However, those who maliciously overdraw are suspected of violating the administrative law or even constituting a crime, and shall be under the jurisdiction of the public security organs, which shall file a case for investigation, the procuratorate shall initiate a public prosecution, and the court shall make a judgment.

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.

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 3 months after being twice collected by the issuing bank, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law.