Whether a malicious overdraft of a credit card will go to jail should be determined according to the following circumstances:

1. If the amount is more than 5, yuan, it is suspected to constitute a crime of credit card fraud, and the public security organ should file a case for investigation and investigate its criminal responsibility. However, if the amount is more than 5, yuan but less than 5, yuan, it will be returned in full before prosecution, or if there are other minor circumstances, prosecution may not be initiated;

2. If the amount of malicious overdraft does not reach 5, yuan, it will not be filed for prosecution.

Article 49 of the Provisions of the Ministry of Public Security of the Supreme People's Procuratorate on the Standards for Filing and Prosecuting Criminal Cases under the Jurisdiction of Public Security Organs (II)? Credit card fraud (Article 196 of the Criminal Law) Anyone who commits credit card fraud is suspected of one of the following circumstances, and shall be put on file for prosecution:

(1) fraudulent activities are conducted by using forged credit cards, credit cards fraudulently obtained with false pure identity certificates, invalid credit cards or fraudulent use of other people's credit cards, with the amount of more than 5, yuan;

(2) Malicious overdraft, with an amount of more than 5, yuan.

the term "malicious overdraft" as mentioned in this article means that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it for more than three months after being effectively collected by the issuing bank twice.

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.

if the amount of malicious overdraft is more than 5, yuan but less than 5, yuan, and all of it is returned before public prosecution is initiated, or if there are other minor circumstances, prosecution may not be initiated. However, except for those who have been punished for credit card fraud for more than two times.