Everyone knows that using a credit card can overdraw a certain amount, and starting a malicious overdraft credit card may constitute a crime. So, do you know what the conditions for a credit card malicious overdraft constitute a crime? What is the 2017 credit card malicious overdraft filing standard? Let's take a look at it!
1. The condition that the credit card malicious overdraft constitutes a crime
1. Two collections by the issuing bank;
2. The previous payment was not returned for more than three months. It was sent because it did not receive the bank’s call notification or other collection documents, and did not return it on time. The cardholder did not receive the notice or the instrument, and it was not returned after a certain period of time. Not a "malicious overdraft."
The amount of malicious overdraft:
1. If the amount is more than 10,000 yuan and less than 100,000 yuan, it shall be classified as "a large amount" according to the provisions of Article 196 of the Criminal Law;
2. If the amount is more than 100,000 yuan and less than 1 million yuan, it shall be classified as "a huge amount" according to the provisions of Article 196 of the Criminal Law;
3. The amount is more than 1 million yuan. According to the provisions of Article 96 of the Criminal Law, it is classified as “a huge amountâ€.
The amount of malicious overdraft does not include the fees charged by the issuing bank, such as compound interest, late payment fees, and handling fees.
Second, the serious consequences of credit card overdraft
The serious consequences of malicious overdraft of credit card mainly include the following three aspects:
1. The bankruptcy of personal credit records.
Personal credit history is actually very important. A malicious credit card overdraft is equivalent to directly ruling the credit record. This credit stain will accompany your life. There will be a negative impact on your future bank loans and credit.
2. High interest penalty.
As we all know, banks are charged a high amount of late fees and interest on overdue credit card payments, and interest is calculated on compound interest. How high is interest? An intuitive example can help you understand this. Once there was a card friend in Guangzhou, overdraft 1000, did not return, 5 years later, was fined more than 10,000 yuan.
3. Legal risk, sentenced.
Credit card overdrafts have been explicitly written into criminal law. Credit card malicious overdraft, the starting point of sentencing is more than 1 year, and a fine is also charged. This penalty is different from the bank's high interest penalty, which is also very expensive.
Third, the credit card malicious overdraft filing standard
Two high-definition credit card "malicious overdraft" sentencing standards (full text)
Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Credit Card Management
In order to punish the criminal activities of credit card management in accordance with the law, and to maintain the credit card management order and the legitimate rights and interests of cardholders, according to the Criminal Law of the People's Republic of China, some of the issues concerning the specific application of laws in handling such criminal cases are explained as follows:
Article 1: Copying another person's credit card, writing other people's credit card information into magnetic strip media, chip or forging more than one credit card by other means shall be deemed to be stipulated in the first paragraph (4) of Article 177 of the Criminal Law. The "forgery of credit cards" was convicted and punished for the crime of forging financial tickets.
If more than 10 blank credit cards are forged, they shall be deemed to be “forgery credit cards†as stipulated in the first paragraph (4) of Article 177 of the Criminal Law, and shall be convicted and punished for the crime of forging financial tickets.
Forgery of a credit card, in any of the following circumstances, shall be deemed to be "serious circumstances" as stipulated in Article 177 of the Criminal Law:
(1) Forging more than 5 credit cards and less than 25
(2) The balance of the credit card in the forged credit card, the amount of overdraft, alone or in aggregate, is less than 200,000 yuan and less than 1 million yuan; (3) Forging more than 50 blank credit cards with less than 250 copies; (4) Other serious circumstances.
Forgery of a credit card, in any of the following circumstances, shall be deemed to be "specially serious" as stipulated in Article 177 of the Criminal Law:
(1) Forging more than 25 credit cards
(2) The balance of the deposits in the forged credit card, the amount of overdraft, alone or in aggregate, is more than 1 million yuan; (3) Forging more than 250 blank credit cards; (4) Other circumstances are particularly serious.
The term "balance of credit card deposits and overdraft limit" as mentioned in this Article shall be calculated based on the maximum deposit balance and overdraft limit recorded by the issuing bank after the credit card is forged.
