Legal basis: Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the standards for filing and prosecuting criminal cases under the jurisdiction of public security organs (II)
Fifty-fourth credit card fraud activities, suspected of one of the following circumstances, should be filed for prosecution:
(1) Using forged credit cards, or using forged identity documents to defraud credit cards, or using invalid credit cards, or fraudulently using other people's credit cards to engage in fraudulent activities, with an amount of more than 5,000 yuan; (2) The amount of malicious overdraft is more than 10,000 yuan.
The term "malicious overdraft" as mentioned in this article refers to the overdraft behavior of the cardholder for the purpose of illegal possession, which exceeds the prescribed limit or time limit, and is still not returned by the card-issuing bank for more than three months after twice collection.
Malicious overdraft, the amount of which is more than 1 10,000 yuan but less than110,000 yuan, has been fully repaid before the public security organ files a case. If the circumstances are obviously minor, criminal responsibility may not be investigated according to law.