Whether using someone else’s credit card constitutes a crime depends on whether it meets the requirements for the crime of credit card fraud. The details are as follows:

1. The criminal subject is a general subject and consists of natural persons;

2. The perpetrator is intentional in the subjective aspect and has the purpose of illegal possession;

3. The object is a complex object, that is, the management order of the credit card and the ownership of public and private property;

4. The objective aspect is: unauthorized use of the cardholder without the cardholder’s consent or authorization. Use the credit card in the name to conduct fraudulent activities such as shopping, consumption, and cash withdrawals within the credit card business.

"Criminal Law of the People's Republic of China"

Article 196

The crime of credit card fraud involves one of the following circumstances: credit card fraud If the amount is huge or there are other serious circumstances, the sentence is to be not less than five years but not more than 10 years of fixed-term imprisonment or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan; If the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be not less than 10 years in prison or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation:

(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification;

(2) Using an expired credit card;

( 3) Fraudulent use of other people’s credit cards;

(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.

Whoever steals a credit card and uses it for the crime of theft shall be convicted and punished in accordance with the provisions of Article 264 of this Law.