1, whether it constitutes a criminal offence depends on the time and principal amount of credit card arrears; \x0d\2。 If the amount of the principal in arrears reaches more than 1 10,000 yuan, and it is not returned for more than 3 months after being collected twice by the issuing bank, it should be considered as "malicious overdraft" in the criminal law and suspected of credit card fraud. According to the law, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall be fined not less than 20,000 yuan but not more than 200,000 yuan; \x0d\3。 If the amount of malicious overdraft is large, and all overdraft interest has been paid before the public security organ files a case, and the circumstances are obviously minor, criminal responsibility may not be investigated according to law \x0d\4. Legal basis: Article 196 of the Criminal Law commits credit card fraud and theft, and in any of the following cases, if the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 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 ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated: \x0d\ (1) using a forged credit card; \x0d\ (2) An invalid credit card was used; \x0d\ (3) Fraudulent use of other people's credit cards; \x0d\ (4) Malicious overdraft. \x0d\ The malicious overdraft mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank. \x0d\ Explanations 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 If a 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 repeated reminders from the issuing bank, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law. \x0d\ Under any of the following circumstances, it shall be deemed as "for the purpose of illegal possession" as stipulated in the second paragraph of Article 196 of the Criminal Law: \x0d\ (1) knowing that he is unable to repay, but he cannot repay a large amount of overdraft; \x0d\ (2) The overdrawn funds have been squandered and cannot be returned; \x0d\ (3) Hiding after overdraft, changing contact information to avoid bank collection; \x0d\ (4) evading or transferring funds, concealing property or evading repayment; \x0d\ (5) using overdraft funds for illegal and criminal activities; \x0d\ (6) Other acts of illegally occupying funds and refusing to return them. \x0d\ malicious overdraft, the amount of which is more than 6,543.8+0,000 yuan but less than 6,543.8+0,000 yuan, shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 654.38+10,000 yuan and less than 1 10,000 yuan, it shall be deemed as "huge amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 6,543.8+0,000 yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law. \x0d\ The amount of malicious overdraft refers to the amount that the cardholder refuses to return or has not returned under the conditions specified in the first paragraph. Does not include compound interest, late fees, handling fees and other fees charged by the issuing bank. \x0d\ Malicious overdraft shall be investigated for criminal responsibility. However, if all overdraft interest has been repaid after the public security organ files a case but before the announcement of the judgment of the people's court, it may be given a lighter punishment. If the circumstances are minor, it may be exempted from punishment. If the amount of malicious overdraft is large, and all overdraft interest has been repaid before the public security organ files a case, and the circumstances are obviously minor, criminal responsibility may not be investigated according to law.