Article 54 of the Provisions on the Standards for Criminal Cases under the Jurisdiction of Public Security Organs [Credit Card Fraud (Article 196 of the Criminal Law)] If a person is suspected of credit card fraud, he shall file a case for prosecution under any of the following circumstances:
(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) Malicious overdraft, the amount of which is more than 1 10,000 yuan.
The term "malicious overdraft" as mentioned in this article refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and has not returned it for more than three months after being repeatedly urged by the issuing bank.
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.
According to Article 7 of the Measures for the Supervision and Administration of Credit Card Business of Commercial Banks, credit cards refer to all kinds of media that record the relevant information of cardholders' accounts, have the functions of bank credit line and overdraft, and provide relevant banking services for cardholders.
The credit card stipulated in the relevant laws of our country (Interpretation of the Provisions of NPC Standing Committee on Credit Cards) refers to the electronic payment card issued by commercial banks or other financial institutions with all or part of the functions of consumer payment, credit loan, transfer settlement, cash deposit and withdrawal, etc. 20 17 12 1, the English translation and writing standard for public services was formally implemented, and the English names of credit cards were specified.
Credit card consumption is a non-cash transaction payment method, and there is no need to pay cash when spending, and repayment is made on the billing day.
Credit cards are divided into credit cards and quasi-credit cards. Credit card refers to a credit card in which the cardholder has a certain credit limit and can spend first and then repay. Quasi-credit card refers to a quasi-credit card in which the cardholder deposits a certain amount of reserve fund according to the regulations, and when the balance of the reserve fund account is insufficient to pay, it can be overdrawn within the prescribed credit limit. Credit cards generally refer to credit cards.
From the date of 202 1 1 1, the credit card overdraft interest rate is determined by the card issuer and the cardholder through independent negotiation, and the upper and lower limit management of the credit card overdraft interest rate is cancelled (the original upper limit is 0.7 times of the daily interest rate, and the lower limit is 0.7 times of the daily interest rate).
On May 25th, 2002/KLOC-0, the Supreme People's Court promulgated and implemented the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Civil Disputes over Bank Cards.