Sentencing standards for overdue credit cards

1. If the cardholder exceeds the prescribed limit or overdrafts within the prescribed period for the purpose of illegal possession, and still fails to return the credit card after being called by the card-issuing bank, the amount If the amount is serious, the offender shall be sentenced to 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. 2. According to the relevant laws of our country, if a credit card is only overdue repayment, it is not a credit card crime, but the cardholder must bear the responsibility for paying liquidated damages, overdue interest, etc.

Will an overdue credit card be punished?

Many people think that an overdue credit card is not a big problem, but in actual circumstances, an overdue credit card will have more serious consequences, because an overdue credit card may be sentenced. of. According to the law, an overdue credit card may constitute a credit card crime, so if you are arrested for an overdue credit card, you may be sentenced. According to Article 196 of the Criminal Law of the People's Republic of China on credit card crimes, anyone who engages in credit card activities under any of the following circumstances and the amount is relatively large shall be sentenced to not more than five years or criminal detention and shall also be fined 20,000 yuan. If the amount is extremely large or there are other serious circumstances, the fine shall be 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, A fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation: (1) Using a forged credit card, or using a credit card fraudulently obtained with false identification; (2) Using a voided credit card (3) Pretending to use other people’s credit cards; (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. Anyone who uses a credit card at the same time shall be convicted and punished in accordance with the provisions of Article 264 of this Law.

Will you go to jail if your credit card is overdue?

Whether you will go to jail if your credit card is overdue depends on whether it constitutes a credit card crime. Under normal circumstances, overdue credit cards are considered a civil matter. Only if you refuse to perform a civil lawsuit after a lawsuit, which constitutes the crime of resisting execution, you may be imprisoned. The constituent elements of the credit card crime are as follows: 1. The object of the infringement is the credit card management system and the ownership of public and private property; 2. The objective aspect is that the actor uses fictitious facts or conceals the truth to use credit cards to defraud public and private property; 3. The subject is General subject; 4. The subjective aspect is intentional. If a credit card is not returned overdue and meets the above requirements, it constitutes a credit card crime. If a case is filed and criminal liability is investigated, the person may be sentenced to prison.

Article 196 of the "Criminal Law of the People's Republic of China"

Credit card crimes include one of the following circumstances: if the amount is relatively large and credit card activities are carried out, a fine of five 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, the sentence shall be not less than five years but not more than 10 years, and also a fine of not less than 50,000 yuan but not more than 500,000 yuan; for special amounts If the amount is huge or there are other particularly serious circumstances, he or she shall be sentenced to not less than ten years or more, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or have property confiscated:

(1) Using a forged credit card, or using a false credit card (2) Using an invalid credit card; (3) Pretending to use 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.

Anyone who commits a crime and uses a credit card shall be convicted and punished in accordance with the provisions of Article 264 of this Law.

Will you be jailed if your credit card is overdue?

Whether you will be jailed if your credit card is overdue depends on the situation. The first is the issue of amount. According to the latest judicial interpretation, the threshold for imprisonment is 50,000 yuan, and the 50,000 yuan here refers to the principal, not including penalties and interest! Secondly, only malicious overdrafts will be punished.

Legal analysis: Whether you will be jailed if your credit card is overdue depends on the circumstances.

The first is the issue of amount. According to the latest judicial interpretation, the threshold for imprisonment is 50,000 yuan, and the 50,000 yuan here refers to the principal, not including penalty and interest!

Secondly, you will be punished for malicious overdraft. As for what is malicious overdraft, according to judicial interpretation, it means that you have illegal possession for the purpose of illegal possession, and you have not paid back after two effective collections by the bank for three months.

It should be noted that the purpose of illegal possession here includes not only using false information to apply for a credit card, using overdraft money to commit crimes, etc., but also including swiping the card knowing that you have no ability to repay! As for effective collection, the following precautions will be mentioned.

Finally, the ultimate goal of the bank is to get you to repay the money, so even if you go to court, as long as you repay the money before the judgment (overdraft of less than 500,000 yuan), you basically do not need to go to jail (if you have multiple malicious overdrafts) , that’s a different story)

In other words, when you fail to repay your credit card overdue, the consequences you face will naturally be that it will leave a stain on the central bank’s credit report, but the bank must really tell you, The premise is that the overdraft must be at least 50,000 yuan, and the bank must conduct effective collections twice. To put it bluntly, after you are overdrawn, the bank will make a first collection through a method that can confirm that it can notify you, and then 30 days later, a second collection will be made. If you still do not pay back the money after two collections, you will be charged 30 days later. That's it for you.

The specific sentencing standard is that those with less than 500,000 yuan can be sentenced to a maximum of 5 years, those with 500,000 to 5 million yuan can be sentenced to a maximum of 10 years, and those with higher amounts can be sentenced to life! Of course, it is relatively rare to have such an overdraft.

Therefore, if you have the problem of overdue repayment, according to the new judicial interpretation, you are particularly reminded to pay attention to the following details: First, try to control the overdue amount below 50,000 yuan. For example, if you If you have an overdraft of 60,000 yuan and you really don’t have the money to pay it back, you should find a way to pay back 10,000 yuan first.

The second is to face it calmly and do not avoid bank collection, such as changing contact information, etc.! Because you deliberately avoid collection, as long as the evidence is conclusive, you can be directly judged as illegal possession without the bank having to issue two effective collections.

The third is to show your attitude and pay back more or less. Even if you can't pay back all of it after it is overdue, you should pay at least a little every month. Even if you go to court, you can keep some evidence. It's not that you don't want to pay back. It's just a temporary difficulty. Finally, I would like to remind you to consume rationally according to your repayment ability!

Legal basis:

Article 196 of the "Criminal Law": Under any of the following circumstances, those who engage in credit card activities and the amount is relatively large shall be sentenced to not more than 5 years or criminal detention, and shall also be fined 20,000 A fine of not less than RMB 200,000 but not more than RMB 200,000; if the amount is huge or there are other serious circumstances, the sentence shall be not less than 5 years but not more than 10 years, and a fine of not less than RMB 50,000 but not more than RMB 500,000; if the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be not less than 5 years but not more than 10 years; years or above, or shall be subject to a fine of not less than 50,000 yuan but not more than 500,000 yuan or property confiscation:

(1) Using a counterfeit credit card;

(2) Using an invalid credit card ;

(3) Pretending to use other people’s credit cards;

(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 issuer.

This is the end of the introduction about the overdue credit card sentence and whether the credit card overdue sentence is suspended. I wonder if you found the information you need?