Current location - Trademark Inquiry Complete Network - Overdue credit card - Is the crime of credit card fraud a private prosecution case?
Is the crime of credit card fraud a private prosecution case?

Legal analysis: No, the crime of credit card fraud does not fall within the scope of private prosecution cases, so the crime of credit card fraud is a public prosecution case initiated by the procuratorate. Specifically, criminal private prosecution cases include: cases of minor injuries, cases of insulting and slandering others, cases of violent interference with freedom of marriage, cases of bigamy, cases of destroying the marriage of active military personnel, cases of abuse of family members, cases of abandonment, etc.

Legal basis: "The People's Republic of China and the Civil Code"

Article 148: One party uses fraudulent means to cause the other party to act against its true intention For civil legal acts, the party who was defrauded has the right to request the people's court or arbitration institution to cancel it.

Article 149: If a third party commits a fraudulent act, causing one party to perform a civil legal act against his true intention, and the other party knows or should know about the fraudulent act, the party who was defrauded shall have the right to The right to request the people's court or arbitration institution to revoke it.

Article 150: If one party or a third party uses coercion to cause the other party to perform a civil legal act against its true intention, the coerced party has the right to request the people's court or arbitration institution to cancel it. .

Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China: Whoever commits credit card fraud in any of the following circumstances and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and A fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed; if the amount is huge or there are other serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other serious circumstances If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated:

(1) Using a forged credit card, or using a false credit card

(2) Using an invalid credit card;

(3) Pretending to use another person’s credit card;

(4) ) malicious overdraft.