The following judicial interpretation is for your reference:

the Supreme People's Court and the Supreme People's Procuratorate jointly released the Interpretation on Several Issues Concerning the Specific Application of Laws in Criminal Cases of Impairment of Credit Card Management today, which will take effect on December 16, 29. The Interpretation clearly defines the conditions for credit card "malicious overdraft" to constitute a crime, as well as the related issues of the determination and punishment of "malicious overdraft", and defines "for the purpose of illegal possession" to distinguish it from the act of overdraft in good faith.

Sun Qian, deputy attorney general of the Supreme People's Procuratorate, said that according to Article 196 of the Criminal Law of the People's Republic of China, "malicious overdraft" is a crime of credit card fraud. This judicial interpretation of the "two highs" clearly stipulates the conditions for "malicious overdraft" to constitute a crime: < P > First, in the judicial interpretation, two restrictions have been added to "malicious overdraft": one is the two collections of the issuing bank; Second, it has not been returned for more than three months. This excludes the behavior of not returning on time because of not receiving the bank's dunning notice or other dunning documents. If the cardholder fails to return after a certain period of time, it does not belong to "malicious overdraft".

second, because the crime of "malicious overdraft" is a deliberate crime, it has the subjective purpose of illegal possession, which is a very important component of this behavior. "Illegal possession" is a main boundary to distinguish between "malicious overdraft" and "goodwill overdraft". Only those who overdraw for the purpose of illegal possession belong to "malicious overdraft" and constitute a crime.

In this judicial interpretation, "for the purpose of illegal possession", combined with judicial practice, six situations are listed, such as not returning a large amount of overdrafts knowing that they cannot be repaid; Profligate overdrafts are not returned; After overdraft, conceal, change the communication mode, and evade the payment of financial institutions. These situations are all manifestations of "for the purpose of illegal possession".

Third, this judicial interpretation clarifies the amount of "malicious overdraft", which refers to the money that has not been returned and has not yet been returned, excluding the fees charged by the issuing bank such as late fees and compound interest.

Fourth, according to the criminal policy of combining leniency with severity, those who repay the overdraft interest before the court makes a judgment or the public security organ files a case will be given a lighter punishment or will not be investigated for criminal responsibility. This will not only investigate the fraudulent acts of "malicious overdraft" according to law, but also play the warning and educational role of the law and minimize the criminal attack.

finally, the amount of malicious overdraft of credit cards refers to the money that has not been returned and has not been returned, excluding the fees charged by the issuing bank such as late payment fees and compound interest. Malicious overdraft, the amount of which is more than 1, yuan but less than 1, yuan, shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 1, yuan but less than 1 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 1 million yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law.

Criminal responsibility for malicious overdraft: more than 1 million yuan can be sentenced to indefinite criminal responsibility

1, ~ 1, yuan, with imprisonment of not more than five years or criminal detention

with a fine of not less than 2, yuan but not more than 2, yuan

with a huge amount of 1, ~ 1 million yuan, with imprisonment of not less than five years but not more than 1 years

with a fine of not less than 5, yuan but not more than 5, yuan < Standards for Filing Economic Crimes

According to the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecuting Criminal Cases under the Jurisdiction of Public Security Organs (II) released on the 18th, non-state employees of companies, enterprises or other units who take bribes of more than 5, yuan will be filed for prosecution.

It is clearly stipulated that any employee of a company, enterprise or other unit who takes advantage of his position to extort or illegally accept other people's property and seek benefits for others, or who takes advantage of his position in economic exchanges and accepts kickbacks or service fees in various names in violation of state regulations and belongs to himself, with the amount of more than 5, yuan, shall be put on file for prosecution.

according to the regulations, in order to seek illegitimate interests, if the amount of personal bribe is more than 1, yuan and the amount of unit bribe is more than 2, yuan, the case shall be filed for prosecution.

The regulations point out that the staff of state-owned companies, enterprises and institutions who take advantage of their positions to make illegal profits for their relatives and friends should file a case for prosecution if they are suspected of one of the following circumstances:

-those who cause direct economic losses to the country of more than 1, yuan;

—— those who make their relatives and friends illegally gain more than 2, yuan;

-causing the relevant units to go bankrupt, suspend business or stop production for more than six months, or having their licenses and business licenses revoked, and being ordered to close down, cancel or dissolve;

—— Other circumstances that cause great losses to national interests.

