According to Article 54 of the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards of Public Security Organs' Jurisdiction over Criminal Cases (II), if credit card fraud is suspected of one of the following circumstances, it should be filed for prosecution: (1) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate, or using an invalid credit card, or fraudulently using someone else's credit card for fraud activities with an amount of more than 5,000 yuan; According to the provisions of the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management (revised in October 20 18 1 8, and implemented in February 20 18), credit card fraud activities are carried out by using forged credit cards, credit cards fraudulently obtained with false identification, invalid credit cards or fraudulent use of other people's credit cards1. The amount is relatively large: more than 5,000 yuan and less than 50,000 yuan. 2. The amount is huge: more than 50,000 yuan but less than 500,000 yuan. The amount is huge: more than 500,000 yuan. 2. Malicious overdraft. 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 effectively collected by the issuing bank twice. The amount of malicious overdraft refers to the actual overdraft principal amount that has not been returned when the public security organ files a criminal case, excluding interest, compound interest, late fees, handling fees and other fees charged by the issuing bank. The amount returned or paid shall be regarded as the return of the actual overdraft principal. If the amount of malicious overdraft is large, it will be returned in full before public prosecution, or if there are other minor circumstances, public prosecution may not be initiated; If all of them are returned before the judgment of first instance or there are other minor circumstances, they may be exempted from criminal punishment. Except for those who have been punished for credit card fraud for more than two times. Judging from the provisions of the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management (revised in June 20 18 and implemented in February 20 18), the amount is 1, which is relatively large: more than 50,000 yuan but less than 500,000 yuan.

Legal objectivity:

Article 196 of the Criminal Law Whoever commits credit card fraud under any of the following circumstances, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated: (1) using a forged credit card or using a credit card fraudulently obtained with false identification; (2) Using an invalid credit card; (3) Fraudulent use of another person's credit card; (4) malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank.