Latest sentencing standards for credit card fraud 2022

The crime of credit card fraud refers to the act of using credit cards to defraud a large amount of property for the purpose of illegal possession. According to the provisions of the Criminal Law, whoever commits credit card fraud under any of the following circumstances stipulated in Article 196 of the Criminal Law, if the amount is relatively large, 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.

Relevant judicial interpretation: the Supreme People's Court and the Supreme People's Procuratorate's Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management (Law Interpretation [20 18] 19, which came into effect on 20 18 12 1 day) is to punish criminal activities that hinder credit card management according to law.

Article 1 Anyone who copies another person's credit card, writes the information of another person's credit card into a magnetic stripe medium or chip, or forges multiple credit cards by other means shall be deemed as "forging credit cards" as stipulated in Item 4, Paragraph 1, Article 177 of the Criminal Law, and shall be convicted and punished for the crime of forging financial tickets.

Whoever forges more than ten blank credit cards shall be deemed as "forging credit cards" as stipulated in Item 4, Paragraph 1, Article 177 of the Criminal Law, and shall be convicted and punished for the crime of forging financial tickets.

Forged credit cards, in any of the following circumstances, shall be deemed as "serious circumstances" as stipulated in Article 177th of the Criminal Law:

(1) Forging more than five credit cards but less than twenty-five;

(2) Forging the credit card balance and overdraft limit, and the single or total amount is more than 200,000 yuan but less than1000,000 yuan;

(3) Forging more than 50 blank credit cards but less than 250;

(4) Other serious circumstances.

Forged credit cards, under any of the following circumstances, shall be deemed as "especially serious circumstances" as stipulated in Article 177th of the Criminal Law:

(1) Forging more than 25 credit cards;

(2) Forging the credit card balance and overdraft limit, individually or in total, of more than one million yuan;

(3) Forging more than 250 blank credit cards;

(4) Other particularly serious circumstances.

The credit card balance and overdraft limit mentioned in this article refer to the highest deposit balance and overdraft limit recorded by the issuing bank after the credit card is forged.

Article 2 Anyone who knowingly holds and transports more than 10 but less than 100 blank credit cards shall be deemed as "a large quantity" as stipulated in Item 1, Paragraph 1, Article 177-1 of the Criminal Law; Those who illegally hold more than five credit cards but less than fifty shall be deemed as "a large number" as stipulated in Item 2, Paragraph 1, Article 177-1 of the Criminal Law.

In any of the following circumstances, it shall be deemed as "a huge quantity" as stipulated in the first paragraph of Article 177th of the Criminal Law:

(1) Holding and transporting more than ten credit cards knowing that they are forged;

(2) knowingly holding or transporting more than 100 blank credit cards;

(3) illegally holding more than 50 credit cards of others;

(four) using false identification to defraud more than ten credit cards;

(5) Selling, purchasing or providing others with forged credit cards or obtaining more than ten credit cards by fraudulent means.

Applying for a credit card against the wishes of others by using my ID card, military officer's card, soldier's card, Hong Kong and Macao residents' travel permit to and from the mainland, mainland travel permit for taiwan residents, passport, etc. Or using forged or altered identification to apply for a credit card, it shall be deemed as "using false identification to defraud a credit card" as stipulated in Item 3, Paragraph 1, Article 177-1 of the Criminal Law.

Article 3 Whoever steals, buys or illegally provides credit card information of others, which is enough to forge credit cards that can be traded, or to make others trade in the name of credit card holders, and involves more than one credit card but less than five, shall be convicted and punished for the crime of stealing, buying or illegally providing credit card information in accordance with the provisions of the second paragraph of Article 177-1 of the Criminal Law; Involving more than five credit cards, it shall be deemed as "a huge amount" as stipulated in the first paragraph of Article 177-1 of the Criminal Law.

Article 4 Whoever makes or provides false credit certification materials such as property status, income and position for credit card applicants, which involves forging, altering, buying or selling official documents, certificates and seals of state organs, or forging seals of companies, enterprises, institutions and people's organizations, shall be investigated for criminal responsibility, and shall be punished as crimes of forging, altering, buying or selling official documents, certificates and seals of state organs and crimes of forging companies and enterprises respectively in accordance with the provisions of Article 280 of the Criminal Law.

Intermediaries or their personnel who undertake the responsibilities of asset evaluation, capital verification, verification, accounting, auditing and legal services. Those who provide false credit proof materials such as property status, income and position for credit card applicants shall be investigated for criminal responsibility. In accordance with the provisions of Article 229 of the Criminal Law, they shall be convicted and punished for the crime of providing false proof documents and the crime of issuing major false proof documents respectively.

Article 5 Whoever uses a forged credit card, a credit card fraudulently obtained with a false identity certificate, an invalid credit card or another person's credit card for credit card fraud shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law. If the amount is more than 50,000 yuan but less than 500,000 yuan, it shall be deemed as "a huge amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 500,000 yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law.

"Fraudulent use of another person's credit card" as mentioned in Item 3, Paragraph 1, Article 196 of the Criminal Law includes the following situations:

(1) Picking up other people's credit cards and using them;

(2) defrauding others of their credit cards and using them;

(three) stealing, buying, defrauding or other illegal means to obtain other people's credit card information and use it through the Internet, communication terminals, etc. ;

(four) other circumstances of fraudulent use of other people's credit cards.

