for specific legal provisions, please refer to article 196 of the criminal law of the people's Republic of China, the notice on strengthening the crackdown on malicious overdraft of credit cards issued by the Ministry of public security and the people's bank of China [2] No.65, and articles 14 and 21 of the National People's Congress Standing Committee (NPCSC)'s decision on punishing crimes undermining financial order.
Attachment:
Article 196 of the Criminal Law of the People's Republic of China
: 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 2, but not more than 2,; 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 5, but not more than 5,; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined not less than 5, yuan but not more than 5, yuan, or his property shall be confiscated: < P > (1) Using forged credit cards;
(2) using an invalid credit card;
(3) fraudulent use of another person's credit card;
(4) malicious overdraft;
the malicious overdraft 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.
the Supreme People's Procuratorate, the Supreme People's Court
Explanation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management
(Adopted at the 1475th Meeting of the Judicial Committee of the Supreme People's Court on October 12, 29 and the 22nd Meeting of the 11th Procuratorial Committee of the Supreme People's Procuratorate on November 12, 29)
Article 6 A cardholder overdraws beyond the prescribed limit or within the prescribed time limit for the purpose of illegal possession, and it has been more than 3 months after being twice collected by the issuing bank. Under any of the following circumstances, it shall be deemed as "for the purpose of illegal possession" as stipulated in the second paragraph of Article 196 of the Criminal Law:
(1) knowing that there is no repayment ability, a large amount of overdraft cannot be returned;
(2) the overdrawn funds are squandered and cannot be returned;
(3) escaping after overdraft, changing contact information, and evading bank collection;
(4) Evading or transferring funds, concealing property and evading repayment;
(5) using overdrawn funds for illegal and criminal activities;
(6) other illegal possession of funds and refusal to return them.
criminal responsibility should be investigated for malicious overdraft. however, if the overdraft interest has been fully repaid before the people's court makes a judgment after the public security organ files a case, the punishment may be given a lighter punishment, and if the circumstances are minor, the punishment may be exempted. If the amount of malicious overdraft is large, and all overdraft interest has been repaid before the public security organ files a case, if the circumstances are obviously minor, criminal responsibility may not be investigated according to law!