[Policy] Two high authorities issued major adjustments to the credit card overdraft policy! Increased from 1w to 5w!
Edit: Rong 360 QadarenSource: Rong 360 originalDate: 2018-11-29
Great news! ! ! On November 28th, yesterday, the Supreme People’s Court and the Supreme People’s Procuratorate jointly issued the “Decision on Amending the Interpretation of Several Issues Concerning the Application of Laws in the Handling of Criminal Cases of Credit Card Management” (hereinafter referred to as “Decision”). In the original judicial interpretation, the provisions on the crime of malicious overdraft credit card fraud were systematically revised.
All three changes really protect the interests of the card friends! It’s just the gospel! Card sister is now reading for everyone!
First, the increase in the threshold of malicious overdraft credit card
The "Decision" raised the conviction and sentencing standards for the original malicious overdraft credit card fraud in Interpretation. Article 196 of the Criminal Law:
The "large amount" situation was changed from the original "more than 10,000 yuan to less than 100,000 yuan" to "more than 50,000 yuan but less than 500,000 yuan";
The "large amount" situation was revised from the original "100,000 yuan or more to less than 1 million yuan" to "more than 500,000 yuan and less than 5 million yuan";
The situation of “extraordinary amount” was revised from the original “more than 1 million yuan” to “more than 5 million yuan”.
In recent years, the crime of malicious overdraft credit card fraud has continued to run at a high level. The original legal provisions on malicious overdraft have not met the actual situation of current economic and social development.
Therefore, "Interpretation" also clearly clarifies the principle of malicious overdraft credit card fraud, which can effectively avoid accidentally infringing some credit card overdraft card friends and equally protect the legitimate interests of card friends and banks.
Second, the calculation method of the amount of malicious overdraft is clear
The "Decision" clarifies the calculation method of the amount of malicious overdraft, stipulating that the amount of malicious overdraft refers to the amount of the actual overdraft that has not been returned by the public security organ when it is filed, excluding interest, compound interest, late payment fees, handling fees, etc. The fee charged. The amount returned or paid shall be deemed to be the principal of the actual overdraft."
In some previous judicial practice, some banks in the prosecution, the cardholders overdue interest, compound interest, late fees, annual fees, etc. are included in the overdraft limit, resulting in the court in the actual case of the cardholder’s sentencing Adopted a strict judgment.
The "Interpretation" issued by the two highs can effectively avoid the problem that the cardholder's overdraft limit is profitable with the increase of the overdue period, which is in line with the principle of malicious overdraft credit card fraud. At the same time, it is also emphasized that the amount of malicious overdraft is large. If it is returned before the prosecution is filed or has other minor circumstances, it may not be prosecuted.
Third, the emphasis on collection is effective
With regard to malicious overdraft, Article 6 of the Interpretation stipulates (old): the cardholder’s purpose of illegal possession exceeds the prescribed limit or the prescribed time limit, and it is not returned after more than three months after the card-issuing bank has received the two collections. "Malicious overdraft" for criminal law.
The Interpretation clearly identified the two collections as two effective collections.
Definition of effective collection:
Article 7 of the Interpretation (new): If the collection meets the following conditions, it shall be deemed as "effective collection" as stipulated in Article 6 of this Interpretation:
(1) After the overdraft exceeds the prescribed limit or the prescribed time limit;
(2) The collection shall be conducted in such a way as to be able to confirm the receipt of the cardholder, unless the cardholder intentionally evades the collection;
(3) The two collections shall be separated by at least 30 days;
(4) Compliance with relevant regulations or agreements for collection.
Whether it is a valid collection or not, it should be judged according to the telephone recording, the information delivery record, the letter delivery receipt, the email delivery record, the cardholder or the signature of the family member, and other original evidence materials.
The relevant evidence materials provided by the issuing bank shall have the signature of the bank staff and the official seal of the bank.
Prior to this, in some cases of malicious credit card overdraft cases, some cardholders did not receive the bank's overdue notification, and finally were maliciously overdue without knowing. The two high interpretations clarify the validity of the bank collection, which allows the cardholder to repay the loan as much as possible, and avoids the situation where the bank informs the cardholder through a single collection method that the information cannot be effectively notified.
Finally, the card sister should remind the card friends that the "Decision" will be implemented on December 1st. Don't be lucky, and deliberately overdue two or three thousand. There are many other legal provisions in the criminal law to regulate your behavior. ! We must cherish the good news to bring us the gospel, enjoy the convenience brought by credit, and don't let her down.
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