Stealing someone else's bank card may constitute the crime of theft or credit card fraud, depending on the crime. If you use someone else's credit card to commit fraud, it constitutes credit card fraud. Relatively speaking, the standard for filing a case for the crime of theft is lower. Many places stipulate that the value of stolen property of 3,000 yuan constitutes the standard for filing a case for prosecution.

What are the characteristics of the crime of credit card fraud?

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

2. The subject of this crime is a general subject, and natural persons can become the criminal subject of this crime.

3. The subjective aspect of this crime 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.

What is the sentencing standard for the crime of credit card fraud?

Whoever commits credit card fraud in any of the following circumstances and 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 sentenced to: A fine of 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 10 years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other special circumstances If the circumstances are serious, the person shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or have property confiscated:

1. Using a forged credit card, or using a false identity Prove that the credit card was obtained fraudulently;

2. Use an expired credit card;

3. Pretend to use another person’s credit card;

4. Malicious overdraft.

The term "malicious overdraft" as mentioned in the law refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession, and still not returning the card after being called by the card-issuing bank.

Legal basis:

Article 264 of the "Criminal Law of the People's Republic of China" Whoever steals, steals with a weapon, or pickpockets shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also or solely be fined; 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 10 years, and shall also be fined; If the amount is particularly huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated.