2. If the amount owed reaches more than 1, yuan and is still not returned for more than 3 months after being collected twice by the issuing bank, it shall be deemed as "malicious overdraft" in criminal law and suspected of credit card fraud.
3. If the amount of malicious overdraft is large, and all the overdraft interest has been repaid before the public security organ files the case, and the circumstances are obviously minor, criminal responsibility may not be investigated according to law.
4. Legal basis: Article 196 of the Criminal Law commits the crime of credit card fraud and theft under any of the following circumstances, and if the amount involved is relatively large, he 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: < P > (1) Using forged credit cards;
(2) using an invalid credit card;
(3) fraudulent use of another person's credit card;
(4) malicious overdraft.
the malicious overdraft 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.
Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management Article 6 If a cardholder overdraws beyond the prescribed limit or within the prescribed time limit for the purpose of illegal possession, and fails to return it for more than 3 months after being repeatedly urged by the issuing bank, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law.
under any of the following circumstances, it shall be deemed as "for the purpose of illegal possession" as stipulated in the second paragraph of Article 196 of the Criminal Law:
(1) knowing that there is no repayment ability, a large amount of overdraft cannot be returned;
(2) the overdrawn funds are squandered and cannot be returned;
(3) escaping after overdraft, changing contact information, and evading bank collection;
(4) Evading or transferring funds, concealing property and evading repayment;
(5) using overdrawn funds for illegal and criminal activities;
(6) other illegal possession of funds and refusal to return them.
malicious overdraft, the amount of which is more than 1, yuan but less than 1, yuan, shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 1, yuan but 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 "extremely huge amount" as stipulated in Article 196 of the Criminal Law.
the amount of malicious overdraft refers to the amount that the cardholder refuses to return or has not returned under the conditions specified in the first paragraph. Does not include compound interest, late fees, handling fees and other fees charged by the issuing bank.
criminal responsibility should be investigated for malicious overdraft. however, if the overdraft interest has been fully repaid before the people's court makes a judgment after the public security organ files a case, the punishment may be given a lighter punishment, and if the circumstances are minor, the punishment may be exempted. If the amount of malicious overdraft is relatively large, and all overdraft interest has been repaid before the public security organ files a case, and the circumstances are obviously minor, criminal responsibility may not be investigated according to law.