Article 196 of the Criminal Law commits the crime of credit card fraud or theft under any of the following circumstances.
Fraudulent activities involving a large amount (1-65438+ 10,000) shall be sentenced to fixed-term imprisonment of not more than five years (2 1000) or criminal detention.
Service, and impose a fine of twenty thousand yuan and two hundred thousand yuan; The amount is huge (10-100000,) or there are other strict
If the circumstances are serious, 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 50,000 yuan but not more than 500,000 yuan;
If the amount is especially huge (more than 6,543,800+0,000) or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years.
Or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan or confiscation of property:
(1) Using a forged credit card;
(2) Using an invalid credit card;
(3) Fraudulent use of another person's credit card;
(4) malicious overdraft.
Malicious overdraft means that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and
If the issuing bank fails to return it for more than 3 months after two collections, it shall be deemed as Article 196 of the Criminal Law.
The rule of "malicious overdraft".
Specific application laws of the Supreme People's Court and the Supreme People's Procuratorate on handling criminal cases of obstructing credit card management
Interpretation of some problems in law "
Article 6 For the purpose of illegal possession, the cardholder exceeds the prescribed limit or overdraws within the prescribed time limit, and has been issued a card.
If the card-holding bank fails to return it for more than 3 months after twice collection, it shall be deemed as the provisions of Article 196 of the Criminal Law.
"Malicious overdraft".
In any of the following circumstances, it shall be deemed as "illegal possession" as stipulated in the second paragraph of Article 196th of the Criminal Law.
For the purpose ":
(a) knowing that there is no repayment ability and a large amount of overdraft can not be returned; This is easy to say, and most people don't refute it.
This)
(two) squandering overdraft funds, unable to return; (This is what the cardholder defends most. Let's leave now.
If you have the ability to repay, you will be regarded as profligate.
(3) Escaping after overdraft, changing contact information and avoiding bank collection; (Many cardholders' behaviors: change.
Number)
(4) evading or transferring funds, concealing property or evading repayment;
(five) the use of overdraft funds for illegal and criminal activities;
(six) other acts of illegal possession of funds and refusal to return them.
Malicious overdraft, the amount of which is more than 6,543,800 yuan but less than 6,543,800 yuan, shall be deemed as Article 196 of the Criminal Law.
Set "large amount"; If the amount is more than 654.38+10,000 yuan but less than 1 10,000 yuan, it shall be deemed as Article 100 of the Criminal Law.
"Huge amount" as stipulated in Article 96; If the amount is more than 6,543,800 yuan, it shall be deemed as Article 100 of the Criminal Law.
Article 96 stipulates that "the amount is extremely huge".
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.
And the amount. Does not include compound interest, late fees, handling fees and other fees charged by the issuing bank.
Criminal responsibility should be investigated for malicious overdraft, but it has been fully repaid before the announcement of the judgment of the people's court after the public security organ filed the case.
If the Ministry overdraws interest, it may be given a lighter punishment, and if the circumstances are minor, it may be exempted from punishment. The amount of malicious overdraft is large
The public security organ has repaid all the overdraft interest before filing the case, and if the circumstances are obviously minor, it may not be investigated for punishment according to law.
Responsibility.
Simply put, as long as the credit card is overdue for 3 months, it meets the criteria for filing a case (the bank's evidence is sufficient)
), detention before trial, this kind of case is best solved.