Article 2 If it is known that it is a forged blank credit card and holds or transports more than 10 or less than 100, it shall be deemed to be “larger quantity†as stipulated in paragraph 1 (1) of Article 177 of the Criminal Law. If the illegal holding of more than 5 credit cards of another person is less than 50, it shall be deemed as "larger quantity" as stipulated in the first paragraph (2) of one of the 177th articles of the Criminal Law.
In any of the following circumstances, it shall be deemed as “a huge amount†as stipulated in the first paragraph of Article 177 of the Criminal Law:
(1) Knowing that it is a forged credit card and holding and transporting more than 10
(2) knowing that it is a forged blank credit card and holding or transporting more than 100 cards; (3) illegally holding more than 50 credit cards of others
(4) Using a false identity certificate to defraud a credit card of more than 10 cards
(5) Selling, purchasing, providing a forged credit card to others or a fraudulent credit card with more than 10 credit cards. Violation of the wishes of others, using their resident ID card, military officer's card, soldier's card, Hong Kong and Macao residents to travel to the Mainland, Taiwan residents to travel to the mainland, passports and other identity certificates to apply for credit cards, or use forged or altered identity certificates to apply for credit cards It shall be deemed to be “using a false identity certificate to defraud the credit card†as stipulated in the first paragraph (3) of Article 177 of the Criminal Law.
Article 3: Stealing, buying, or illegally providing credit card information of others is sufficient to forge a credit card that can be traded, or sufficient for others to conduct transactions in the name of a credit card holder. If one or more credit cards are less than five, the first hundred in accordance with the Criminal Law. The provisions of the second paragraph of Article 77 shall be convicted and punished for the crime of stealing, buying or illegally providing credit card information; if more than 5 credit cards are involved, it shall be deemed as the first paragraph of Article 177 of the Criminal Law. "The number is huge."
Article 4: Produce and provide false credit status, income, position and other credit certificate materials for credit card applicants, involving forgery, alteration, sale of official documents, certificates, seals of state organs, or involving forgery of companies, enterprises, institutions, and people's organizations. If the seal is to be investigated for criminal responsibility, it shall be convicted and punished for the crime of forging, altering or trading the official documents, certificates, seals of the state organs and forging the seals of the company, enterprises, institutions and people's organizations in accordance with the provisions of Article 208 of the Criminal Law. .
An intermediary organization or its personnel who assume responsibility for asset assessment, capital verification, verification, accounting, auditing, legal services, etc., shall provide credit card applicants with false information on property status, income, position, etc., and shall be investigated for criminal responsibility, in accordance with the Criminal Law. The provisions of Article 229 are convicted and punishable by the crime of providing false certification documents and the issuance of a documentary evidence of gross misrepresentation.
Article 5 If a forged credit card, a credit card with a false identity is proved, a credit card that is invalidated, or a credit card of another person is fraudulently used for credit card fraud, if the amount is less than 5,000 yuan and less than 50,000 yuan, it shall be recognized as the 100th criminal law. Article 96 of the "large amount"; if the amount is more than 50,000 yuan and less than 500,000 yuan, it shall be deemed as "a huge amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 500,000 yuan, It should be recognized as “the amount is extremely large†as stipulated in Article 196 of the Criminal Law.
The “use of other people’s credit cards†as mentioned in the first paragraph of (1) of Article 196 of the Criminal Law includes the following situations:
(1) picking up someone else’s credit card and using it
(2) Defrauding someone else’s credit card and using it
(3) stealing, buying, fraudulently obtaining or otherwise illegally obtaining credit card information and materials, and using it through the Internet, communication terminals, etc.
(4) Other circumstances in which other people's credit cards are fraudulently used.
Article 6 The cardholder shall, for the purpose of illegal possession, exceed the prescribed limit or the prescribed time limit, and shall not be returned after more than three months after the card-issuing bank has received the two collections, and shall be deemed to be the provisions of Article 196 of the Criminal Law. "Malicious overdraft."
In any of the following circumstances, 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 there is no repayment ability and a large amount of overdraft, which cannot be returned
(2) The funds that are arbitrarily squandered and overdrawn, cannot be returned
(3) escaping after the overdraft, changing contact information, evading bank collection; (4) escaping, transferring funds, concealing property, and evading repayment; (5) using overdraft funds for illegal activities; (6) other illegal Possession of funds and refusal to return.
