Current location - Trademark Inquiry Complete Network - Overdue credit card - How long does it usually take for banks to prosecute credit card fraud?
How long does it usually take for banks to prosecute credit card fraud?

How long does it usually take for a bank to prosecute for credit card fraud? From bank collection to outsourcing or legal collection, it usually takes 3-6 months, so it won’t take too long. Paying back debts is a matter of course. In addition, the cardholder will be entered into the list of scammers, credit blacklist, etc. If he enters the police station, his criminal record will be registered. 1. As long as money is owed, the bank may sue, which is decided by the bank; 2. If the amount owed reaches more than 10,000 and is not returned for more than 3 months after two collections by the card-issuing bank, it shall be deemed It is a "malicious overdraft" under the criminal law and is suspected of credit card fraud; 3. The amount of malicious overdraft is relatively large and all the overdraft interest has been repaid before the public security organ files the case. If the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law. 4. Legal basis: " Criminal Law Article 196: Whoever commits the crime of credit card fraud or theft under one of the following circumstances and commits credit card fraud if the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not less than 200,000 yuan. A fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is extremely 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 a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to a fixed-term imprisonment of not less than five years but not more than ten years. Fixed-term imprisonment or life imprisonment and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or confiscation of property: (1) Using a counterfeit credit card; (2) Using an invalid credit card; (3) Fraudulently using another person’s credit card; ( 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. Relevant laws "Interpretations 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 Obstructing the Management of Credit Cards" Article 6 The cardholder exceeds the prescribed limit or overdrafts within the prescribed period for the purpose of illegal possession, and the card-issuing bank has If the money is not returned more than three months after the first collection, it shall be deemed as a "malicious overdraft" as stipulated in Article 196 of the Criminal Law. If any of the following circumstances occurs, it shall be deemed as "illegal possession for the purpose" as stipulated in the second paragraph of Article 196 of the Criminal Law: (1) A large amount of overdraft, knowing that there is no ability to repay, cannot be returned; (2) Wantlessly squandering overdraft funds that cannot be returned; (3) Escape after overdraft, change contact information, and evade bank collection; (4) Escape and transfer funds, hide property, and evade repayment; (5) Use overdraft funds to conduct Illegal and criminal activities; (6) Other behaviors of illegally possessing funds and refusing to return them. Malicious overdraft, if the amount is more than 10,000 yuan but less than 100,000 yuan, shall be deemed as a "relatively large amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 100,000 yuan but less than 1 million yuan, it shall be deemed as a "large amount" under the Criminal Law. "Huge amount" as stipulated in Article 196; if the amount is more than 1 million yuan, it shall be deemed as "especially 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 the amount that has not been returned under the conditions specified in the first paragraph. Excludes compound interest, late fees, handling fees and other fees charged by the card-issuing bank. Malicious overdrafts should be investigated for criminal liability, but if all overdrafts and interests have been repaid after the public security organ files the case and before the people's court makes a judgment, they may be given a lighter punishment. If the circumstances are minor, they may be exempted from punishment. If the malicious overdraft amount is relatively large and all the overdraft interest has been repaid before the public security organ files the case, and the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law. Specifically, look at the credit card overdraft limit. If it does not exceed 5,000, it does not constitute credit card fraud. If it exceeds 5,000 and is not repaid, it constitutes credit card fraud. Due to the increase in economic pressure, many people will choose credit cards for consumption to relieve their financial pressure. The more credit cards you have, the easier it will be to spend. In the end, you may not be able to repay as scheduled because you owe too much and cannot repay it. If the amount of arrears is huge, it will If a party is sued for credit card fraud, the prosecution time usually takes 3-6 months.