Legal Subjectivity:

A credit card is a type of debit card. The cardholder can swipe the card for consumption within the credit limit of the credit card, and after swiping the card for consumption, the debt must be repaid in a timely manner. If you overdraft a credit card and fail to repay the debt, it may constitute a crime. So how to deal with criminal proceedings for overdue credit cards? The editor of this website has compiled relevant knowledge and hopes to be helpful to everyone. 1. What to do if a criminal lawsuit is filed for an overdue credit card? After overdrafting a credit card, if the debt is not repaid overdue and a criminal lawsuit is filed, the defendant may entrust a lawyer to serve as a defender. Article 34 of the "Criminal Procedure Law of the People's Republic of China" A criminal suspect has the right to entrust a defender from the day he is first interrogated or takes compulsory measures by the investigative agency; during the investigation, he can only entrust a lawyer as his attorney defender. The defendant has the right to entrust a defender at any time. When interrogating a criminal suspect for the first time or taking compulsory measures against a criminal suspect, the investigation agency shall inform the criminal suspect of the right to entrust a defender. The People's Procuratorate shall, within three days from the date of receipt of case materials transferred for review and prosecution, inform the criminal suspect of the right to entrust a defender. The people's court shall, within three days from the date of accepting the case, inform the defendant of the right to entrust a defender. If criminal suspects or defendants request to entrust a defender while in custody, the people's court, people's procuratorate and public security organs shall promptly convey their request. If a criminal suspect or defendant is in custody, his guardian or close relative may also entrust a defender on his behalf. After accepting the entrustment of a criminal suspect or defendant, the defender shall promptly notify the agency handling the case. 2. Performance of credit card fraud crimes 1. Using counterfeit credit cards. Counterfeit credit cards refer to credit cards that imitate the texture, pattern, section, pattern and magnetic stripe password of a credit card. The so-called use refers to the act of using a forged credit card to defraud other people's property for the purpose of illegally possessing other people's property. This includes using counterfeit credit cards to purchase goods, withdraw cash, and use counterfeit credit cards to receive various services. 2. Use of invalidated credit cards. An invalidated credit card refers to an expired credit card that cannot continue to be used according to laws and relevant regulations, an invalid credit card, a credit card that has been declared invalid in accordance with the law, and a credit card that the cardholder has stopped using midway during the validity period of the credit card and will Credit cards that are returned to the issuing bank, as well as credit cards that have been invalidated due to loss reports. In addition, using an expired credit card also includes using an altered card. The so-called altered card refers to an invalid credit card whose card number has been altered. These credit cards themselves were put on the stop payment list due to loss or cancellation, but a certain number on the card was flattened and then a new number was added to avoid blacklist retrieval. Therefore, altered cards are also a type of counterfeit cards. 3. Fraudulent use of other people’s credit cards refers to the behavior of a non-cardholder using the cardholder’s credit card in the name of the cardholder to defraud property. According to my country's regulations on credit cards, credit cards are limited to the legal cardholder's personal use and may not be lent or transferred. This is also a principle generally followed by all countries. However, if the credit card and ID card are put together and lost at the same time, it may create opportunities for the finder or thief to use them fraudulently. After obtaining other people's credit cards, these losers or thieves may take advantage of the time lag in stop payment management before the cardholder notices the loss, pretending to be the card owner's identity and imitating the card owner's signature, and go to credit card authorized merchants or merchants. Bank purchases, withdrawals, or services are some of the common situations in which people fraudulently use other people’s credit cards to commit fraud. 4. Malicious overdraft Overdraft refers to the behavior of a customer who has set up an account with a bank and allows the customer to spend more than the funds on his account with the approval of the bank when the account has no funds or insufficient funds. An overdraft is essentially a bank lending money to a customer. From the above analysis, we know that according to the provisions of the Criminal Procedure Law, a criminal suspect has the right to entrust a defender to defend him from the first day of interrogation or compulsory measures taken by the investigative agency. Therefore, if you are prosecuted for credit card fraud, the defendant can entrust a defender. If you need legal help, readers can consult online.

The law is objective:

Article 196 of the Criminal Law: Whoever commits credit card fraud in any of the following circumstances and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined 20,000 yuan A fine of not less than 200,000 yuan but not more than 200,000 yuan; 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 10 years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances , shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or have property confiscated: (1) Using a forged credit card, or using a credit card fraudulently obtained with false identification; (2) ) Using an expired credit card; (3) Pretending to use another person’s credit card; (4) Malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank. Anyone who steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.