Explanations on some issues concerning the specific application of law in handling criminal cases of impairing credit card management;
Article 6? 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 three months after being effectively collected by the issuing bank twice, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law.
The purpose of illegal possession should be judged according to the cardholder's credit history, repayment ability and willingness, the application and overdraft of credit cards, the use of overdraft funds, the performance after overdraft, and the reasons for not repaying according to regulations. It is not allowed to identify the purpose of illegal possession just because the cardholder fails to repay the loan according to the regulations.
Criminal Code of People's Republic of China (PRC):
Article 196 Credit card fraud
Whoever commits credit card fraud in any of the following circumstances, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of 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;
If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; 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 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property.
(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;
(2) Using an invalid credit card; ?
(3) Fraudulent use of another person's credit card;
(4) malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank. Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
Article 7 of the extended information? If the set meets the following conditions at the same time, it shall be deemed as an "effective set" as stipulated in Article 6 of this Interpretation:
(1) After the overdraft exceeds the prescribed limit or time limit;
(2) The collection shall be conducted in a way that can confirm the cardholder's collection, unless the cardholder intentionally evades the collection;
(3) The interval between two collections is at least thirty days;
(four) in accordance with the relevant provisions or agreed to collect.
Whether it is an effective collection shall be judged according to the original evidence materials provided by the issuing bank, such as telephone recording, information delivery record, letter delivery receipt, e-mail delivery record, signature of the cardholder or his family.
The relevant evidential materials provided by the issuing bank shall have the signature of the bank staff and the official seal of the bank.
Article 8? Malicious overdraft, the amount of which is more than 50,000 yuan but less than 500,000 yuan, shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 500,000 yuan but less than 5 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 5 million yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law.
Haining Municipal People's Procuratorate-Interpretation of Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Impairment of Credit Card Management