According to article 196 of the Criminal Law, if a credit card is overdrawn in bad faith and the amount is relatively large, it 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 has other serious circumstances, it shall be sentenced to fixed-term imprisonment of not less than 50,000 yuan but not more than 500,000 yuan, and a fine of not less than 50,000 yuan or confiscation of property; if the amount is particularly large or has other particularly serious circumstances, it shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined between 50,000 and 500,000 yuan or confiscated property.
So what is a "malicious overdraft"? How is the specific "amount" defined?
According to the law, "malicious overdraft" refers to the cardholder's overdraft exceeding the prescribed limit or the prescribed time limit for the purpose of illegal possession, and still not returning it for more than three months after two effective collections by the issuing bank.
Where the amount is more than 50,000 yuan and less than 500,000 yuan, it shall be deemed to be a "relatively large amount"; if the amount is more than 500,000 yuan and less than 5 million yuan, it shall be determined as a "huge amount"; if the amount is more than 5 million yuan, it shall be determined as a "particularly huge amount".
In other words, if the credit card owes more than 50,000 yuan, and after two effective collections by the issuing bank, it is still not returned for more than three months, it may be investigated for criminal liability according to law.