If the amount is above 10,000 yuan and less than 100,000 yuan, it shall be deemed as the "large amount" as stipulated in Article 196 of the Criminal Law; if the amount is less than 100,000 yuan and less than 1 million yuan, it shall be deemed as criminal law. The "amount is huge" as stipulated in Article 196; if the amount is more than 1 million yuan, it shall be deemed as "the amount is extremely large" as stipulated in Article 196 of the Criminal Law.
The amount of malicious overdraft refers to the amount that the cardholder refuses to return or the amount that has not been returned under the conditions specified in the first paragraph. Does not include the fees charged by the issuing bank, such as compound interest, late payment fees, and handling fees.
Malicious overdrafts should be investigated for criminal responsibility. However, after the public security organ has filed a case and the people's court has repaid all overdrafts before the decision is announced, it can be punished gently. If the circumstances are minor, the punishment can be exempted. The amount of malicious overdraft is relatively large. Before the public security organ has filed a case for repayment of all overdrafts and interest payments, the circumstances are significantly minor, and criminal responsibility may not be pursued according to law.
Article 7 In violation of state regulations, the use of point-of-sale equipment (pos machine) and other methods to directly pay cash to credit card holders by fictitious transactions, false prices, cash returns, etc. If the circumstances are serious, it shall be based on the second hundred of the Criminal Law. The provisions of Article 25 shall be convicted and punished for the crime of illegal business operations.
If the amount of the preceding paragraph is more than 1 million yuan, or if the financial institution’s funds exceed 200,000 yuan, or if the financial institution loses more than 100,000 yuan, it shall be deemed to be Article 225 of the Criminal Law. The prescribed "serious circumstances"; if the amount is more than 5 million yuan, or if the financial institution's funds exceed 1 million yuan, or the economic losses of financial institutions are more than 500,000 yuan, it shall be recognized as the 225th of the Criminal Law. The "sense is particularly serious" in the five articles.
If the cardholder uses illegal immigration for the purpose of illegal possession and should be investigated for criminal responsibility, he shall be convicted and punished for the crime of credit card fraud in accordance with the provisions of Article 196 of the Criminal Law.
Article 8 Where a unit commits an offence as defined in Articles 1 and 7 of this Interpretation, the conviction and sentencing standards shall be implemented in accordance with the provisions of each Article.
1. The condition that the credit card malicious overdraft constitutes a crime
1. Two collections by the issuing bank;
2. The previous payment was not returned for more than three months. It was sent because it did not receive the bank’s call notification or other collection documents, and did not return it on time. The cardholder did not receive the notice or the instrument, and it was not returned after a certain period of time. Not a "malicious overdraft."
The amount of malicious overdraft:
1. If the amount is more than 10,000 yuan and less than 100,000 yuan, it shall be classified as "a large amount" according to the provisions of Article 196 of the Criminal Law;
2. If the amount is more than 100,000 yuan and less than 1 million yuan, it shall be classified as "a huge amount" according to the provisions of Article 196 of the Criminal Law;
3. The amount is more than 1 million yuan. According to the provisions of Article 96 of the Criminal Law, it is classified as “a huge amountâ€.
The amount of malicious overdraft does not include the fees charged by the issuing bank, such as compound interest, late payment fees, and handling fees.
Second, the serious consequences of credit card overdraft
The serious consequences of malicious overdraft of credit card mainly include the following three aspects:
1. The bankruptcy of personal credit records.
Personal credit history is actually very important. A malicious credit card overdraft is equivalent to directly ruling the credit record. This credit stain will accompany your life. There will be a negative impact on your future bank loans and credit.
2. High interest penalty.
As we all know, banks are charged a high amount of late fees and interest on overdue credit card payments, and interest is calculated on compound interest. How high is interest? An intuitive example can help you understand this. Once there was a card friend in Guangzhou, overdraft 1000, did not return, 5 years later, was fined more than 10,000 yuan.
3. Legal risk, sentenced.
Credit card overdrafts have been explicitly written into criminal law. Credit card malicious overdraft, the starting point of sentencing is more than 1 year, and a fine is also charged. This penalty is different from the bank's high interest penalty, which is also very expensive.
