1. the Supreme People's Court and the Supreme People's Procuratorate jointly issued the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management, claiming that the bank's failure to repay the two collections in March was a malicious overdraft.

1. In the judicial interpretation, there are two restrictions on "malicious overdraft": first, the card-issuing bank makes two collections; Second, it is not returned for more than three months.

2. Because the crime of "malicious overdraft" is a deliberate crime, it has the subjective purpose of illegal possession and is a very important constituent element of this behavior.

3. The judicial interpretation clarifies the amount of "malicious overdraft", which refers to the money that has not been returned and has not been returned, excluding the late payment fee and compound interest charged by the issuing bank.

4. According to the criminal policy of combining leniency with severity, those who repay the overdraft interest before the court decides or the public security organ files a case will be given a lighter punishment or will not be investigated for criminal responsibility, so that the fraud of "malicious overdraft" will be investigated according to law, and at the same time, the legal warning and education function will be brought into play to minimize the criminal blow.

Two, according to the provisions of Article 196th of the Criminal Law of People's Republic of China (PRC), "malicious overdraft" is a crime of credit card fraud.

1. Article 266 of the Criminal Law, whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only 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 but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.

2. Article 196 of the Criminal Law stipulates that if the amount of malicious overdraft is more than 654.38+million yuan but less than 654.38+million yuan, it shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 654.38+10,000 yuan and less than 1 10,000 yuan, it shall be deemed as "huge amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 6,543.8+0,000 yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law.