1. How long will it take to go to jail if your credit card is overdue?

1. If your credit card is overdue for three months and you overdraft maliciously, you will go to jail. If a cardholder overdrafts beyond the prescribed limit or within the prescribed period for the purpose of illegal possession, and fails to return the card for more than 3 months after being called upon twice by the card-issuing bank, it shall be deemed a "malicious overdraft" as stipulated by law.

2. Legal basis: Article 196 of the "Criminal Law of the People's Republic of China"

The crime of credit card fraud involves one of the following circumstances: carrying out credit card fraud activities, If the amount is relatively large, the sentence is to be not less than five years in prison or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan; If the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be not less than 10 years in prison or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation:

(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification;

(2) Using an expired credit card;

(3) Pretending to use other people’s credit cards;

(4) Malicious overdraft.

The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank.

Whoever steals a credit card and uses it for the crime of theft shall be convicted and punished in accordance with the provisions of Article 264 of this Law.

2. What are the constituent elements of the crime of credit card fraud

1. The objects violated by the crime of credit card fraud are the credit card management system and the ownership of public and private property;

2 . The objective aspect of the crime of credit card fraud is that the perpetrator uses credit cards to defraud public or private property by fabricating facts or concealing the truth;

3. The subject of the crime of credit card fraud is a general subject, and a natural person can be a credit card holder. The criminal subject of the crime of fraud;

4. The subjective aspect of the crime of credit card fraud is intentionality, and it is direct intention. The perpetrator must also have the subjective purpose of illegally possessing public and private property. Indirect intentional and negligent crimes cannot constitute this crime. It should be pointed out here that among the various acts of credit card fraud, the perpetrators have different behaviors and their criminal intentions have their own specific content.