Third, the credit card malicious overdraft filing standard
Two high-definition credit card "malicious overdraft" sentencing standards (full text)
Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Credit Card Management
In order to punish the criminal activities of credit card management in accordance with the law, and to maintain the credit card management order and the legitimate rights and interests of cardholders, according to the Criminal Law of the People's Republic of China, some of the issues concerning the specific application of laws in handling such criminal cases are explained as follows:
Article 1: Copying another person's credit card, writing other people's credit card information into magnetic strip media, chip or forging more than one credit card by other means shall be deemed to be stipulated in the first paragraph (4) of Article 177 of the Criminal Law. The "forgery of credit cards" was convicted and punished for the crime of forging financial tickets.
If more than 10 blank credit cards are forged, they shall be deemed to be “forgery credit cards†as stipulated in the first paragraph (4) of Article 177 of the Criminal Law, and shall be convicted and punished for the crime of forging financial tickets.
Forgery of a credit card, in any of the following circumstances, shall be deemed to be "serious circumstances" as stipulated in Article 177 of the Criminal Law:
(1) Forging more than 5 credit cards and less than 25
(2) The balance of the credit card in the forged credit card, the amount of overdraft, alone or in aggregate, is less than 200,000 yuan and less than 1 million yuan; (3) Forging more than 50 blank credit cards with less than 250 copies; (4) Other serious circumstances.
Forgery of a credit card, in any of the following circumstances, shall be deemed to be "specially serious" as stipulated in Article 177 of the Criminal Law:
(1) Forging more than 25 credit cards
(2) The balance of the deposits in the forged credit card, the amount of overdraft, alone or in aggregate, is more than 1 million yuan; (3) Forging more than 250 blank credit cards; (4) Other circumstances are particularly serious.
The term "balance of credit card deposits and overdraft limit" as mentioned in this Article shall be calculated based on the maximum deposit balance and overdraft limit recorded by the issuing bank after the credit card is forged.
Article 2 If it is known that it is a forged blank credit card and holds or transports more than 10 or less than 100, it shall be deemed to be “larger quantity†as stipulated in paragraph 1 (1) of Article 177 of the Criminal Law. If the illegal holding of more than 5 credit cards of another person is less than 50, it shall be deemed as "larger quantity" as stipulated in the first paragraph (2) of one of the 177th articles of the Criminal Law.
In any of the following circumstances, it shall be deemed as “a huge amount†as stipulated in the first paragraph of Article 177 of the Criminal Law:
(1) Knowing that it is a forged credit card and holding and transporting more than 10
(2) knowing that it is a forged blank credit card and holding or transporting more than 100 cards; (3) illegally holding more than 50 credit cards of others
(4) Using a false identity certificate to defraud a credit card of more than 10 cards
(5) Selling, purchasing, providing a forged credit card to others or a fraudulent credit card with more than 10 credit cards. Violation of the wishes of others, using their resident ID card, military officer's card, soldier's card, Hong Kong and Macao residents to travel to the Mainland, Taiwan residents to travel to the mainland, passports and other identity certificates to apply for credit cards, or use forged or altered identity certificates to apply for credit cards It shall be deemed to be “using a false identity certificate to defraud the credit card†as stipulated in the first paragraph (3) of Article 177 of the Criminal Law.
Article 3: Stealing, buying, or illegally providing credit card information of others is sufficient to forge a credit card that can be traded, or sufficient for others to conduct transactions in the name of a credit card holder. If one or more credit cards are less than five, the first hundred in accordance with the Criminal Law. The provisions of the second paragraph of Article 77 shall be convicted and punished for the crime of stealing, buying or illegally providing credit card information; if more than 5 credit cards are involved, it shall be deemed as the first paragraph of Article 177 of the Criminal Law. "The number is huge."
Article 4: Produce and provide false credit status, income, position and other credit certificate materials for credit card applicants, involving forgery, alteration, sale of official documents, certificates, seals of state organs, or involving forgery of companies, enterprises, institutions, and people's organizations. If the seal is to be investigated for criminal responsibility, it shall be convicted and punished for the crime of forging, altering or trading the official documents, certificates, seals of the state organs and forging the seals of the company, enterprises, institutions and people's organizations in accordance with the provisions of Article 208 of the Criminal Law. .