Article 6 If a cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it after two effective collections 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.

The purpose of illegal possession should be judged according to the cardholder's credit history, 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.

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 to prove 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.

Article 7 A set that meets the following conditions shall be deemed as an "effective set" 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.

Whether it is an effective collection shall be judged according to the original evidence materials 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.

Eighth malicious overdraft, the amount of more than 50 thousand yuan but less than 500 thousand yuan, should be recognized as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 500,000 yuan but less than 5 million yuan, it shall be deemed as "a huge amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 5 million yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law.

Article 9 The amount of malicious overdraft refers to the actual overdraft principal amount that has not been returned when the public security organ files a criminal case, excluding interest, compound interest, late fees, handling fees and other fees charged by the issuing bank. The amount returned or paid shall be regarded as the return of the actual overdraft principal.

When examining and prosecuting, the procuratorial organ shall examine and determine the amount of malicious overdraft according to the transaction details, classified bills (overdraft bills, repayment bills) and other evidence materials provided by the issuing bank, combined with the excuses, defense opinions and relevant evidence materials put forward by the criminal suspect, defendant and their defenders; If it is difficult to determine the amount of malicious overdraft, it shall be examined and determined according to evidence materials such as judicial accounting and audit reports. In the course of trial, the people's court shall determine the amount of malicious overdraft on the basis of verifying the above-mentioned evidence materials.

The relevant evidential materials provided by the issuing bank shall have the signature of the bank staff and the official seal of the bank.

Article 10 If the amount of malicious overdraft is relatively large, and all of it has been returned before public prosecution is initiated, or there are other minor circumstances, public prosecution may not be initiated; If all of them are returned before the judgment of first instance or there are other minor circumstances, they may be exempted from criminal punishment. Except for those who have been punished for credit card fraud for more than two times.

Article 11 The provision of "malicious overdraft" in Article 196 of the Criminal Law shall not apply if the card-issuing bank illegally issues disguised loans by credit card overdraft and the cardholder fails to return them according to the provisions. Those who constitute other crimes shall be punished for other crimes.

Twelfth in violation of state regulations, the use of point-of-sale terminal equipment (POS machines) and other means, by fictitious transactions, false pricing, cash return and other ways to directly pay cash to credit card holders. If the circumstances are serious, he shall be convicted and punished for the crime of illegal business operation in accordance with the provisions of Article 225 of the Criminal Law.

If the amount of the act mentioned in the preceding paragraph is more than100000 yuan, or the funds of financial institutions are overdue by more than 200000 yuan, or the economic losses of financial institutions are more than100000 yuan, it shall be deemed as "serious circumstances" as stipulated in Article 225 of the Criminal Law; If the amount is more than 5 million yuan, or fails to return the funds of financial institutions1000000 yuan within the time limit, or causes economic losses of financial institutions of more than 500,000 yuan, it shall be deemed as "the circumstances are particularly serious" as stipulated in Article 225 of the Criminal Law.

If the cardholder maliciously overdraws in the above way for the purpose of illegal possession and should be investigated for criminal responsibility, he shall be convicted and punished for credit card fraud in accordance with the provisions of Article 196 of the Criminal Law.

Thirteenth units to implement the provisions of this interpretation, applicable to the provisions of this interpretation of the corresponding natural person crime conviction and sentencing standards.

Specific sentencing provisions: According to "Guiding Opinions on Sentencing for Joint Crimes (Trial)" issued by the Supreme People's Court and the Supreme People's Procuratorate.

(5) Crime of credit card fraud

1. If it constitutes the crime of credit card fraud, the starting point of sentencing shall be determined within the corresponding range according to the following circumstances:

(1) If the amount reaches a large starting point, the starting point of sentencing shall be determined within the range of fixed-term imprisonment and criminal detention of not more than two years.

(2) If the amount reaches a huge starting point or there are other serious circumstances, the starting point of sentencing shall be determined within the range of fixed-term imprisonment of not less than five years but not more than six years.

(3) If the amount reaches a particularly huge starting point or there are other particularly serious circumstances, the starting point of sentencing shall be determined within the range of fixed-term imprisonment of not less than 10 years but not more than 12 years. Except for those who should be sentenced to life imprisonment according to law.

2. On the basis of the starting point of sentencing, increase the penalty according to the amount of credit card fraud and other criminal facts that affect the composition of the crime, and determine the benchmark penalty.

3. If the crime of credit card fraud is constituted, the amount of the fine shall be determined by comprehensively considering the defendant's ability to pay the fine according to the fraud means, the amount of the crime and the harmful consequences.

4. If the crime of credit card fraud is constituted, the probation shall be decided by comprehensively considering the fraud means, crime amount, harmful consequences, returning stolen goods, compensation and other criminal facts, the circumstances of sentencing, and the defendant's subjective malignancy, personal danger, confession and repentance.

Note: After normal credit card consumption, the only things that can't be repaid due to business failure and other reasons are ordinary creditor's rights and debts disputes, which are generally not recognized as credit card fraud.