Credit card prosecution may not necessarily lead to jail. If a person is sued for overdue payment of a credit card, he will not go to jail if he can repay it in time or execute the effective judgment of the people's court. Only when it constitutes the crime of credit card fraud, do you need to bear criminal responsibility. Under normal circumstances, this kind of financial dispute is a civil dispute, and it is only necessary to bear civil liability. If civil liability is not fulfilled, or it constitutes a criminal offence, the debtor may face jail. The purpose of the bank is not to put all debtors in jail.
Article 196 of the Criminal Law of the People's Republic of China
Credit card fraud is committed under any of the following circumstances. 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 2, yuan but not more than 2, 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 5, yuan but not more than 5, 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 1 years or life imprisonment, and shall also be fined not less than 5, yuan but not more than 5, yuan, or his property shall be confiscated: < P > (1) using a forged credit card or using a credit card fraudulently obtained with false identification;
(2) using an invalid credit card;
(3) fraudulent use of another person's credit card;
(4) malicious overdraft.
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.
Theft Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.