if it is stolen and used, it is suspected of theft. If it is a forged credit card, or someone else's credit card is used fraudulently (for example, someone else's credit card is found and used), it is suspected of credit card fraud (fraudulent use of a credit card, amounting to 5, yuan, constitutes a crime). If the filing standard of credit card fraud is suspected of one of the following circumstances, it should be prosecuted:

1. Use forged credit cards, credit cards fraudulently obtained with false identification, invalid credit cards or fraudulent use of other people's credit cards to engage in credit card fraud activities with an amount of more than 5, yuan. Fraudulent use of another person's credit card includes the following situations:

(1) picking up another person's credit card and using it;

(2) defrauding others of their credit cards and using them;

(3) stealing, buying, defrauding or obtaining other people's credit card information by other illegal means, and using it through the Internet, communication terminals, etc.

(4) other cases of fraudulent use of other people's credit cards.

2. Malicious overdraft of more than 1, yuan: the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it for more than 3 months after being repeatedly urged by the issuing bank. Under any of the following circumstances, it shall be deemed that the purpose of illegal possession is:

(1) knowing that there is no repayment ability, a large amount of overdraft cannot be returned;

(2) the overdrawn funds are squandered and cannot be returned;

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

(4) Evading 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 amount that the cardholder refuses to return or has not returned under the conditions stipulated in the first paragraph. Does not include compound interest, late fees, handling fees and other fees charged by the issuing bank.

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, and 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.