First, the definition of illegal possession of other people's credit cards
Illegal possession of another person's credit card refers to the act of holding, using and keeping another person's credit card without the authorization or permission of the cardholder or in violation of relevant laws and regulations. This kind of behavior violates others' property rights and personal information security, which is illegal.
Second, the identification elements of illegally holding another person's credit card
1. Subjective intention: whether the holder has the purpose of illegal possession, or holds and uses it knowing that it is someone else's credit card.
2. Legality of the holding behavior: whether the holder is legally authorized or licensed and whether it complies with relevant laws and regulations.
3. Source of credit card: Whether the credit card is obtained through legal channels, such as theft, fraud and other illegal means, is obviously illegal possession.
Third, the legal consequences of illegally holding other people's credit cards.
According to relevant laws and regulations, illegal possession of other people's credit cards will be punished by law. Specific legal consequences include administrative punishment, civil compensation and possible criminal responsibility.
To sum up:
The identification of illegally holding someone else's credit card is a comprehensive process, which needs to fully consider the subjective intention of the holder, the legitimacy of the holding behavior and the source of the credit card. In the process of identification, we should strictly follow the provisions of relevant laws and regulations to ensure the accuracy and fairness of identification. Illegal possession of other people's credit cards should be severely cracked down according to law to safeguard social fairness and justice and the legitimate rights and interests of the people.
Legal basis:
Criminal law of the people's Republic of China
Article 177 stipulates:
Whoever, under any of the following circumstances, obstructs the management of credit cards shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined not less than 10,000 yuan but not more than 100,000 yuan; 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 not less than 20,000 yuan but not more than 200,000 yuan:
(1) Holding and transporting a counterfeit credit card knowingly, or holding and transporting a blank credit card knowingly, in a relatively large number;
(2) Illegally holding other people's credit cards, with a relatively large number;
(3) using false identification to defraud credit cards;
(4) Selling, purchasing or providing others with forged credit cards or obtaining credit cards by fraudulent means.
Interpretation of some problems about the specific application of law in criminal cases that hinder credit card management
Article 2 provides that:
Knowing that it is a forged blank credit card, holding and transporting more than ten cards in total; Those who illegally hold more than five credit cards of others shall be deemed as "a large number" as stipulated in Item (2) of Paragraph 1 of Article 177 of the Criminal Law.