According to the provisions of the Criminal Procedure Law, if a credit card is defrauded, the victim can collect evidence related to the fraud such as transfer records and consumption records; Then report the case to the public security organ, let the public security organ intervene in the investigation and investigate the criminal responsibility of the fraudster. What to do about credit card fraud? Here's a detailed answer from Bian Xiao. 1. What should I do if my credit card is cheated 1. If the credit card is cheated, it can be handled in the following ways: (1). Victims can collect evidence related to fraud, such as transfer records and consumption records; (2) The victim may report the case to the public security organ. If the case constitutes a crime, the public security organ will intervene in the investigation, investigate the criminal responsibility of the fraudster and recover the losses of the victim. 2. Legal basis: Article 1 10 of the Criminal Procedure Law of People's Republic of China (PRC). Any unit or individual who discovers criminal facts or suspects has the right and obligation to report to the public security organ, the people's procuratorate or the people's court. Victims have the right to report and accuse criminal facts or criminal suspects who infringe their personal and property rights to public security organs, people's procuratorates or people's courts. Public security organs, people's procuratorates or people's courts shall accept reports, complaints and reports. If it does not belong to its own jurisdiction, it shall be transferred to the competent authority for handling, and the informant, complainant and informant shall be notified; For those who are not under their jurisdiction and must take emergency measures, they should take emergency measures first and then transfer them to the competent department. Where a criminal surrenders himself to a public security organ, a people's procuratorate or a people's court, the provisions of the third paragraph shall apply. Second, the performance of credit card fraud 1, the use of forged credit cards The so-called forged credit cards refer to credit cards made by imitating the texture, pattern, version, pattern and magnetic stripe password of credit cards. The so-called use refers to the act of using forged credit cards to defraud other people's property for the purpose of illegally possessing other people's property. Including buying goods with forged credit cards, withdrawing cash and accepting various services with forged credit cards. 2. Credit cards that have been abolished due to the crime of illegal fund-raising by using invalid credit cards refer to expired credit cards, invalid credit cards, credit cards that have been declared invalid according to laws and relevant regulations, credit cards that the cardholder stops using and returns the crime of illegal fund-raising to the issuing bank within the validity period of the credit cards, and credit cards that have become invalid due to loss reporting. In addition, using invalid credit cards also includes using altered cards. The so-called altered card refers to an invalid credit card whose card number has been altered. These credit cards themselves were listed on the stop payment list because of the loss report or cancellation of illegal fund-raising, but after a certain number on the card was flattened, another new number was pressed to avoid blacklist search. Therefore, the altered card is also a fake card. 3. Fraudulent use of another person's credit card refers to the act of non-cardholders using the cardholder's credit card to defraud property in the name of the cardholder. According to the regulations related to the crime of credit card fraud and the crime of illegal fund-raising, credit cards are only used by legitimate cardholders and cannot be lent or transferred, which is also a principle generally followed by all countries. However, if you put the credit card and ID card together and report the loss for the crime of illegal fund-raising, it may create opportunities for the thief or the thief to use it fraudulently. After obtaining someone else's credit card, these unscrupulous pickpockets or thieves may take advantage of the time difference before the cardholder discovers the loss, or use the stop payment management to impersonate the cardholder for the crime of illegal fund-raising, imitate the cardholder's signature, and go shopping at credit card merchants or banks to withdraw money or enjoy services. The above are several common cases of fraudulent use of other people's credit cards. 4. Malicious overdraft refers to the act of allowing customers to withdraw money beyond the amount of funds in their accounts with the approval of the bank when the customers who open accounts in the bank have no funds or insufficient funds. Overdraft is essentially a bank lending money to customers. The so-called malicious overdraft, according to the second paragraph of Article 196 of the Criminal Law on the crime of illegal fund-raising, refers to the behavior of credit card holders who overdraw beyond the prescribed limit or time limit for the purpose of illegal possession and refuse to return it after being collected by the issuing bank. The essential difference between goodwill overdraft and malicious overdraft is that the crime of illegal fund-raising lies in the subjective differences of the actors. Both of them have caused overdraft objectively, but the doer of goodwill overdraft subjectively has the intention to use it first and then repay it, and then return the overdraft and interest, while the doer of malicious overdraft takes the overdraft as his own on the grounds of illegal fund-raising, and does not want to repay it at all or is unable to repay it, so there is debt absconding in his behavior. According to the provisions of the Criminal Procedure Law, if a credit card is defrauded, the victim can collect evidence related to the fraud such as transfer records and consumption records; Then report the case to the public security organ, let the public security organ intervene in the investigation and investigate the criminal responsibility of the fraudster. I hope the above content can help you. If you have any other questions, please click the button below or consult a professional lawyer online.

Legal objectivity:

Criminal law of the people's Republic of China

Article 196

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.