What are the standards for credit card economic investigation?

1. What are the standards for filing a credit card economic investigation case? If you conduct credit card activities and are suspected of one of the following circumstances, you should file a case for prosecution: (1) Use forged credit cards, or use false identity certificates to fraudulently obtain credit cards. Credit cards, or using invalid credit cards, or fraudulently using other people’s credit cards to carry out activities with an amount of more than 5,000 yuan; Regarding the "Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases Obstructing the Management of Credit Cards" (revised in October 2018, According to the regulations (effective from December 1, 2018), the use of counterfeit credit cards, credit cards fraudulently obtained with false identity certificates, invalid credit cards, or fraudulently using other people’s credit cards to conduct credit card activities 1. The amount is relatively large: within five years More than 1,000 yuan but less than 50,000 yuan 2. Huge amount: more than 50,000 yuan but less than 500,000 yuan 3. Especially huge amount: more than 500,000 yuan (2) Malicious overdraft. The "malicious overdraft" stipulated in this article means that the cardholder overdrafts beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and fails to return the card for more than three months after two effective calls by the card-issuing bank. The amount of malicious overdraft refers to the actual overdraft principal amount that has not been repaid when the public security organ files a criminal case, excluding interest, compound interest, late payment fees, handling fees and other fees charged by the card-issuing bank. The amount returned or paid shall be deemed as the return of the actual overdraft principal. If the amount of malicious overdraft is relatively large and the overdraft is fully returned before the prosecution is initiated or there are other minor circumstances, the overdraft may be exempted; if the amount is fully returned before the first instance judgment or there are other minor circumstances, the criminal penalty may be exempted. However, this does not apply to those who have been penalized more than twice on credit cards. Judging from the provisions of the "Interpretation on Several Issues Concerning the Specific Application of Laws in the Handling of Criminal Cases Obstructing the Management of Credit Cards" (revised in October 2018 and effective from December 1, 2018), 1. The amount is relatively large: within 50,000 yuan More than 500,000 yuan but less than 500,000 yuan 2. The amount is huge: more than 500,000 yuan but less than 5 million yuan 3. The amount is especially huge: more than 5 million yuan. The criteria for registering a credit card case based on the above are whether it is an intentional act and whether it constitutes financial losses to others. If the offender is not a minor or an elderly person, his or her behavior will receive severe criminal penalties. Therefore, today’s young people should use credit cards rationally and stop using them when there is insufficient balance to ensure normal use in the future.

Credit card criminal case filing process

1. The bank reports the case to the public security organ:

If the cardholder’s credit card debt reaches 50,000 yuan, the bank will report the case twice. If the debt is not repaid for more than 3 months after collection, it will be deemed as a malicious overdraft of the credit card and constitutes a credit card crime. The cardholder needs to bear criminal responsibility. The bank will report the case to the public security agency and provide the public security agency with a statement of the incident stamped with the official seal of the bank. Written materials of the situation;

2. Public security agency verification materials:

The public security agency will verify the report materials submitted by the bank and collect evidence of the cardholder’s crime, such as The information registered when opening an account and applying for a card, the bank's valid collection certificate, the amount owed by the cardholder, transaction history, etc., to see if the cardholder uses the credit card for the purpose of illegal possession and in violation of credit card management regulations;

3. The public security organ will file a case against the credit card:

If the evidence collected can completely prove that the cardholder maliciously overdrafted the credit card and constituted a credit card crime, the public security organ will file the case and conduct an economic investigation. Then the card holder will be prosecuted by the public prosecutor, which may take about 4 months, but it is not ruled out that the card holder will be detained first.

Legal basis:

Article 19 of the "Criminal Procedure Law of the People's Republic of China" The investigation of criminal cases shall be conducted by the public security organs, unless otherwise provided by law. If the People's Procuratorate discovers during its legal supervision of litigation activities that judicial staff have taken advantage of their powers to commit illegal detention, torture to extract confessions, illegal searches, and other crimes that infringe upon citizens' rights and undermine judicial fairness, the People's Procuratorate may file a case for investigation.

When major criminal cases committed by staff of state organs under the jurisdiction of public security organs who take advantage of their powers need to be directly accepted by the People's Procuratorate, the People's Procuratorate may file the case for investigation upon the decision of the People's Procuratorate at or above the provincial level. Private prosecution cases shall be handled directly by the people.

What are the criteria for filing an overdue credit card case with the Economic Investigation Brigade

If an overdue credit card meets the following conditions, the public security organ should file a case: 1. It is believed that there are criminal facts; 2. The amount of the suspected crime , the result or other circumstances meet the prosecution standards of the case and require criminal liability; 3. It falls under the jurisdiction of the public security organ.

According to the provisions of Article 86 of the "Criminal Procedure Law": The people, people's procuratorate or public security organs shall promptly review the materials of reports, accusations, reports and surrenders according to the jurisdiction and deem that there are criminal facts. When it is necessary to pursue criminal liability, a case should be filed; when it is considered that there are no criminal facts, or the criminal facts are obviously minor and there is no need to pursue criminal liability, the case shall not be filed.

Legal Basis

Article 86 of the Criminal Procedure Law of the People's Republic of China interrogation within. When it is found that a person should not be detained, he must be released immediately and issued a release certificate.

This is the end of the introduction on the filing of a credit card economic investigation case and how to get the principal returned on bail pending trial. Did you find the information you need?