for the financial industry, bank cards are divided into DebitCards and credit cards. Among them, a debit card refers to a bank card without overdraft function, which can be applied by anyone, and the cardholder needs to deposit in the card first, and then the card can be used for consumption and cash withdrawal within the deposit limit. CreditCard, also called credit card, has the function of overdraft, that is, the cardholder can spend and withdraw cash within the credit line given by the bank without prior deposit. Financial institutions will review the credit status of credit card applicants and issue credit cards only to those with qualified credit status. It can be seen that credit cards and debit cards are two different bank cards for financial institutions.
However, whether it is a credit card or a debit card, it may be forged by others, or the card holder commits fraud, which will cause losses to the cardholder or financial institutions. It is also necessary to use criminal law to protect the debit card. Contrary to the understanding of the financial industry, debit cards are also credit cards in criminal law. In short, all bank cards with all or part of financial functions issued by banks belong to credit cards in criminal law. If the perpetrator mistakenly believes that the debit card does not belong to the credit card, it will not affect the establishment of the perpetrator's credit card crime.
Specific charges related to credit card crimes
In order to realize the comprehensive protection of credit cards, the criminal law provides a strict criminal law network for credit card crimes
1. In the production process, the criminal law sets up the crime of forging financial tickets for the act of forging credit cards; In the application, acquisition and possession of credit cards, the criminal law has set up the crime of obstructing credit card management;
2. in the use of credit cards, the criminal law has set up the crime of credit card fraud; In the protection of credit card information, the criminal law has set up the crime of stealing, buying and illegally providing credit card information.
Legal basis
Interpretation of the provisions on credit cards in the Criminal Law of the People's Republic of China
The "credit card" as stipulated in the Criminal Law refers to an electronic payment card issued by a commercial bank or other financial institution with all or some functions such as consumer payment, credit loan, transfer settlement and cash deposit and withdrawal.