1. According to Article 6 of the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management, if a cardholder exceeds the prescribed limit or overdraws within the prescribed time limit for the purpose of illegal possession, and fails to return it after two effective reminders by the issuing bank for more than three months, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law.

2. The purpose of illegal possession shall be judged according to the cardholder's credit record, repayment ability and willingness, the application and overdraft of credit cards, the use of overdraft funds, the performance after overdraft, and the reasons for not repaying according to regulations. It is not allowed to identify the purpose of illegal possession just because the cardholder fails to repay the loan according to the regulations.

3. 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, unless there is evidence that the cardholder does not have the purpose of illegal possession:

(a) knowing that there is no repayment ability and a large amount of overdraft can not be returned;

(2) After applying for a credit card with a false credit certificate, it is overdrawn and cannot be returned;

(3) Escaping after overdraft or changing contact information to avoid bank collection;

(4) evading or transferring funds, concealing property or evading repayment;

(five) the use of overdraft funds for criminal activities;

(six) other illegal possession of funds, refused to return.

Extended data:

1. If the collection of credit card arrears meets the following conditions at the same time, it shall be deemed as "effective collection" as stipulated in Article 6 of this Interpretation:

(1) After the overdraft exceeds the prescribed limit or time limit;

(2) The collection shall be conducted in a way that can confirm the cardholder's collection, unless the cardholder intentionally evades the collection;

(3) The interval between two collections is at least thirty days;

(four) in accordance with the relevant provisions or agreed to collect.

2. Whether it is an effective collection shall be judged according to the original evidence materials of collection provided by the issuing bank, such as telephone recording, information delivery record, letter delivery receipt, e-mail delivery record, signature of the cardholder or his family. The relevant evidential materials provided by the issuing bank shall have the signature of the bank staff and the official seal of the bank.

Higher People's Court of Henan Province-Specific Application Law for Handling Criminal Cases of Impairment of Credit Card Management