If the bank's credit card is not overdue, the slightest consequence is that it will affect the personal credit record and it will be impossible to handle credit business from the bank in a short period of time. If the amount is small and the circumstances are minor, the bank will entrust a lawyer and other legal departments to file a civil lawsuit with the court; If the amount is large and the circumstances are serious, the bank may report the case directly to the public security organ. The public security organ will end the investigation and hand over the case to the procuratorate. The procuratorate will file a public prosecution with the court for credit card fraud. If the cardholder refuses to repay, he will go to jail.
Judicial interpretation of credit card in criminal law
If the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it for more than 3 months after being twice collected by the issuing bank, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law.
In any of the following circumstances, it shall be deemed as "for the purpose of illegal possession" as stipulated in the second paragraph of Article 196th of the Criminal Law:
(a) knowing that there is no repayment ability and a large amount of overdraft can not be returned;
(two) squandering overdraft funds, unable to return;
(3) Escaping after overdraft, changing contact information and avoiding bank collection;
(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 6,543.8+0,000 yuan but less than 6,543.8+0,000 yuan, 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.
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. Does not include compound interest, late fees, handling fees and other fees charged by the issuing bank.
Malicious overdraft should be investigated for criminal responsibility. However, if all the overdraft interest has been repaid after the public security organ files the case but before the announcement of the judgment of the people's court, the punishment may be given a lighter punishment, and if the circumstances are minor, the punishment may be exempted. If the amount of malicious overdraft is large, and all overdraft interest has been repaid before the public security organ files a case, and the circumstances are obviously minor, criminal responsibility may not be investigated according to law.