If you have a credit card debt, you should pay it off in time to avoid any impact on yourself due to overdue payment.

1. The Supreme People's Court and the Supreme People's Procuratorate jointly issued the "Interpretation on Several Issues Concerning the Specific Application of Laws in Criminal Cases of Impeding the Management of Credit Cards", calling the bank's two collections that were not repaid in March a malicious overdraft.

1. In the judicial interpretation, two restrictions were added to "malicious overdraft": first, two collections from the issuing bank; second, failure to return the card for more than three months.

2. Because the credit card fraud crime of "malicious overdraft" is an intentional crime, it subjectively has the purpose of illegal possession, which is a very important component of the behavior.

3. This judicial interpretation clarified the amount of "malicious overdraft". The amount of "malicious overdraft" refers to the amount that has been refused to be returned and has not yet been returned, excluding late fees, compound interest and other fees charged by the issuing bank. .

4. According to the criminal policy of balancing leniency with severity, those who repay the overdraft interest before the court has made a judgment or the public security organ has not filed a case will be treated lightly or not be held criminally responsible. In this way, those " The fraudulent behavior of "malicious overdraft" also plays the warning and educational role of the law, minimizing the criminal attack area as much as possible.

2. According to Article 196 of the Criminal Law of the People's Republic of China, "malicious overdraft" is a criminal act of credit card fraud.

1. Criminal Law Article 266 Whoever defrauds public or private property and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or solely be fined; if the amount is huge or there are other serious If the amount is particularly huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and shall also be fined; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or his property shall be confiscated.

2. Article 196 of the Criminal Law stipulates: Malicious overdraft with an amount of more than 10,000 yuan but less than 100,000 yuan shall be deemed as a "relative amount" as stipulated in Article 196 of the Criminal Law. If the amount is more than 100,000 yuan and less than 1 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 1 million yuan, it shall be deemed as a "huge amount" as stipulated in Article 196 of the Criminal Law; The “amount is particularly huge” as stipulated in Article 6.