Having an overdue credit card of $50,000 is not necessarily a crime. The details are as follows:
Whether owing 50,000 on a credit card violates the criminal law needs to be considered on a case-by-case basis:
1. If you owe 50,000 on a credit card and the debt cannot be paid, it does not necessarily violate the criminal law and require you to go to jail. If you are only being collected, but have not been sued, and you can repay the debt after collection, generally the bank will not collect again, and will not hold the debtor legally responsible, so you will not go to jail;
2 , but if the debt is still not returned after collection, the bank will file a lawsuit to hold the debtor legally responsible, and he may be imprisoned. If you still refuse to pay back the arrears and refuse to execute the court's judgment, you will also be imprisoned for the crime of refusing to execute the judgment or ruling.
3. If the credit card debt exceeds RMB 50,000, if the perpetrator is a malicious overdraft (meaning that the cardholder overdrafts beyond the prescribed limit or within the prescribed period for the purpose of illegal possession, and the card-issuing bank still overdrafts after collection) Failure to return), if the amount is relatively large, it may constitute a crime of credit card fraud and will be sentenced.
The specific identification criteria for the crime of credit card fraud are as follows:
1. For the purpose of illegal possession, the cardholder exceeds the prescribed limit or overdrafts within the prescribed period, and after two collections by the card-issuing bank, the amount exceeds 3 If it is not returned within three months, it shall be deemed as "malicious overdraft";
2 If any of the following circumstances occur, it shall be deemed as "illegal possession for the purpose of possession":
(1 ) A large amount of overdraft, knowing that one has no ability to repay, cannot be returned;
(2) A person who squanders the overdraft funds wantonly and cannot return it;
(3) Escapes and changes contact after overdraft Methods to evade bank collection;
(4) Escape and transfer funds, conceal property, and evade repayment;
(5) Use overdraft funds to carry out illegal and criminal activities;
(6) Other behaviors of illegally possessing funds and refusing to return them. Legal basis
Sentencing and punishment for the crime of credit card fraud:
1. Whoever commits credit card fraud and 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 20,000 yuan A fine of not more than 200,000 yuan;
2. 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 10 years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan;
p>
3. If the amount is particularly huge or there are other particularly serious circumstances, 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:
To sum up, it is best not to overdue your credit card. If it is overdue, it can be dealt with in a timely manner and actively handled through communication and coordination with the bank.
Legal basis:
"Criminal Law of the People's Republic of China"
Article 6: For the purpose of illegal possession, the cardholder exceeds the prescribed limit or If an overdraft is made within a prescribed time limit and is not returned for more than three months after being called upon twice by the card-issuing bank, it shall be deemed a "malicious overdraft" as stipulated in Article 196 of the Criminal Law.
If any of the following circumstances occurs, it shall be deemed as "illegal possession for the purpose" as stipulated in the second paragraph of Article 196 of the Criminal Law:
(1) Knowingly not possessing A large amount of overdraft due to the ability to repay the loan cannot be returned;
(2) The overdraft funds are squandered wantonly and cannot be returned;
(3) Escape, change contact information, and evade after overdraft Bank collection;
(4) Escape and transfer funds, conceal property, and evade repayment;
(5) Use overdraft funds to carry out illegal and criminal activities;
(6) Other behaviors of illegally possessing funds and refusing to return them.
A malicious overdraft, if the amount is more than 10,000 yuan but less than 100,000 yuan, shall be deemed as a "relatively large amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 100,000 yuan but less than 1 million yuan If the amount exceeds 1 million yuan, it shall be deemed as a "huge amount" as stipulated in Article 196 of the Criminal Law; if the amount exceeds 1 million yuan, it shall be deemed as an "especially huge amount" as stipulated in Article 196 of the Criminal Law.
The amount of malicious overdraft refers to the amount that the cardholder refuses to return or the amount that has not yet been returned under the conditions specified in the first paragraph. Excludes compound interest, late fees, handling fees and other fees charged by the card-issuing bank.
Criminal liability should be pursued for malicious overdrafts, but if all the overdraft interest has been repaid after the public security organ files the case and before the people's court pronounces its judgment, the person may be given a lighter punishment. If the circumstances are minor, the penalty may be exempted. If the malicious overdraft amount is relatively large and all the overdraft interest has been repaid before the public security organ files the case, and the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law.