The amount and nature of the money owed to the credit card will always determine whether it meets the criminal responsibility, and the maximum penalty is imprisonment for more than 1 years or life imprisonment. Credit card arrears will also be included in the credit blacklist, and those who refuse to repay after the court's decision will also be listed as untrustworthy executors, which will affect their loans and other situations, and will not allow high consumption.
according to article 196 of the criminal law of the people's Republic of China, whoever commits credit card fraud in any of the following circumstances, if 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; 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: < P > (1) using a forged credit card or using a credit card fraudulently obtained with false identification;
(2) using an invalid credit card;
(3) fraudulent use of another person's credit card;
(4) malicious overdraft.
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.
Extended information:
Article 3 of the Provisions on Restricting the High Consumption and Related Consumption of the Executed Person, if the executed person is a natural person, he shall not engage in the following high consumption and consumption behaviors that are not necessary for life and work after the consumption restriction measures are taken:
(1) When taking the means of transportation, choose the second-class or above cabins of airplanes, trains and ships;
(2) high consumption in hotels, hotels, nightclubs, golf courses and other places above the star level;
(3) purchasing real estate or building, expanding or high-grade decorating houses;
(4) renting high-grade office buildings, hotels, apartments and other places for office work;
(5) purchasing vehicles that are not necessary for operation;
(6) Travel and vacation;
(7) children attend private schools with high fees;
(8) paying high premiums to purchase insurance wealth management products;
(9) Other non-essential consumption behaviors such as taking all the seats on the G-prefix EMU train and the first-class or above seats on other EMU trains.
if the person subjected to execution is a unit, the person subjected to execution, its legal representative, main person in charge, the person directly responsible for influencing the performance of the debt and the actual controller shall not carry out the acts specified in the preceding paragraph. Anyone who uses personal property for private consumption to commit the acts specified in the preceding paragraph may apply to the enforcement court. If the examination by the enforcement court is true, it shall be allowed.
China Supreme People's Procuratorate-People's Republic of China and China's Criminal Law