Will the defendant go to jail for 50 thousand credit card installment?

The defendant's credit card is overdue and he doesn't have to go to jail. If the overdue overdraft is malicious, criminal proceedings will be initiated, criminal responsibility will be investigated, and you may go to jail. Those who maliciously overdraw 50,000 yuan can be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined. However, if it is not a malicious overdraft, a civil lawsuit will generally be filed to investigate the civil repayment responsibility. Those who can actively repay the arrears before the judgment will also be relieved or exempted from criminal punishment.

legal ground

Article 54 of the Provisions on the Standards for Criminal Cases under the Jurisdiction of Public Security Organs [Credit Card Fraud (Article 196 of the Criminal Law)] If a person is suspected of credit card fraud, he shall file a case for prosecution under any of the following circumstances:

(1) Using forged credit cards, or using forged identity documents to defraud credit cards, or using invalid credit cards, or fraudulently using other people's credit cards to engage in fraudulent activities, with an amount of more than 5,000 yuan;

(2) Malicious overdraft, the amount of which is more than 1 10,000 yuan.

The term "malicious overdraft" as mentioned in this article refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and has not returned it for more than three months after being repeatedly urged by the issuing bank.

Malicious overdraft, the amount of which is more than 1 10,000 yuan but less than110,000 yuan, has been fully repaid before the public security organ files a case. If the circumstances are obviously minor, criminal responsibility may not be investigated according to law.