Credit card malicious overdraft will be held criminally liable

Xu Xian The Supreme People's Court, the Supreme People's Procuratorate 15th jointly issued the "on the obstruction of credit card management of criminal cases specific application of the law of several topics of interpretation" provisions, where the cardholder has been illegally occupied for the purpose, exceeding the prescribed limit or the prescribed period overdraft, and having not returned for more than 3 months after two reminders from the issuing bank, it shall be deemed as "　　Malicious overdraft. Sun Yu, Deputy Attorney General of the Supreme People's Procuratorate, in accordance with the provisions of article 196th of the Criminal law of the PRC, "malicious overdraft" is a criminal act of credit card fraud. "Two high" judicial interpretation of "malicious overdraft" constitutes the conditions of the crime is clearly stipulated. In the judicial interpretation of "malicious overdraft" added two restrictions: One is the card issuing bank two times, and the second is more than three months did not return. The cardholder has not received the relevant notice or instrument, has not returned after a certain period of time, does not belong to "malicious overdraft". "Illegal possession" is a distinction between "malicious overdraft" and "goodwill overdraft" a major boundary, only with "illegal possession for the purpose of" the overdraft is "malicious overdraft", only to constitute a crime.　　Knowingly unable to repay and a large number of overdrafts do not return, profligate overdraft is not returned, overdraft after the concealment, change the way of communication to evade financial institutions and other cases are "illegal possession for the purpose of" performance. It is clear from the explanation that the amount of "malicious overdraft" means a refusal to return and outstanding payments, excluding the fees charged by the issuing banks such as late fees and compound interest. According to the criminal policy of leniency and leniency, if the court does not decide or the public security organ fails to file a case, the repayment of these overdraft payments shall be treated leniently or without criminal liability. (Xu Xian)