According to "Provisions of the Supreme People's Procuratorate and Ministry of Public Security on the Standards for Public Security Organs to Jurisdicte Criminal Cases for Filing and Prosecution (II)", if the amount of malicious overdraft credit card is more than 10,000 yuan, it should be filed for prosecution.
"Malicious overdraft" refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and has not returned it for more than three months after being collected twice by the issuing bank. Malicious overdraft, the amount of which is more than 1 10,000 yuan but less than110,000 yuan, has been fully repaid before the public security organ files a case. If the circumstances are obviously minor, criminal responsibility may not be investigated according to law.
China's "Criminal Law" stipulates that cardholders who overdraw beyond the prescribed time limit and fail to return after being collected by the issuing bank, cardholders who use forged credit cards, etc. , the amount is relatively large, can be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and impose a fine of not less than 20 thousand yuan but not more than 200 thousand yuan; 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 not less than 50,000 yuan but not more than 500,000 yuan or confiscated property.
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