Credit card is a kind of debit card, and the cardholder can spend it by swiping the card within the credit limit of the credit card. After spending it by swiping the card, the debt should be repaid in time. If the credit card is overdrawn and the debt is not repaid, it may constitute a crime. How to deal with the overdue criminal proceedings of the credit card? Net Xiaobian collates relevant knowledge, hoping to help everyone. I. How to deal with overdue criminal proceedings of credit cards After overdrawing credit card consumption, if criminal proceedings are initiated if the arrears are not repaid within the time limit, the defendant may entrust a lawyer as a defender to defend. Article 34 of the Criminal Procedure Law of the People's Republic of China * * * A criminal suspect has the right to entrust a defender from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures; During the investigation, only lawyers can be entrusted as defenders. The defendant has the right to entrust a defender at any time. When interrogating a criminal suspect for the first time or taking compulsory measures against him, the investigation organ shall inform him that he has the right to entrust a defender. The people's procuratorate shall, within three days from the date of receiving the case materials transferred for examination and prosecution, inform the criminal suspect that he has the right to entrust a defender. The people's court shall, within three days from the date of accepting the case, inform the defendant of the right to entrust a defender. If a criminal suspect or defendant requests to entrust a defender while in custody, the people's court, the people's procuratorate and the public security organ shall timely convey his request. If a criminal suspect or defendant is in custody, his guardian or close relative may also entrust a defender on his behalf. After accepting the entrustment of the criminal suspect or defendant, the defender shall promptly inform the organ handling the case. Second, the performance of the crime of credit card fraud 1. Using a forged credit card The so-called forged credit card refers to a credit card made by imitating the texture, pattern, plate, pattern and magnetic stripe password of the credit card. The so-called use refers to the act of using forged credit cards to defraud other people's property for the purpose of illegally possessing other people's property. Including buying goods with forged credit cards, withdrawing cash, and accepting various services with forged credit cards. 2. Credit cards that are invalidated by using invalid credit cards refer to expired credit cards, invalid credit cards, credit cards that are declared invalid according to law and relevant regulations, credit cards that the cardholder stops using during the validity period of the credit card and returns them to the issuing bank, and credit cards that are invalid due to loss reporting. In addition, using invalid credit cards also includes using altered cards. The so-called altered card refers to an invalid credit card whose card number has been altered. These credit cards themselves are listed on the stop payment list because of loss reporting or cancellation, but one number on the card is flattened and then another new number is pressed to escape the blacklist search. Therefore, the altered card is also a kind of fake card. 3. Fraudulent use of another person's credit card refers to the act that a non-cardholder uses the cardholder's credit card in the name of the cardholder to defraud property. According to China's regulations on credit cards, credit cards are limited to legitimate cardholders and cannot be lent or transferred, which is also a principle generally followed by all countries. However, if the credit card and the ID card are put together and lost at the same time, it may create opportunities for the picker or the thief to use it fraudulently. After obtaining someone else's credit card, these pickers or thieves may take advantage of the time difference before the cardholder discovers the loss, or take advantage of the stop payment management to impersonate the identity of the card owner and imitate the signature of the card owner, and go to a credit card merchant or bank to shop for money or enjoy services. These are several common cases of fraudulent use of someone else's credit card. 4. Malicious overdraft refers to the act of allowing customers to withdraw money beyond the amount of funds in their accounts with the approval of the bank when the customers who set up accounts in the bank have no funds or insufficient funds. Overdraft is essentially a bank lending money to customers. Through the above analysis, we know that according to the provisions of the Criminal Procedure Law, a criminal suspect has the right to entrust a defender to defend himself from the day when he is interrogated for the first time by the investigation organ or takes compulsory measures. Therefore, if a defendant is sued for credit card fraud, he may entrust a defender. If you need legal help, readers can consult online. Legal objectivity:

Article 196 of the Criminal Law commits credit card fraud in any of the following circumstances, and if the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 2, yuan but not more than 2, 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 5, yuan but not more than 5, 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 1 years or life imprisonment, and shall also be fined not less than 5, yuan but not more than 5, yuan, or his property shall be confiscated: (1) using a forged credit card or using a credit card fraudulently obtained with a false identity card; (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 act that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and still refuses to return it after being urged by the issuing bank. Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.