Losses from selling state-owned assets at low prices of more than 3, yuan will be filed for prosecution

According to the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (II) released on the 18th, those who engage in malpractices for personal gain and sell state-owned assets at low prices and cause direct economic losses of more than 3, yuan should be filed for prosecution.

The regulations point out that the person in charge directly responsible for a state-owned company, enterprise or its superior competent department, who engages in malpractices for personal gain and sells state-owned assets at a low price, should be placed on file for prosecution if he is suspected of one of the following circumstances: causing direct economic losses to the country of more than 3, yuan; Causing the relevant units to go bankrupt, suspend business or stop production for more than six months, or having their licenses and business licenses revoked, and being ordered to close down, cancel or dissolve; Other circumstances that cause great losses to national interests.

It is clearly stipulated that the person in charge who is directly responsible for a state-owned company, enterprise or institution, in the process of signing and performing a contract, is defrauded due to serious irresponsibility, and is suspected of one of the following circumstances, and shall file a case for prosecution: the amount of direct economic losses caused to the country is more than 5, yuan; Causing the relevant units to go bankrupt, suspend business or stop production for more than six months, or having their licenses and business licenses revoked, and being ordered to close down, cancel or dissolve; Other circumstances that cause great losses to national interests.

according to the regulations, the staff of financial institutions, companies and enterprises engaged in foreign trade activities are seriously irresponsible, resulting in fraudulent purchase of foreign exchange of more than one million dollars or evasion of foreign exchange of more than 1 million dollars, which should be filed for prosecution.

fraudulent loans amounting to 1 million yuan will be filed for prosecution

According to the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (II) released on the 18th, loans, bill acceptances, letters of credit, guarantees, etc. obtained by fraudulent means should be filed for prosecution.

According to the regulations, anyone who obtains loans, bill acceptances, letters of credit, letters of guarantee, etc. from banks or other financial institutions by deception is suspected of one of the following circumstances, and should be placed on file for prosecution:

-obtaining loans, bill acceptances, letters of credit, letters of guarantee, etc. by deception, with an amount of more than one million yuan;

-obtaining loans, bill acceptances, letters of credit, letters of guarantee, etc. by fraudulent means, causing direct economic losses of more than 2, yuan to banks or other financial institutions;

-although the above amount standard has not been met, loans, bill acceptances, letters of credit, letters of guarantee, etc. have been obtained by fraudulent means for many times;

-other circumstances that cause heavy losses to banks or other financial institutions or have other serious circumstances.

Financing terrorist activities will be prosecuted

According to the "Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecuting Criminal Cases under the Jurisdiction of Public Security Organs (II)" released on the 18th, individuals who finance terrorist organizations or carry out terrorist activities should be prosecuted.

The regulations specifically point out that "funding" refers to the act of raising funds, providing materials or providing places and other material facilities for terrorist organizations or individuals who carry out terrorist activities. "Individuals who commit terrorist activities" include individuals who plan to commit, prepare to commit and actually commit terrorist activities.

if 4 counterfeit coins are intentionally used, they will be filed for prosecution

According to the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (II) released on the 18th, anyone who knowingly holds and uses counterfeit currency with a total denomination of more than 4, yuan or a currency amount of more than 4 pieces shall be filed for prosecution.

according to the regulations, anyone who smuggles counterfeit currency with a total denomination of more than 2, yuan or a currency quantity of more than 2 pieces shall be put on file for prosecution.

Counterfeiting currency with a total denomination of more than 2, yuan or a currency amount of more than 2 pieces; Making money patterns or providing patterns for others to counterfeit money; Other circumstances in which criminal responsibility should be investigated for counterfeiting currency. Suspected of one of the above circumstances, should be filed for prosecution. How much is the standard for filing an economic crime

According to the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecuting Criminal Cases under the Jurisdiction of Public Security Organs (II) released on the 18th, how much is the standard for filing an economic crime for non-state staff of companies, enterprises or other units.

It is clearly stipulated that any employee of a company, enterprise or other unit who takes advantage of his position to extort or illegally accept other people's property and seek benefits for others, or who takes advantage of his position in economic exchanges and accepts kickbacks or service fees in various names in violation of state regulations and belongs to himself, with the amount of more than 5, yuan, shall be put on file for prosecution.

according to the regulations, in order to seek illegitimate interests, if the amount of personal bribe is more than 1, yuan and the amount of unit bribe is more than 2, yuan, the case shall be filed for prosecution.

