How many years can I get for stealing a bank card?

It belongs to the crime of credit card fraud, depending on the attitude, social influence and social harm after the crime.

According to Article 196 of the Criminal Law, whoever commits credit card fraud in any of the following circumstances, 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.

Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management.

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) of Paragraph 1 of 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.

Extended data:

The constitutive elements of the crime of credit card fraud are as follows:

1. The object of the crime of credit card fraud with a large overdraft is the credit card management system and the ownership of public and private property.

2. The objective aspect of this crime is the behavior of the actor using fictional facts or concealing the truth to defraud public and private property by credit card.

3. The subject of this crime is a general subject, and a natural person can be the subject of this crime.

4. The subjective aspect of this crime is intentional, and it is direct intentional. Subjectively, the actor must also have the purpose of illegally possessing public and private property. Indirect intentional and negligent crimes cannot constitute this crime. What needs to be pointed out here is that in all kinds of behaviors of credit card fraud, the perpetrators commit crimes intentionally because of their different behaviors. Each has its own specific content, which is different.

For example, if a fraudulent crime is committed by using a forged credit card or an invalid credit card, the perpetrator must subjectively know that it is a forged or invalid credit card, otherwise it cannot constitute this crime. In the case of credit card overdraft, the distinction between goodwill overdraft and malicious overdraft should also be analyzed from the intentional content of the actor. If the perpetrator intentionally occupies other people's property, it is a malicious overdraft, and vice versa.

Baidu encyclopedia-credit card fraud