The Supreme People's Court and the Supreme People's Procuratorate jointly issued the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management, saying that the bank's failure to make two collections in March was regarded as malicious overdraft.

In the judicial interpretation, there are two restrictions on "malicious overdraft": one is the two collections of the issuing bank; Second, it is not returned for more than three months.

Because the crime of "malicious overdraft" is a deliberate crime, it has the subjective purpose of illegal possession and is a very important constituent element of this behavior.

The judicial interpretation clarifies the amount of "malicious overdraft", which refers to the money that has not been returned and has not been returned, excluding the late payment fee and compound interest charged by the issuing bank.

According to the criminal policy of combining leniency with severity, if the overdraft interest is repaid before the court decides or the public security organ files a case, it will be given a lighter punishment or criminal responsibility will not be investigated, which will not only investigate the fraud of "malicious overdraft" according to law, but also play the role of legal warning education and minimize the scope of criminal attack.

According to Article 196 of the Criminal Law of People's Republic of China (PRC), "malicious overdraft" belongs to the crime of credit card fraud.

Article 266 of the Criminal Law whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; 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 10 years or life imprisonment, and shall also be fined or confiscated.

Article 196 of the Criminal Law stipulates that if the amount of malicious overdraft is more than 6,543,800 yuan but less than 6,543,800 yuan, it shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 654.38+10,000 yuan and less than 1 10,000 yuan, it shall be deemed as "huge amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 6,543.8+0,000 yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law.