There are certain regulations on the use of credit cards. If the issuance and use of credit cards hinder the state's management activities of credit cards and undermine the order of credit card management, it may constitute a crime of obstructing credit card management.
The crime of obstructing credit card management needs to refer to the provisions of Article 72 of the Criminal Law of People's Republic of China (PRC): A criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years can be suspended if he meets the following conditions, and a suspended sentence can be announced for people under the age of 18, pregnant women and people who have reached the age of 75.
(a) the circumstances of the crime are relatively minor;
(2) showing repentance;
(3) There is no danger of committing a crime again;
(four) the announcement of probation has no significant adverse effects on the community where he lives.
Probation can be announced according to the circumstances of the crime, and criminals are prohibited from engaging in specific activities, entering specific areas, places and contacting specific personnel during the probation period of probation.
If a suspended criminal is sentenced to an additional punishment, the additional punishment shall still be executed.
One of Article 177 of the Criminal Law of People's Republic of China (PRC) stipulates: In any of the following circumstances, whoever hinders the management of credit cards shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined not less than 10,000 yuan but not more than 100,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan:
(1) Holding and transporting a counterfeit credit card knowingly, or holding and transporting a blank credit card knowingly, in a relatively large number;
(2) Illegally holding other people's credit cards, with a relatively large number;
(3) using false identification to defraud credit cards;
(4) Selling, purchasing or providing others with forged credit cards or obtaining credit cards by fraudulent means.
Extended data:
Section 5 Probation Period
Article 72 Applicable Conditions A criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years may be suspended if he meets the following conditions. Among them, people under 18 years old, pregnant women and people over 75 years old should suspend:
(a) the circumstances of the crime are relatively minor;
(2) showing repentance;
(3) There is no danger of committing a crime again;
(four) the announcement of probation has no significant adverse effects on the community where he lives.
Probation can be announced according to the circumstances of the crime, and criminals are prohibited from engaging in specific activities, entering specific areas, places and contacting specific personnel during the probation period of probation.
If a suspended criminal is sentenced to an additional punishment, the additional punishment shall still be executed.
Article 73 The probation period for criminal detention with suspended sentence shall be not less than one year but not more than two months.
The probation period of probation for fixed-term imprisonment shall be not less than the original sentence but not less than five years, but not less than one year.
The probation period of probation shall be counted from the date when the judgment is determined.
Article 74 Probation shall not be applied to recidivists. For recidivists and ringleaders of criminal groups, probation is not applicable.