If you are in arrears with your credit card for a long time, the bank will think that you owe money maliciously, and if you don't repay it for many months in a row, it will be judged as malicious arrears by the bank. Credit records can also be very bad. If it is serious, it will be sentenced.
Exceeding the prescribed limit or overdrawing within the prescribed time limit, and failing to pay it back for more than three months after being urged twice by the issuing bank, is a malicious overdraft and a credit card crime.
The criminal law stipulates that a malicious overdraft of more than 5,000 yuan on a credit card constitutes a credit card crime and can be sentenced to fixed-term imprisonment of not more than 3 years; Malicious overdraft of 50,000 yuan to 200,000 yuan is huge, and may be sentenced to 5 years to 10 years; More than 200,000 yuan is a huge amount, and the sentence exceeds 10 years.
Won't the credit card go to jail? How many years will it be?
Whether you will go to jail if you don't return your credit card depends. Subjectively, if there is no intention of illegal possession and it is really unable to repay without compensation, you can apply for an extension or installment repayment. At this time, it is only a civil issue and can be solved through litigation. Only malicious overdraft can be punished. For example, if you know that you are unable to repay, but you still use a credit card to overdraw, you will be sentenced to jail for illegal possession.
legal ground
Article 6 of the Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Impairment of Credit Card Management
Under any of the following circumstances, unless there is evidence to prove that the cardholder does not have the purpose of illegal possession, it shall be deemed as "for the purpose of illegal possession" as stipulated in the second paragraph of Article 196 of the Criminal Law: (1) knowing that he is unable to repay, he overdraws a lot and cannot return; (2) After applying for a credit card with a false credit certificate, it is overdrawn and cannot be returned; (3) Escaping after overdraft or changing contact information to avoid bank collection; (4) evading or transferring funds, concealing property or evading repayment; (five) the use of overdraft funds for criminal activities; (six) other illegal possession of funds, refused to return.
skill
The above answer is only for the current information combined with my understanding of the law, please refer carefully!
If you still have questions about this issue, I suggest you sort out relevant information and communicate with professionals in detail.
How to judge the credit card?
Article 196 of the Criminal Law stipulates that whoever commits the crime of credit card shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; 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, fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property: credit cards, and convicted and punished in accordance with the provisions of Article 264 of the Criminal Law.
legal ground
Article 196 of the Criminal Law of People's Republic of China (PRC) stipulates the crime of credit card. Under any of the following circumstances, if the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan. If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; 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 and fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated: (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.
Credit card sentencing standard
Credit card is an act that violates the laws and regulations on credit card management and uses credit card to defraud a large amount of property. Article 196 of China's criminal law stipulates three kinds of legal punishments for credit cards: if the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; 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 fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated. How to judge the starting point of statutory punishment is mainly based on the provisions of the Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Impairment of Credit Card Management. Let's take the use of forged credit cards as an example. If the amount is more than 5,000 yuan but less than 50,000 yuan, it shall be deemed as a relatively large amount; If the amount is more than 50,000 yuan but less than 500,000 yuan, it shall be deemed as a huge amount; If the amount is more than 500,000 yuan, it shall be deemed as "the amount is extremely huge". Lawyer Ouyang suggested that investment is risky and credit card cashing needs to be cautious.
legal ground
Article 196 of the Criminal Law Whoever engages in credit card activities under 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 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; 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 and fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated: (1) using a forged credit card or using a credit card fraudulently obtained with false identification; (4) malicious overdraft.
Will I be sentenced if my credit card is overdue?
If it is a credit card of China Merchants Bank, if the minimum repayment amount of the bill is not returned in time before the due repayment date, it will be charged with late fees and interest, and personal credit will also be affected. The overdue fine is 5% of the unpaid minimum amount, and the minimum fee is RMB 10 yuan or USD 1 yuan. Interest means that all consumption in the current period is charged from the bookkeeping date (usually the day after consumption), and the daily interest rate is five ten thousandths until it is fully paid off. In order to avoid affecting personal credit, it is recommended to repay on time. If it is not convenient to pay off the bill in full, please pay off at least the minimum repayment amount on time. Article 196 of the Criminal Law of People's Republic of China (PRC), who engages in credit card activities under 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 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; 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 and fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated: (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 term "malicious overdraft" as 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. Anyone who uses a credit card at the same time shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
This concludes the introduction of credit card sentencing and credit card sentencing with a single amount of 50,000. I wonder if you have found the information you need?