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Sentencing standards for bank card theft

The sentencing standards for bank card theft are as follows:

Theft of another person’s bank card for more than 1,000 yuan will result in a prison sentence. If the amount is relatively large, the person suspected of the crime of theft may be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance. If the amount is huge, he may be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years. If the amount is particularly huge, he may be sentenced to fixed-term imprisonment of not less than 10 years or more. life imprisonment. The standard value standard for stolen property is between 1,000 yuan and more than 3,000 yuan, for huge amounts, between 30,000 yuan and more than 100,000 yuan, and for extremely large amounts, between 300,000 yuan and more than 500,000 yuan. You can set your own standards within the above range.

The constituent elements of the crime of credit card fraud are as follows:

1. Object elements. The object infringed by this crime is a complex object, which not only infringes the country's credit card management system, but also causes damage to the public and private property ownership of the bank and credit card related persons;

2. Objective elements. Objectively speaking, this crime is manifested in the use of counterfeit or altered credit cards, or the fraudulent use of other people's credit cards, or the use of credit cards to maliciously overdraft, defraud public or private property, and the amount is relatively large;

3. Subject elements. The subject of this crime is the general subject. The unit can also become the subject of this crime;

4. Subjective elements. This crime can only be subjectively constituted intentionally and must have the purpose of illegally possessing public or private property.

To sum up, the sentencing standards for bank card theft are: those who steal other people’s bank cards for more than one thousand yuan will be sentenced. If the amount is relatively large, the person suspected of the crime of theft may be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance. If the amount is huge, he may be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years. If the amount is particularly huge, he may be sentenced to fixed-term imprisonment of not less than 10 years or more. life imprisonment.

Legal basis:

Article 264 of the Criminal Law of the People's Republic of China

The crime of theft involves stealing public and private property, with a relatively large amount Whoever commits multiple thefts, burglaries, thefts with weapons, or pickpockets shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or public surveillance, and shall also or solely be fined; if the amount is huge or there are other serious circumstances, he shall be sentenced to not less than three years and ten years. If the amount is particularly huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or have property confiscated.

Article 196

Whoever commits the crime of credit card fraud under one of the following circumstances and conducts credit card fraud activities and the amount is relatively large shall be sentenced to fixed-term imprisonment of 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 person shall be sentenced to fixed-term imprisonment of 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 serious circumstances If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated:

(1) Using a forged credit card, or using a false 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.

Whoever steals a credit card and uses it for the crime of theft shall be convicted and punished in accordance with the provisions of Article 264 of this Law.