Generally speaking, credit card overdraft is a normal consumption behavior and not a crime. However, if a credit card overdraft reaches a criminal situation stipulated by law, it may constitute a crime. The criminal situation stipulated by the law refers to malicious overdraft. The specific standards are as follows. Firstly, the amount must reach more than 10,000 yuan. Secondly, the credit card issuing unit needs to make two reminders. Thirdly, if the credit card is not returned within 3 months after being reminded twice, it will be May constitute a credit card crime. At the same time, the crime of credit card fraud is divided into three levels. The first is the larger amount. Our country stipulates that it is more than 10,000 yuan and less than 100,000 yuan. For this level, it is sentenced to fixed-term imprisonment of less than 5 years or criminal detention. In the second level, if the amount is huge, you may be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years. In the third level, if the amount is extremely large or there are other particularly serious circumstances, the person will be sentenced to fixed-term imprisonment of more than 10 years or even life imprisonment. Therefore, it can be said that the cost of committing this crime is very high. It is recommended that everyone has a plan, makes credit card purchases, and repays on schedule.

Legal Basis

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

Article 196 Under any of the following circumstances, credit card fraud activities are carried out , where the amount is relatively large, the sentence is to be not less than five years in prison or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan; A fine of not less than 10,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be not less than 10 years in prison or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation:

(1) Using a forged credit card, or using a credit card fraudulently obtained with false identity certificates;

(2) Using an expired credit card;

(3) ) Pretend to use other people’s credit cards;

(4) Malicious overdraft.

The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-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. ”