Legal analysis: If the credit card debt is not repaid for one year, late payment fees and interest will be incurred cyclically. If the principal exceeds 10,000 yuan, criminal liability will arise.
Legal basis: "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases Obstructing the Management of Credit Cards" Article 6 The cardholder exceeds the prescribed limit or regulations for the purpose of illegal possession. If the card is overdrafted within the time limit and remains unrepaid for more than 3 months after being called upon twice by the card-issuing bank, it shall be deemed as a "malicious overdraft" as stipulated in Article 196 of the Criminal Law.
Article 196 of the "Criminal Law of the People's Republic of China" If any of the following circumstances occurs, it shall be deemed as "malicious overdraft" for the purpose of illegal possession:
< p>(1) Overdrafting a large amount of money while knowing that one has no ability to repay, and cannot return it;(2) Wantlessly squandering the overdraft funds, which cannot be returned;
(3) After overdraft Escape, change contact information, and evade bank collection
(4) Escape or transfer funds, conceal property, and evade repayment;
(5) Use overdraft funds to commit illegal crimes 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 "large amount"; if the amount is more than 100,000 yuan but less than 1 million yuan, it shall be deemed as a "huge amount" ; If the amount is more than 1 million yuan, it shall be deemed as “especially huge amount”.
The amount of malicious overdraft refers to the amount that the cardholder refuses to return or the amount that has not 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's judgment is pronounced, 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.