There are three criminal laws and laws related to credit card non-repayment. With regard to the laws related to overdue credit cards, the laws used by banks when reporting cases are as follows:

1. Article 196

Article 196 of the Criminal Law

In any of the following circumstances, those who engage in credit card fraud activities, 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; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 5 years and not more than 1 years, and shall 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:

1.

2. using an invalid credit card;

3. using someone else's credit card;

4. Malicious overdraft.

II. Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Credit Card Fraud Cases

In April 1995, in order to punish the criminal activities of defrauding property by using credit cards according to law, the specific application of laws in handling such cases is explained as follows:

For handling credit cards in banks by means of forging or fraudulently using identity cards and business licenses, or defrauding property by means of forging, altering or using credit cards, if the amount is relatively large,

if an individual, for the purpose of illegal possession, or knowing that he can't repay, uses a credit card to maliciously overdraw, defrauding the property of more than 5, yuan, avoiding tracing, or fails to return it after being reminded by the bank for more than three months, he shall be investigated for criminal responsibility for fraud. If the cardholder pays the deposit in the bank, the amount of malicious overdraft shall be calculated by the amount exceeding the deposit.

if the perpetrator maliciously overdraws, which constitutes a crime, and all the overdraft interest has been returned from the time of the crime to the time of prosecution by the people's procuratorate, he may be given a lighter or mitigated punishment or be exempted from criminal responsibility.

bank staff who commit the above-mentioned crimes should be severely punished according to law.

III. Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management December 29

Article 6 "Malicious overdraft" as stipulated in Article p>196 of the Criminal Law: for the purpose of illegal possession, it exceeds the prescribed limit or time limit, and it is deemed as malicious overdraft if it has not been returned for more than 3 months after being twice collected by the issuing bank.

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:

1. Being overdrawn in large quantities knowing that it is unable to repay;

2. the overdrawn funds are squandered and cannot be returned;

3. Hiding after overdraft, changing contact information and evading bank collection;

4. Withdrawing or transferring funds, concealing property and evading repayment;

5. using overdrawn funds for illegal and criminal activities;

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

the amount of malicious overdraft refers to the principal, excluding compound interest, late fees, handling fees and other fees charged by the issuing bank. Large amount: more than 1, yuan but less than 1, yuan; The amount is huge: more than 1, yuan but less than 1 million yuan; The amount is huge: more than 1 million yuan.

criminal responsibility should be investigated for malicious overdraft. however, if the overdraft interest has been fully repaid before the people's court makes a judgment after the public security organ files a case, the punishment may be given a lighter punishment, and if the circumstances are minor, the punishment may be exempted. If the amount of malicious overdraft is large, and all the overdraft interest has been repaid before the public security organ files a case, and the circumstances are obviously minor, criminal responsibility may not be investigated according to law.

Extended information:

According to Article 196 of the Criminal Law, the crime of credit card fraud refers to the act of using credit cards to defraud a large amount of property for the purpose of illegal possession, in violation of credit card management regulations.

the use of credit cards generally refers to fraudulent activities by using forged or invalid credit cards or by using others' credit cards or malicious overdrafts.

the crime of credit card fraud is a kind of fraud crime, and the relationship between this crime and fraud crime is a special law and a general law. In this crime, credit card is a criminal tool, not an object of crime.

if the perpetrator uses the credit card as a criminal tool to conduct fraud, he shall be convicted and punished for this crime according to the principle that the special law is superior to the general law. Therefore, the crime of credit card fraud, in short, is the criminal activity of fraud by using the credit embodied by credit cards.

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 the behavior that the perpetrator uses credit cards to defraud public and private property by fabricating 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. The perpetrator must also have the subjective 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.

For example, if a fraudulent crime is committed by using a forged credit card or an invalid credit card, the perpetrator must subjectively know that it is a forged or invalid credit card, otherwise, it cannot constitute this crime.

In the case of credit card overdraft, the difference between goodwill overdraft and malicious overdraft should also be analyzed from the intentional content of the actor. If the actor intentionally occupies other people's property, it is malicious overdraft, otherwise, it is goodwill overdraft.

It is manifested in the following behaviors:

Forged credit card

The so-called forged credit card refers to the credit card manufactured by imitating the texture, pattern, block, pattern and magnetic stripe password of the credit card. The so-called use refers to the act of using forged credit cards to defraud other people's property for the purpose of illegally possessing other people's property. Including buying goods with forged credit cards, withdrawing cash, and accepting various services with forged credit cards.

using invalid credit cards

invalid credit cards refer to expired credit cards, invalid credit cards, credit cards declared invalid according to law and relevant regulations, credit cards that the cardholder stops using during the validity period of the credit cards and returns them to the issuing bank, and credit cards that are invalid due to loss reporting.

in addition, the use of invalid credit cards also includes the use of altered cards. The so-called altered card refers to an invalid credit card whose card number has been altered. These credit cards themselves are listed on the stop payment list because of loss reporting or cancellation, but one number on the card is flattened and then another new number is pressed to escape the blacklist search. Therefore, the altered card is also a kind of fake card.

fraudulent use of others

fraudulent use refers to the act that a non-cardholder uses the cardholder's credit card in the cardholder's name to defraud property. According to China's regulations on credit cards, credit cards are limited to legitimate cardholders and cannot be lent or transferred, which is also a principle generally followed by all countries.

However, if the credit card and ID card are put together and lost at the same time, it may create opportunities for the picker or thief to use them falsely. After obtaining someone else's credit card, these pickers or thieves may take advantage of the time difference before the cardholder discovers the loss, < P > or take advantage of the stop payment management to impersonate the cardholder's identity and imitate the cardholder's signature, and go to a credit card merchant or bank to shop for money or enjoy services. These are several common cases of fraudulent use of someone else's credit card.

malicious overdraft

overdraft refers to the behavior of allowing customers to withdraw money beyond the amount of funds in their accounts with the approval of the bank when the customers who set up accounts in the bank have no funds or insufficient funds. Overdraft is essentially a bank lending money to customers.

The so-called malicious overdraft, according to the provisions of the second paragraph of Article 196 of the Criminal Law, refers to the behavior that the cardholder of a credit card overdraws beyond the specified limit or within the specified period for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank.

the essential difference between bona fide overdraft and malicious overdraft lies in the subjective difference of the actors. Both of them have caused overdraft objectively, but the doer of goodwill overdraft subjectively has the intention of using it first and then paying it back, and then returns the overdraft and interest, while the doer of malicious overdraft overdraws in order to take the overdraft for himself, and does not want to repay it at all or is unable to repay it, and absconds from the debt in behavior.

according to the provisions of the criminal law, the actor must have a large amount of elements in addition to one of the above four acts. If the amount is not large, even if the above acts are committed, they are illegal and do not constitute a crime.

as for what is "large amount", there is no clear judicial explanation at present. However, according to the Supreme People's Court's Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases in 1996, a large amount of personal fraud refers to more than 5, yuan. The starting point of the large amount of credit card fraud can refer to this regulation and it is appropriate to use 5 yuan.

Reference: Baidu Encyclopedia-Credit Card Fraud