2. If you owe RMB 10,000 and still fail to repay for more than 3 months after two collections from the bank, this constitutes a crime of credit card fraud and you should be held criminally responsible. After the public security organ files a case for investigation, it usually takes about four months for the procuratorate to file a public prosecution in court.
Explanations of the Supreme People's Court and the Supreme People's Procuratorate on several issues concerning the specific application of law in handling criminal cases of obstruction of credit card management.
Article 6 If a cardholder, for the purpose of illegal possession, exceeds the prescribed limit or overdrafts within the time limit, and fails to return the card after two collections by the card-issuing bank for more than 3 months, it shall be deemed as Article 196 of the Criminal Law. "Malicious overdraft" as stipulated in the Article.
If any of the following circumstances occurs, it shall be deemed as “illegal possession for the purpose” as stipulated in the second paragraph of Article 196 of the Criminal Law:
(1) Knowingly not possessing A large amount of overdraft cannot be repaid due to the ability to repay;
(2) Squandering the overdraft funds and being unable to repay;
(3) Escape after overdraft, change contact information, and avoid bank collection .
(4) Evading or transferring funds, concealing property, or evading repayment;
(5) Using overdraft funds to carry out illegal and criminal activities;
( 6) Other behaviors of illegally possessing funds and refusing to return them.
A malicious overdraft with an amount of more than 654.38+0 million yuan but less than 654.38+0 million yuan shall be deemed as a "larger amount" as stipulated in Article 196 of the Criminal Law; if the amount is 654.38+0 million yuan If the amount is more than RMB 10,000 but less than RMB 10,000, it shall be deemed as a "huge amount" as stipulated in Article 196 of the Criminal Law; The amount is extremely huge."