According to Article 9 of the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management? The amount of malicious overdraft refers to the actual overdraft principal amount that has not been returned when the public security organ files a criminal case, excluding interest, compound interest, late fees, handling fees and other fees charged by the issuing bank. The amount returned or paid shall be regarded as the return of the actual overdraft principal.
When examining and prosecuting, the procuratorial organ shall examine and determine the amount of malicious overdraft according to the transaction details, classified bills (overdraft bills, repayment bills) and other evidence materials provided by the issuing bank, combined with the excuses, defense opinions and relevant evidence materials put forward by the criminal suspect, defendant and their defenders;
If it is difficult to determine the amount of malicious overdraft, it shall be examined and determined according to evidence materials such as judicial accounting and audit reports. In the course of trial, the people's court shall determine the amount of malicious overdraft on the basis of verifying the above-mentioned evidence materials. The relevant evidential materials provided by the issuing bank shall have the signature of the bank staff and the official seal of the bank.
Extended data:
Article 6 of the Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Impairment of Credit Card Management? If the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it for more than three months after being effectively collected by the issuing bank twice, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law.
The purpose of illegal possession should be judged according to the cardholder's credit history, repayment ability and willingness, the application and overdraft of credit cards, the use of overdraft funds, the performance after overdraft, and the reasons for not repaying according to regulations. It is not allowed to identify the purpose of illegal possession just because the cardholder fails to repay the loan according to the regulations.
In 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, unless there is evidence to prove that the cardholder does not have the purpose of illegal possession:
(a) knowing that there is no repayment ability and a large amount of overdraft can not be returned;
(2) After applying for a credit card with a false credit certificate, it is overdrawn and cannot be returned;
(3) Escaping after overdraft or changing contact information to avoid bank collection;
(4) evading or transferring funds, concealing property or evading repayment;
(five) the use of overdraft funds for criminal activities;
(six) other illegal possession of funds, refused to return.
The Supreme People's Procuratorate —— Specific application law for handling criminal cases of obstruction of credit card management.