This is mainly based on the amount and time of arrears. Credit card arrears for more than two months, and do not take the initiative to contact the bank, it constitutes a malicious overdraft. When the amount of malicious overdraft reaches a certain amount (more than 10 thousand), it will constitute a criminal offence. The specific provisions are as follows: the Supreme People's Court and the Supreme People's Procuratorate jointly issued the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management, which was released on 20 14 12. According to the Interpretation: 1, whoever defrauds public or private property in a large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; 2. If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; 3. If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. According to the explanation, if the amount of malicious overdraft is more than 6,543.8+0,000 yuan but less than 6,543.8+0,000 yuan, it should be considered 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. Therefore, after a certain period of time constitutes a criminal case, if the credit card is not returned, the police will arrest people.