credit card; (2) Using an invalid credit card; (3) Pretending to use another person’s credit card; (4) Malicious overdraft, which constitutes a credit card crime.

Legal basis:

Article 196 of the "Criminal Law" Under any of the following circumstances, anyone who conducts credit card activities and the amount is relatively large shall be sentenced to not more than five years or criminal detention, and A fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed; if the amount is huge or there are other serious circumstances, the fine 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 If the circumstances are serious, he or she shall be sentenced to not less than 10 years in prison or 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 false identity card to fraudulently obtain the credit card. Credit card;

(2) Using an expired credit card;

(3) Pretending to use another person’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 credit cards concurrently shall be convicted and punished in accordance with the provisions of Article 264 of this Law.

That’s it for the introduction of credit card registration standards.