The standard of filing a case for the credit card overdue investigation brigade is that the perpetrator has the purpose of illegal possession and maliciously overdraws. Malicious overdraft is reflected in the case that the cardholder overdraws beyond the prescribed limit or term for the purpose of illegal possession, and has not returned it after being effectively collected by the issuing bank for more than three months.

legal ground

Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management Article 6, paragraph 1.

If the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it for more than three months after being effectively collected by the issuing bank twice, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law.

Article 8

Malicious overdraft, the amount of which is more than 50,000 yuan but less than 500,000 yuan, shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 500,000 yuan but less than 5 million yuan, it shall be deemed as "a huge amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 5 million yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law.