Legal analysis: According to the laws of our country, anyone who maliciously overdraws a credit card with an amount of more than 1, yuan should file a case for prosecution. Malicious overdraft means that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession. And it has not been returned for more than three months after being collected twice by the issuing bank. Malicious overdraft, the amount is more than 1, yuan but less than 1, yuan, and all overdraft interest has been repaid before the public security organ files a case, and the circumstances are obviously minor. Can not be investigated for criminal responsibility according to law.

Legal basis: Article 196 of the Criminal Law of the People's Republic of China commits credit card fraud under 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: < 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.