The crime of credit card theft depends on the circumstances, as follows:

1. If the credit card is stolen and used, it is suspected of being theft;

< p>2. If you forge a credit card, or use someone else’s credit card falsely, you are suspected of credit card fraud.

The constituent elements of the crime of theft are as follows:

1. Object elements; the object of the crime of theft is the ownership of public or private property; the object of the infringement is the state, collective or individual Property generally refers to movable property, but attachments to real property that can be separated from the real property, such as crops on fields, trees on mountains, doors and windows on buildings, etc., can also become the object of the crime of theft;

2. Objective elements: The objective aspect of the crime of theft is that the perpetrator has secretly stolen a large amount of public or private property, or has secretly stolen public or private property multiple times; the so-called secret theft means that the perpetrator takes actions of his own accord The act of taking away property secretly without being discovered by the owner, custodian or handler of the property;

3. Subject requirements: The subject of the crime of theft is a general subject. Anyone who reaches the age of criminal responsibility shall And anyone with the capacity for criminal responsibility can constitute it;

4. Subjective elements: The subjective aspect of the crime of theft is direct intention and the purpose of illegal possession.

The constituent elements of the crime of credit card fraud are:

1. The objects of this crime are the credit card management system and the ownership of public and private property.

2. The objective aspect of this crime is that the perpetrator uses credit cards to defraud public and private property by fabricating facts or concealing the truth.

3. The subject of this crime is a general subject, and natural persons can become the subject of this crime.

4. The subjective aspect of this crime is intentionality, and it is direct intention. The perpetrator must also have the subjective purpose of illegally possessing public and private property. Indirect intentional and negligent crimes cannot constitute this crime. It should be pointed out here that among the various acts of credit card fraud, the perpetrators have different behaviors and their criminal intentions have their own specific content.

To sum up, if the fraudulent credit card is stolen and used, it is suspected of the crime of theft; if the credit card is forged, or the credit card of others is used falsely, it is suspected of the crime of credit card fraud.

Legal basis:

Article 196 of the Criminal Law of the People's Republic of China

The crime of credit card fraud involves one of the following circumstances: Whoever commits credit card fraud 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 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 10 years. , and shall also be fined 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, the sentence shall be not less than 10 years of fixed-term imprisonment or life imprisonment, and also 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 invalid credit card;

< p>(3) Pretending to use 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.