under normal circumstances, the guarantor will not bear criminal responsibility. \xd\ According to the law, if the amount owed by a credit card holder reaches 1, yuan, and the card-issuing bank still refuses to return it after repeated reminders, it is a malicious overdraft, which constitutes the crime of credit card fraud, and the cardholder shall bear criminal responsibility. \xd\ However, as the guarantor of a credit card, it normally assumes the civil guarantee responsibility. When the cardholder fails to repay the credit card debt, the guarantor shall assume the guarantee responsibility for the issuing bank according to the guarantee contract. If the guarantor provides joint guarantee responsibility, the issuing bank may require the guarantor to repay the cardholder's debt first, and then the guarantor shall recover from the cardholder. \xd\ However, if the guarantor still guarantees the credit card that the cardholder fraudulently obtained by using false identification, or both parties conspire to carry out malicious overdraft, the guarantor and the cardholder will constitute a joint crime, and the guarantor shall also bear the criminal responsibility for the crime of credit card fraud. \xd\ Criminal Law \xd\ Article 196 Whoever commits credit card fraud or theft in any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined not less than 2, yuan but not more than 2, 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 5, yuan but not more than 5, yuan; 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, and shall also be fined not less than 5, yuan but not more than 5, yuan, or his property shall be confiscated: \xd\ (1) using a forged credit card or using a credit card fraudulently obtained with false identification; \xd\ (2) using an invalid credit card; \xd\ (3) fraudulent use of another person's credit card; \xd\ (4) Malicious overdraft. \xd\ The malicious overdraft 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. \xd\ Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law. \xd\ Explanations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management \xd\ Article 6 If a cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it for more than 3 months after being repeatedly urged by the issuing bank, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law. \ xd \ xd \ in any of the following circumstances, it shall be deemed as "for the purpose of illegal possession" as stipulated in the second paragraph of Article 196 of the Criminal Law: \ xd \ xd \ (1) knowing that there is no repayment ability, a large amount of overdraft cannot be returned; \ xd \ xd \ (2) The overdrawn funds are squandered and cannot be returned; \ xd \ xd \ (3) Escaping after overdraft, changing contact information and evading bank collection; \ xd \ xd \ (4) Evading or transferring funds, concealing property and evading repayment; \ xd \ xd \ (5) using overdraft funds for illegal and criminal activities; \ xd \ xd \ (6) Other acts of illegally occupying funds and refusing to return them. \ xd \ xd \ malicious overdraft, the amount of which is more than 1, yuan but less than 1, yuan, shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 1, yuan but less than 1 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 1 million yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law. \ xd \ xd \ The amount of malicious overdraft refers to the amount that the cardholder refuses to return or has not returned under the conditions specified in the first paragraph. Does not include compound interest, late fees, handling fees and other fees charged by the issuing bank. \ xd \ xd \ malicious overdraft shall be investigated for criminal responsibility. However, if all the overdraft interest has been repaid before the people's court makes a judgment after the public security organ files the case, it may be given a lighter punishment, and if the circumstances are minor, it may be exempted from punishment. If the amount of malicious overdraft is large, and all the overdraft interest has been repaid before the public security organ files a case, and the circumstances are obviously minor, criminal responsibility may not be investigated according to law.