What is the process of prosecution?
(1) When a party files a lawsuit, it shall first submit an indictment and submit corresponding copies according to the number of the other party. If the parties are citizens, the names, gender, age, place of origin and address of both parties shall be stated; If the party is a unit, the name, address, legal representative or person in charge of the unit shall be stated. The body of the indictment shall specify the facts and reasons for the request and prosecution, and the tail shall be signed or stamped with the official seal.
(2) According to the principle of "whoever advocates gives evidence", the plaintiff shall submit the following materials to the court:
1, plaintiff qualification materials. Such as the original and photocopy of the resident ID card, residence booklet, passport, home visit certificate for Hong Kong and Macao compatriots, marriage certificate and other evidence; If the enterprise is the plaintiff, it shall submit a copy of the business license, business registration certificate and other materials.
2. Evidence to prove the plaintiff's claim. Such as contracts, agreements, debt instruments (IOUs, IOUs, etc. ), send and receive vouchers, letters, etc.
(3) When submitting documentary evidence to the court, the parties shall fill in a list of evidence in duplicate, detailing the names and pages of the evidence submitted. After the evidence is verified by the court undertaker, the undertaker shall sign and seal the evidence list, one for the parties and one for the file.
(four) the filing court shall, within seven days after the parties perform the necessary procedures and submit the relevant evidence materials, handle the filing procedures for those who meet the conditions for filing; Those who do not meet the conditions for filing a case shall be ruled inadmissible according to law.
(five) the parties shall pay the case acceptance fee and other litigation fees in advance within seven days from the date of receiving the notification of acceptance. If there are difficulties, you can submit a written application for reduction, deferment and exemption to our hospital during the advance delivery period. If the written application for delay, deferment or exemption is not approved within the time limit, our hospital will decide to withdraw the lawsuit automatically.
(6) After the case is put on file, the court arranges the court session time, and the parties shall obey the various work arrangements of the court. After the case is closed, the litigation expenses shall be settled in the financial office, and the overpayment shall be made and the underpayment shall be made.
Prosecution is the act of bringing a lawsuit to the court according to law and requesting the court to hear a specific case. All kinds of cases tried by people's courts are based on the prosecution of public prosecution organs or parties. If there is no prosecution, the court will not take the initiative to hear any case. If the court accepts the prosecution and agrees to hold a trial, it is called acceptance. The establishment of the prosecution marks the beginning of the litigation trial procedure.
legal ground
Article 196th of the Criminal Law of People's Republic of China (PRC) has one of the following circumstances, which constitutes the crime of credit card fraud. If the amount of credit card fraud is relatively large, he 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 there are other serious circumstances, he 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; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;
(2) Using an invalid credit card;
(3) Fraudulent use of another person's credit card;
(4) malicious overdraft.
The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank.
Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.