Detention is detention, detention. In case of emergency, the public security organ temporarily detains the person who needs to be investigated according to law; Administrative detention refers to the detention of people who violate the administration of public security by public security organs, which generally does not exceed fifteen days, and the longest combined punishment does not exceed twenty days [1]. Administrative detention is the most severe administrative punishment. If the punished person refuses to accept the decision on administrative punishment for public security, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.
If you need to go to jail, it should constitute a malicious overdraft. Malicious overdraft is a crime.
The so-called "malicious overdraft" refers to the overdraft behavior of the cardholder (bank credit card) who simply doesn't want to repay or can't afford to repay in order to keep the overdraft for himself, and absconds to escape the debt. On June 5438+February 65438+May, 2009, China the Supreme People's Court and the Supreme People's Procuratorate jointly issued the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management, claiming that banks had maliciously overdrawn their credit cards twice in March and failed to repay them. According to Article 196 of the Criminal Law of People's Republic of China (PRC), "malicious overdraft" belongs to credit card fraud.
Article 196th of the Criminal Law of People's Republic of China (PRC)
Whoever commits credit card fraud in any of the following circumstances, 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 more than 200,000 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 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;
(2) Using an invalid credit card;
(3) Fraudulent use of another person's credit card;
(4) malicious overdraft.