After the crime of credit card entry is changed to 5,, those who owe less than 5, can also be prosecuted, but they will not be prosecuted as criminal cases, but as civil cases.

according to article 8 of the interpretation of several issues concerning the specific application of law in handling criminal cases of obstruction of credit card management? Malicious overdraft, the amount of which is more than 5, yuan but less than 5, yuan, shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 5, yuan but less than 5 million yuan, it shall be deemed as "a huge amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 5 million yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law.

article 9? 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 deemed as the return of the actual overdraft principal. When examining and prosecuting, the procuratorial organ shall, according to the transaction details, classified bills (overdraft bills, repayment bills) and other evidence materials provided by the issuing bank;

review and determine the amount of malicious overdraft in combination with the excuses, defense opinions and relevant evidence materials put forward by the criminal suspect, defendant and their defenders; If the amount of malicious overdraft is difficult to determine, it shall be examined and determined according to judicial accounting and audit reports and other evidence materials. In the course of trial, the people's court shall, on the basis of verifying the above-mentioned evidential materials, determine the amount of malicious overdraft.

Extended information:

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 a forged credit card or using a credit card fraudulently obtained with false identification;

(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.

The Supreme People's Procuratorate of China —— Explanations on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Impairment of Credit Card Management