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What is the crime of picking up a stolen credit card under the Criminal Law?

The criminal law stipulates that if a credit card is stolen and the amount is relatively large, it is a crime of theft. The offender shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or solely 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 and not more than ten years, and shall also be fined. Regarding the question of what is the crime of picking up a stolen credit card under the criminal law, I will give you a detailed answer below.

1. What is the crime of stealing a credit card according to the criminal law? 1. The criminal law stipulates that if a credit card is stolen and the amount is relatively large, it is the crime of theft. The offender shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or solely 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 and not more than 10 years, and shall also be fined; if the amount is particularly huge or there are other particularly serious circumstances , shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated. 2. Legal basis: "Criminal Law of the People's Republic of China" Article 264 Whoever steals public or private property in a relatively large amount, or commits multiple thefts, burglaries, thefts with weapons, or pickpockets shall be sentenced to three years in prison. The following fixed-term imprisonment, criminal detention or surveillance, and concurrently or solely with a fine; if the amount is huge or there are other serious circumstances, the sentence shall be not less than three years but not more than 10 years of fixed-term imprisonment, and a fine; if the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated.

2. Sentencing for the crime of credit card fraud 1. Anyone who commits this crime 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 If the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be not less than five years but not more than ten years in prison, and a fine of not less than 50,000 yuan but not more than 500,000 yuan. A fine of not less than RMB 500,000 but not more than RMB 500,000 or property confiscation may be imposed. 2. The so-called serious circumstances refer to a huge amount of fraud or other serious circumstances. The amount here is huge. According to relevant judicial interpretations, it refers to fraud of more than 50,000 yuan. As for other serious circumstances, it mainly refers to those who use advanced technical means to forge and then use them; the ringleader of a criminal group that uses credit cards to commit fraud; those who use credit cards to commit fraud multiple times and refuse to change; those who have caused huge amounts of public and private property to others due to their fraudulent behavior losses; behaviors that cause adverse effects due to their actions, etc. 3. The so-called particularly serious circumstances refer to particularly huge amounts of fraud and other particularly serious circumstances. The starting point for a particularly large amount is 500,000 yuan according to relevant judicial interpretations. As for other particularly serious circumstances, it mainly refers to those who use credit cards to commit fraud crimes as a regular business; those who are recidivists, habitual offenders or repeat offenders; those who have multiple serious circumstances; those who have caused particularly serious economic losses to others due to their fraudulent behavior or other particularly serious consequences; using defrauded property to commit other serious criminal offenses, causing particularly bad consequences due to their actions, etc. 4. Malicious overdrafts should be investigated for criminal liability. However, if all overdrafts and interests have been repaid after the public security organ files the case and before the people's court makes a judgment, they may be given a lighter punishment. If the circumstances are minor, they may be exempted from punishment. If the malicious overdraft amount is relatively large and all the overdraft interest has been repaid before the public security organ files the case, and the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law. Credit cards are a way to make overdrafts. It should be noted that if you fail to pay in the future, or if you use someone else's credit card to swipe the card, you will face criminal disputes, such as the crime of theft.