Whether using someone else’s credit card constitutes a crime depends on whether it meets the requirements for the crime of “credit card fraud.” The details are as follows:

1. The criminal subject is a general subject and can only be composed of natural persons.

2. The perpetrator is subjectively intentional and has the purpose of illegal possession.

3. The object is a complex object, that is, the management order of credit cards and the ownership of public and private property.

4. The objective specific manifestations are: using the credit card in the name of the cardholder without the cardholder's consent or authorization to conduct fraudulent activities such as shopping, consumption, and cash withdrawal within the credit card business.

A credit card is a financial card that the applicant applies to the bank and can overdraft a certain amount, but it needs to be repaid within the agreed period. The credit card can be used by yourself or lent to others. It is illegal to swipe someone else's credit card without the consent of the card owner.

Legal Basis

"Criminal Law of the People's Republic of China"

Article 177 The crime of forging or altering financial instruments includes the following circumstances 1. Whoever forges or alters financial instruments shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely be fined not less than 20,000 yuan but not more than 200,000 yuan; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years. and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; if the circumstances are particularly serious, 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 have his property confiscated:

(1) Forging or altering bills of exchange, promissory notes, checks;

(2) Forging or altering entrusted collection vouchers, remittance vouchers, bank deposit certificates and other bank settlement vouchers;

(3) Forging or altering letters of credit or accompanying documents and documents;

(4) Forging credit cards.

If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph. Article 177-1 The crime of obstructing credit card management falls under any of the following circumstances. Anyone who obstructs credit card management shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined not less than 10,000 yuan but not more than 100,000 yuan; if the amount is huge; Or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan:

(1) Knowingly holding or transporting a counterfeit credit card or knowingly holds and transports counterfeit blank credit cards in large quantities;

(2) Illegally holds other people’s credit cards in large quantities;

(iii) ) Use false identity certificates to fraudulently obtain credit cards;

(4) Sell, purchase, or provide others with forged credit cards or fraudulently obtain credit cards with false identity certificates.

The crime of stealing, bribing, or illegally providing credit card information. Anyone who steals, bribes, or illegally provides other people's credit card information shall be punished in accordance with the provisions of the preceding paragraph.

If a staff member of a bank or other financial institution takes advantage of his position to commit the crime in Paragraph 2, he shall be severely punished.