1. According to Article 6 of the Interpretation 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, if a cardholder exceeds the prescribed limit or overdraws within the prescribed time limit for the purpose of illegal possession, and fails to return it after two effective reminders by the issuing bank for more than three months, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law.

3. According to Article 8 of the Interpretation 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, if the amount of malicious overdraft is more than 500,000 yuan but less than 5 million yuan, it shall be deemed as "huge amount" as stipulated in Article 196 of the Criminal Law.

4. According to Article 196 of the Criminal Law of People's Republic of China (PRC), whoever commits credit card fraud, if the amount is huge or there are other serious circumstances, 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;

Extended data:

If the amount of malicious overdraft is large, it will be returned in full before public prosecution, or if there are other minor circumstances, public prosecution may not be initiated; If all of them are returned before the judgment of first instance or there are other minor circumstances, they may be exempted from criminal punishment. Except for those who have been punished for credit card fraud for more than two times.

The amount of malicious overdraft refers to the actual overdraft principal amount that has not been returned when the public security organ files a criminal case, excluding interest, compound interest, late fees, handling fees and other fees charged by the issuing bank. The amount returned or paid shall be regarded as the return of the actual overdraft principal.

When examining and prosecuting, the procuratorial organ shall examine and determine the amount of malicious overdraft according to the transaction details, classified bills (overdraft bills, repayment bills) and other evidence materials provided by the issuing bank, combined with the excuses, defense opinions and relevant evidence materials put forward by the criminal suspect, defendant and their defenders.

Higher People's Court of Henan Province-Specific Application of Handling Criminal Cases of Impairment of Credit Card Management

China People's Congress Network-People's Republic of China (PRC) Criminal Law