The regulations point out that the staff of state-owned companies, enterprises and institutions who take advantage of their positions to make illegal profits for their relatives and friends should file a case for prosecution if they are suspected of one of the following circumstances:

-those who cause direct economic losses to the country of more than 1, yuan;

—— those who make their relatives and friends illegally gain more than 2, yuan;

-causing the relevant units to go bankrupt, suspend business or stop production for more than six months, or having their licenses and business licenses revoked, and being ordered to close down, cancel or dissolve;

—— Other circumstances that cause great losses to national interests.

Losses from selling state-owned assets at low prices of more than 3, yuan will be filed for prosecution

According to the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (II) released on the 18th, those who engage in malpractices for personal gain and sell state-owned assets at low prices and cause direct economic losses of more than 3, yuan should be filed for prosecution.

The regulations point out that the person in charge directly responsible for a state-owned company, enterprise or its superior competent department, who engages in malpractices for personal gain and sells state-owned assets at a low price, should be placed on file for prosecution if he is suspected of one of the following circumstances: causing direct economic losses to the country of more than 3, yuan; Causing the relevant units to go bankrupt, suspend business or stop production for more than six months, or having their licenses and business licenses revoked, and being ordered to close down, cancel or dissolve; Other circumstances that cause great losses to national interests. Economic crime, credit card fraud, 5 thousand!

You'd better consult an experienced lawyer! But you didn't know the whole process! You should have more evidence in your favor! I hope you can solve it soon! Criteria for filing malicious overdraft of credit cards

The Interpretation on Several Issues Concerning the Specific Application of Laws in Criminal Cases of Impairment of Credit Card Management, jointly issued by the Supreme People's Court and the Supreme People's Procuratorate, clearly defined the conditions for the crime of malicious overdraft of credit cards, as well as related issues concerning the determination and punishment of malicious overdraft, and defined "for the purpose of illegal possession" to distinguish it from the act of bona fide overdraft.

according to the explanation, if the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it for more than 3 months after being repeatedly urged by the issuing bank, it shall be deemed as "malicious overdraft".

Sun Qian, deputy attorney general of the Supreme People's Procuratorate, said that according to Article 196 of the Criminal Law of the People's Republic of China, "malicious overdraft" is a crime of credit card fraud. The judicial interpretation of the "two highs" clearly stipulates the conditions for "malicious overdraft" to constitute a crime:

1. Two restrictive conditions have been added to "malicious overdraft": one is two collections by the issuing bank; Second, it has not been returned for more than three months. This excludes the behavior of not returning on time because of not receiving the bank's dunning notice or other dunning documents. If the cardholder fails to return after a certain period of time, it does not belong to "malicious overdraft".

2. The crime of malicious overdraft credit card fraud is a deliberate crime, so it has the subjective purpose of illegal possession, which is a very important constituent element of this behavior. "Illegal possession" is a main boundary to distinguish between "malicious overdraft" and "goodwill overdraft". Only those who overdraw for the purpose of illegal possession belong to "malicious overdraft" and constitute a crime.

In this judicial interpretation, "for the purpose of illegal possession", combined with judicial practice in recent years, six situations are listed, such as not returning a large amount of overdrafts knowing that they cannot be repaid; Profligate overdrafts are not returned; After overdraft, conceal, change the communication mode, and evade the payment of financial institutions. These situations are all manifestations of "for the purpose of illegal possession".

3. The amount of "malicious overdraft" is defined. The amount of "malicious overdraft" refers to the money that is refused to be returned and has not yet been returned, excluding the fees charged by the issuing bank such as late fees and compound interest.

4. According to the criminal policy of combining leniency with severity, those who repay the overdraft interest before the court makes a judgment or the public security organ files a case will be given a lighter punishment or will not be investigated for criminal responsibility. In this way, those fraudulent acts of "malicious overdraft" will be investigated according to law, and at the same time, the legal warning and education function will be exerted to minimize the scope of criminal attack.

Criminal Law:

Article 266: Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; 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; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.

Article 177: Forged credit cards are classified as "serious":

Forged more than 5 credit cards but less than 25; Forged credit card memory balance and overdraft limit, individually or in total, are more than 2, yuan but less than 1 million yuan; Forge more than 5 blank credit cards