【MicroPu law】Standards for criminalizing malicious overdrafts of credit cards

The Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Obstructing Credit Card Management, which came into effect on December 1, 2018.

The revised Interpretation adds five new articles, and the original article 6 is amended to read: "Where a cardholder overdrafts beyond the prescribed limit or prescribed period for the purpose of illegal possession, and does not return it after more than three months after two effective collections by the issuing bank, it shall be deemed to be a 'malicious overdraft' as provided for in Article 196 of the Criminal Law." ”

It is worth noting that the new article 8 of the Interpretation increases the amount of malicious overdraft, "Where the amount of malicious overdraft is more than 50,000 yuan and less than 500,000 yuan, it shall be determined as a 'relatively large amount' as provided for in article 196 of the Criminal Law; if the amount is more than 500,000 yuan and less than 5 million yuan, it shall be determined as a 'huge amount' provided for in article 196 of the Criminal Law; if the amount is more than 5 million yuan, it shall be found to be a 'particularly huge amount' provided for in article 196 of the Criminal Law." ”

At the same time, for the definition of the amount of malicious overdraft, the new article 9 of the Interpretation also provides an answer. "The amount of malicious overdraft refers to the amount of the actual overdraft that has not been returned by the public security organs at the time of criminal filing, excluding interest, compound interest, late fees, handling fees and other fees charged by the issuing bank. The amount returned or paid shall be deemed to be the principal amount of the actual overdraft returned. ”