Criteria for judging malicious credit card overdrafts: If the cardholder overdrafts beyond the prescribed limit or within the prescribed period for the purpose of illegal possession, and fails to return the payment for more than three months after being called upon by the card-issuing bank twice, it is considered a malicious overdraft. Malicious overdraft. If the overdraft amount exceeds 10,000 yuan, it may constitute a crime of credit card fraud, and the public security organs should pursue prosecution.

Legal Basis

Article 54 of the "Regulations 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 (2)"

Anyone who engages in credit card fraud and is suspected of one of the following circumstances shall be prosecuted:

(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification, or using an invalid credit card, Or fraudulently use other people’s credit cards to conduct fraudulent activities, with the amount exceeding 5,000 yuan; (2) Malicious overdrafts, with the amount exceeding 10,000 yuan.

The "malicious overdraft" stipulated in this article refers to the cardholder's overdraft exceeding the prescribed limit or prescribed period for the purpose of illegal possession, and the card-issuing bank still fails to return it for more than three months after being called upon twice. .

If the overdraft is malicious and the amount is more than 10,000 yuan but less than 100,000 yuan, all the overdraft interest has been repaid before the public security organ files the case. If the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law.