Placing a case on file for investigation refers to the behavior that the public security organ voluntarily surrenders after receiving reports, complaints and exposures from citizens, perpetrators violating public security administration or criminal suspects violating criminal laws, and cases transferred by other administrative departments and judicial organs, and after accepting them, it is approved by the leaders to file a case for investigation of criminal or public security cases.
According to the relevant laws and regulations of our country, the following two conditions must be met if a case is to be put on file for investigation:
1, criminal facts exist.
2 criminal facts shall be investigated for criminal responsibility according to law. If there are criminal facts, but the law stipulates that criminal responsibility shall not be investigated, the case cannot be filed.
In any of the following circumstances, criminal responsibility shall not be investigated and the case shall not be filed; If the investigation has been completed, the case shall be dismissed, or no prosecution shall be instituted, or the case shall be declared innocent.
(a) if the circumstances are obviously minor and the harm is not great, it is not considered a crime.
(2) The crime has passed the limitation period.
(3) Being exempted from punishment by amnesty.
(4) Failing to tell or withdrawing from telling a crime without trial or prosecution according to the provisions of the Criminal Law.
(5) The defendant has died.
6. Other laws and regulations exempt from criminal responsibility.
Those who meet the conditions for filing a case shall be placed on file. After filing the case, the public security organs and people's procuratorates began to investigate general cases; Cases of private prosecution are directly tried by the people's courts; If there are no criminal facts, or criminal responsibility should not be investigated according to law, the case shall not be filed.
The money owed to the credit card has not been repaid in time, which has constituted overdue behavior. If the cardholder does not actively cooperate, the public security organ may file a case for investigation according to the malicious overdue behavior or malicious overdraft behavior of the credit card, and if the circumstances are serious, it may be transferred to the court for corresponding trial work. Once transferred to the court, it means that the overdue situation is already serious.
If the overdue amount of the credit card is large (principal 10000 yuan or more), and the overdue amount is more than three months, and the bank still fails to repay the loan twice, it belongs to the malicious overdraft of the credit card and constitutes the crime of credit card fraud. If the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years; if the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years 10 years. If all debts can be paid off in time before the judgment, criminal punishment may be mitigated or exempted.
Legal basis:
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.
Article 6, paragraph 1
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 three months after being effectively collected by the issuing bank twice, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law.
Article 8
Malicious overdraft, the amount of which is more than 50,000 yuan but less than 500,000 yuan, shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 500,000 yuan but less than 5 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 5 million yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law.