Article 196 of the Criminal Law commits credit card fraud 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 especially 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 confiscated 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. ?

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. ?

Extended information:

Nature, task and function of criminal law:

1. Criminal law has a stronger class nature than other laws.

criminal law, like other laws, is the product of class society, the embodiment of the will of the ruling class and the tool of class rule. Moreover, criminal law, as a public law, is compared with other laws (especially private law).

has a stronger class nature, and its content more clearly reflects its nature as a tool of class rule, such as the provisions on crimes against national security (treason, subversion of political power, armed riot, rebellion), crimes against tax collection and management, crimes against national defense interests, and crimes against justice.

2. criminal law is social

criminal law is not only class-oriented, but also social, that is, it should safeguard the interests not only of the ruling class, but also of the vast majority of people in society.

on the one hand, in a certain society (including class society), the basic values of social members, such as basic ethical and material values, are the same for both the ruling and the ruled classes.

On the other hand, only by protecting the interests of the ruled class (as long as they do not conflict with the interests of the ruling class) can society establish a stable order, otherwise, the political rule and economic interests of the ruling class will not be realized.

Baidu Encyclopedia-Criminal Law