1. Malicious cashing of bank cards is the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it for more than three months after being effectively collected by the issuing bank twice. If this behavior constitutes a crime, it shall be handled in accordance with the relevant provisions of the crime of credit card fraud.

2. Legal basis: Article 6 of the Interpretation of the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management

If a cardholder overdraws beyond the prescribed limit or within the prescribed time limit for the purpose of illegal possession, and fails to return it for more than three months after two effective reminders by the issuing bank, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law. Whether illegal possession is the purpose should be judged based on the cardholder's credit history, repayment ability and willingness, the status of applying for and overdrawing credit cards, the use of overdraft funds, the performance after overdraft, and the reasons for not repaying according to regulations. The purpose of illegal possession shall not be determined solely on the basis of the fact that the cardholder fails to repay the loan according to the regulations.

II. What are the new standards for setting up a case for malicious cash withdrawal of credit cards?

1. Those who are overdue for more than three months or refuse to repay after two reminders from the bank, and 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 2, yuan but not more than 2, yuan;

2. 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 5, yuan but not more than 5, yuan;

3. If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment.