A credit card that is overdue for more than 3 months will be considered as malicious overdraft, and the cardholder will go to jail if he is prosecuted by the bank.

Article 6 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management stipulates:

If a cardholder overdraws beyond the prescribed limit or within the prescribed time limit for the purpose of illegal possession, and fails to return it for more than 3 months after being repeatedly urged by the issuing bank, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law. ?

malicious overdraft, the amount of which is more than 1, yuan but less than 1, yuan, shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 1, yuan but less than 1 million yuan, it shall be deemed as "a huge amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 1 million yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law. ?

Article 196 of the Criminal Law of the People's Republic of China stipulates:

Credit card fraud is committed under any of the following circumstances. If the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and a fine of not less than 2, yuan but not more than 2, yuan shall also be imposed; 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, or using a credit card fraudulently obtained with a false identity certificate; ?

(2) using an invalid credit card; ?

(3) fraudulent use of another person's credit card; ?

(4) malicious overdraft.

Extended information

Types of malicious overdraft of credit cards:

1. Frequent overdraft. Cardholders repeatedly withdraw cash at credit card business points close to each other at a very high frequency, and every little makes a mickle, occupying a lot of cash in the bank in a short time.

2. Multi-card overdraft. Cardholders apply to a number of banks, open multiple accounts, and the cardholders still overdraw, resulting in multiple debts, which leads to inability to repay.

3. Overdraft in different places. Cardholders make use of the current situation that China's communication equipment is underdeveloped, the information of cash withdrawal in different places can not be summarized in time, and it is difficult to deliver the "Emergency Stop Payment Notice" in time, and they commit crimes all over the country and overdraw at will.

4. collude with each other to overdraw. First, cardholders cross each other, chain guarantees, and apply for credit cards in different banks for overdraft. Second, cardholders collude with the staff of special merchants to obtain bank funds by means of fake consumption. Third, cardholders collude with bank employees inside and outside to use credit card overdraft.

People's Court of Ruzhou City, Henan Province-If the credit card is overdue, it will go to jail

Baidu Encyclopedia-the Supreme People's Court the Supreme People's Procuratorate's explanation on some issues concerning the specific application of law in handling criminal cases that hinder the management of credit cards

Wenxian Public Security Bureau-People's Republic of China and China's criminal law.