Legal Analysis: The Interpretation of Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases Affecting Credit Card Management jointly issued by the Supreme People's Court and the Supreme People's Procuratorate clarifies the conditions for the crime of "malicious overdraft" of credit cards, and the related issues of the identification and punishment of "malicious overdraft", and defines "for the purpose of illegal possession" to distinguish it from the act of bona fide overdraft. According to the explanation, if the cardholder overdraws beyond the prescribed limit or term for the purpose of illegal possession, and fails to return it for more than 3 months after being urged twice by the issuing bank, it shall be deemed as "malicious overdraft". Sun Qian, Deputy Attorney General of the Supreme People's Procuratorate, said that according to Article 196 of the Criminal Law of People's Republic of China (PRC), "malicious overdraft" belongs to the crime of credit card fraud. This judicial interpretation of "two highs" clearly stipulates the conditions for "malicious overdraft" to constitute a crime.

Legal basis: Criminal Law of People's Republic of China (PRC).

Article 177 Whoever forges or alters financial bills under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or only be fined not less than 20,000 yuan but not more than 200,000 yuan; If the circumstances are serious, 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 50,000 yuan but not more than 500,000 yuan; If the circumstances are especially serious, 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:

(1) Forging or altering bills of exchange, promissory notes and cheques;

(2) Forging or altering other bank settlement vouchers such as entrusted collection vouchers, remittance vouchers and bank deposit vouchers;

(3) Forging or altering letters of credit or accompanying documents and documents;

(4) Forged credit cards.

Article 196 Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.

Whoever commits credit card fraud in any of the following circumstances, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 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 50,000 yuan but not more than 500,000 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:

(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;

(2) Using an invalid credit card;

(3) Fraudulent use of another person's credit card;

(4) malicious overdraft.

The term "malicious overdraft" as 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. Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.

Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management Article 1 Anyone who copies another person's credit card, writes the information of another person's credit card into a magnetic stripe medium or chip, or forges multiple credit cards by other means shall be deemed as "forging credit cards" as stipulated in Item 4, Paragraph 1, Article 177 of the Criminal Law, and shall be convicted and punished for the crime of forging financial tickets. Whoever forges more than ten blank credit cards shall be deemed as "forging credit cards" as stipulated in Item 4, Paragraph 1, Article 177 of the Criminal Law, and shall be convicted and punished for the crime of forging financial tickets. Forged credit cards, in any of the following circumstances, shall be deemed as "serious circumstances" as stipulated in Article 177th of the Criminal Law:

(1) Forging more than five credit cards but less than twenty-five;

(2) Forging the credit card balance and overdraft limit, and the single or total amount is more than 200,000 yuan but less than1000,000 yuan;

(3) Forging more than 50 blank credit cards but less than 250;

(4) Other serious circumstances.

Forged credit cards, under any of the following circumstances, shall be deemed as "especially serious circumstances" as stipulated in Article 177th of the Criminal Law:

(1) Forging more than 25 credit cards;

(2) Forging the credit card balance and overdraft limit, individually or in total, of more than one million yuan;

(3) Forging more than 250 blank credit cards;

(4) Other particularly serious circumstances.

The credit card balance and overdraft limit mentioned in this article refer to the highest deposit balance and overdraft limit recorded by the issuing bank after the credit card is forged.