I owe CCB a credit card of 5, yuan, which is more than three months overdue. Today, CCB called to say that the card has been stopped and has been handed over to the branch for handling. Will it be cancelled? if the cardholder overdraws his credit card by 5, yuan and fails to pay it back within the time limit, the bank may institute legal proceedings and pursue civil liability. If two restrictions are met: first, two collections by the issuing bank; Second, it is a malicious overdraft to fail to return the money owed for more than three months. According to Article 196 of the Criminal Law of the People's Republic of China, "malicious overdraft" is a crime of credit card fraud, and the public security organ may file a case. Investigate criminal responsibility.

First, in the judicial interpretation, two restrictions have been added to "malicious overdraft": first, the card-issuing bank has made two collections; Second, the amount owed has not been returned for more than three months. This excludes the behavior of not returning on time because of not receiving the bank's dunning notice or other dunning documents. If the cardholder fails to receive the relevant notice or document and fails to return it after a certain period of time, it does not belong to "malicious overdraft".

second, because the crime of "malicious overdraft" is a deliberate crime, it has the subjective purpose of illegal possession, which is a very important constituent element of this crime. "Illegal possession" is a main boundary to distinguish between "malicious overdraft" and "goodwill overdraft". Only those who overdraw for the purpose of illegal possession belong to "malicious overdraft" and constitute a crime.

Third, this judicial interpretation makes it clear that if the amount of "malicious overdraft" is more than 1, yuan but less than 1, yuan, it should be considered as "a large amount" as stipulated in Article 196 of the Criminal Law; The amount of "malicious overdraft" refers to the money that has not been returned and has not been returned, excluding the fees charged by the issuing bank such as late payment fees and compound interest.

Fourth, according to the criminal policy of combining leniency with severity, those who repay the overdraft interest before the court makes a judgment or the public security organ files a case will be given a lighter punishment or will not be investigated for criminal responsibility.