65438+On February 29th, 2004, the National People's Congress Standing Committee (NPCSC) explained the credit card clauses in the Criminal Law of People's Republic of China (PRC). The Interpretation stipulates that the "credit card" as stipulated in the Criminal Law refers to an electronic payment card issued by commercial banks or other financial institutions with all or part of the functions of consumer payment, credit loan, transfer settlement and cash deposit and withdrawal. It can be seen that the intention of the legislature is clear, that is, to further expand and unify the scope of "credit card" in the sense of criminal law through legislative interpretation, that is, electronic payment cards issued by banks or other financial institutions belong to credit cards in the sense of criminal law as long as they have all or part of the functions of consumer payment, credit loan, transfer settlement, cash deposit and withdrawal, etc. Accordingly, credit cards in China's criminal law should include both credit cards with overdraft function in the international sense and bank debit cards without overdraft function. Malicious overdraft of credit cards does not necessarily constitute a crime. At this time, it will naturally not involve the issue of sentencing. Unless the criteria for conviction are met and it is determined to constitute a crime, the criminal responsibility of the perpetrator can be investigated according to law. As for the crime of credit card fraud, the credit card here should be explained in an expanded way. Like debit cards, although it does not have overdraft function, it is also a credit card here.

Legal objectivity:

Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards of Criminal Cases under the Jurisdiction of Public Security Organs (II)

Article 54

Credit card fraud, suspected of one of the following circumstances, should be filed for prosecution:

(1) Using forged credit cards, or using forged identity documents to defraud credit cards, or using invalid credit cards, or fraudulently using other people's credit cards to engage in fraudulent activities, with an amount of more than 5,000 yuan;

(2) Malicious overdraft, the amount of which is more than 1 10,000 yuan.

The term "malicious overdraft" as mentioned in this article refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and has not returned it for more than three months after being repeatedly urged by the issuing bank.

Malicious overdraft, the amount of which is more than 1 10,000 yuan but less than110,000 yuan, has been fully repaid before the public security organ files a case. If the circumstances are obviously minor, criminal responsibility may not be investigated according to law.