Paragraph 3 of Article 196 of the Criminal Law of People's Republic of China (PRC) stipulates that anyone who steals a credit card and uses it shall be punished as theft, not as fraud. Stealing credit cards but not using them should not be classified as theft; Theft, forgery,

An invalid credit card, which is knowingly used as a forged or invalid credit card, should be recognized as the crime of credit card fraud.

Stealing and using credit cards generally includes the following situations:

(1) The perpetrator swiped a genuine and valid credit card and used it;

(2) The perpetrator swipes a forged or invalid credit card, but the perpetrator does not know that it is a forged or invalid credit card and uses it;

(3) The perpetrator knows that the stolen credit card is a forged credit card or an invalid credit card, and after technical operation, the "dead card" is restored to function and used;

(4) The perpetrator uses false identification to steal credit cards and use them.

The credit card in the crime of "stealing credit cards and using them-theft" stipulated in the criminal law should be authentic and valid; However, anyone who embezzles or uses a forged, invalid or fraudulent credit card (which belongs to the act of fraudulent use or use of an invalid credit card) shall be convicted of credit card fraud.