If the credit card is overdue and meets the following conditions, the public security organ shall file a case:

1. If it is believed that there are criminal facts;

2. The amount of the suspected crime, the result or Other circumstances meet the prosecution standards for economic crime cases and require criminal liability;

3. It falls under the jurisdiction of the public security organ.

The Economic Investigation Brigade’s procedures for filing a credit card fraud case:

(1) Understand the situation

After asking about the situation, a transcript should be made and a recording can be made if necessary. After accepting the case, the "Registration Form for Accepting Criminal Cases" should be filled out.

(2) Preliminary investigation

After the public security organ accepts the report, it must promptly conduct preliminary verification and verification of the circumstances of the case and the evidence materials. If the contents of the report and the preliminary verification are true, If it violates the criminal law and constitutes a crime, a case should be opened for investigation. If it does not constitute a crime or does not fall under the jurisdiction of economic investigation, it should be transferred to the competent department in a timely manner in accordance with relevant regulations.

(3) Economic investigation filing

The economic investigation department shall file for investigation any case that is deemed to constitute a crime upon investigation and verification. Case filing is the first step in the investigation of economic cases, and investigative measures and investigative methods can be adopted in accordance with the law as necessary.

Credit card reporting materials include:

1. Written reporting materials. The unit’s reporting materials should be stamped with the official seal.

2. Written materials from the victim, handler and other parties truthfully stating the circumstances of the case.

3. The criminal suspect’s registration information when applying for a card account or the information of the credit card user who has been misappropriated or fraudulently used.

4. Bank statements of the defrauded funds and bank collection notices.

5. Other evidence available to prove that the suspect used credit card fraud.

6. The starting point of this crime: more than 5,000 yuan.

Anyone who uses a forged credit card to commit fraud or maliciously overdrafts a credit card should be prosecuted. The penalties for fraud vary depending on the degree of fraud. If the amount is relatively large, the offender will be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan. Therefore, in our lives we must not only avoid being deceived, but also be careful not to participate in fraud.

Legal Basis

"Criminal Procedure Law"

Article 109: When the public security organ or the People's Procuratorate discovers criminal facts or criminal suspects, it shall follow the jurisdiction Scope, open a case for investigation.