An intermediary organization or its personnel who assume responsibility for asset assessment, capital verification, verification, accounting, auditing, legal services, etc., shall provide credit card applicants with false information on property status, income, position, etc., and shall be investigated for criminal responsibility, in accordance with the Criminal Law. The provisions of Article 229 are convicted and punishable by the crime of providing false certification documents and the issuance of a documentary evidence of gross misrepresentation.
Article 5 If a forged credit card, a credit card with a false identity is proved, a credit card that is invalidated, or a credit card of another person is fraudulently used for credit card fraud, if the amount is less than 5,000 yuan and less than 50,000 yuan, it shall be recognized as the 100th criminal law. Article 96 of the "large amount"; if the amount is more than 50,000 yuan and less than 500,000 yuan, it shall be deemed as "a huge amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 500,000 yuan, It should be recognized as “the amount is extremely large†as stipulated in Article 196 of the Criminal Law.
The “use of other people’s credit cards†as mentioned in the first paragraph of (1) of Article 196 of the Criminal Law includes the following situations:
(1) picking up someone else’s credit card and using it
(2) Defrauding someone else’s credit card and using it
(3) stealing, buying, fraudulently obtaining or otherwise illegally obtaining credit card information and materials, and using it through the Internet, communication terminals, etc.
(4) Other circumstances in which other people's credit cards are fraudulently used.
Article 6 The cardholder shall, for the purpose of illegal possession, exceed the prescribed limit or the prescribed time limit, and shall not be returned after more than three months after the card-issuing bank has received the two collections, and shall be deemed to be the provisions of Article 196 of the Criminal Law. "Malicious overdraft."
In any of the following circumstances, 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 there is no repayment ability and a large amount of overdraft, which cannot be returned
(2) The funds that are arbitrarily squandered and overdrawn, cannot be returned
(3) escaping after the overdraft, changing contact information, evading bank collection; (4) escaping, transferring funds, concealing property, and evading repayment; (5) using overdraft funds for illegal activities; (6) other illegal Possession of funds and refusal to return.
If the amount is above 10,000 yuan and less than 100,000 yuan, it shall be deemed as the "large amount" as stipulated in Article 196 of the Criminal Law; if the amount is less than 100,000 yuan and less than 1 million yuan, it shall be deemed as criminal law. The "amount is huge" as stipulated in Article 196; if the amount is more than 1 million yuan, it shall be deemed as "the amount is extremely large" as stipulated in Article 196 of the Criminal Law.
The amount of malicious overdraft refers to the amount that the cardholder refuses to return or the amount that has not been returned under the conditions specified in the first paragraph. Does not include the fees charged by the issuing bank, such as compound interest, late payment fees, and handling fees.
Malicious overdrafts should be investigated for criminal responsibility. However, after the public security organ has filed a case and the people's court has repaid all overdrafts before the decision is announced, it can be punished gently. If the circumstances are minor, the punishment can be exempted. The amount of malicious overdraft is relatively large. Before the public security organ has filed a case for repayment of all overdrafts and interest payments, the circumstances are significantly minor, and criminal responsibility may not be pursued according to law.
Article 7 In violation of state regulations, the use of point-of-sale equipment (pos machine) and other methods to directly pay cash to credit card holders by fictitious transactions, false prices, cash returns, etc. If the circumstances are serious, it shall be based on the second hundred of the Criminal Law. The provisions of Article 25 shall be convicted and punished for the crime of illegal business operations.
If the amount of the preceding paragraph is more than 1 million yuan, or if the financial institution’s funds exceed 200,000 yuan, or if the financial institution loses more than 100,000 yuan, it shall be deemed to be Article 225 of the Criminal Law. The prescribed "serious circumstances"; if the amount is more than 5 million yuan, or if the financial institution's funds exceed 1 million yuan, or the economic losses of financial institutions are more than 500,000 yuan, it shall be recognized as the 225th of the Criminal Law. The "sense is particularly serious" in the five articles.
If the cardholder uses illegal immigration for the purpose of illegal possession and should be investigated for criminal responsibility, he shall be convicted and punished for the crime of credit card fraud in accordance with the provisions of Article 196 of the Criminal Law.
Article 8 Where a unit commits an offence as defined in Articles 1 and 7 of this Interpretation, the conviction and sentencing standards shall be implemented in accordance with the provisions of each Article.
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