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Reply of the Research Office of the Supreme People's Court on Several Issues concerning the Application of Law to Credit Card-Related Crimes [Effective]
最高人民法院研究室关于信用卡犯罪法律适用若干问题的复函 [现行有效]
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Reply of the Research Office of the Supreme People's Court on Several Issues concerning the Application of Law to Credit Card-Related Crimes

 

最高人民法院研究室关于信用卡犯罪法律适用若干问题的复函

(No. 105 [2010] of the Research Office of the Supreme People's Court) (法研[2010]105号)

The Economic Crime Investigation Bureau of the Ministry of Public Security: 公安部经济犯罪侦查局:
Your Letter for Opinions on Several Issues concerning the Application of Law When Public Security Authorities Handle Cases Involving Credit Card-Related Crimes (No. 110 [2010], Economic Crime Investigation Bureau of the Ministry of Public Security) has been received. Upon deliberation, the following opinions are presented for your reference: 你局公经金融[2010]110号《关于公安机关办理信用卡犯罪案件法律适用若干问题征求意见的函》收悉。经研究,提出以下意见供参考:
I. Where a person commits malicious overdrafts with multiple credit cards, but the overdraft amount on each credit card falls below the standard of 10,000 yuan for initiation of investigation, as a general rule, investigation may be initiated based on the accumulated amount. However, because the circumstances giving rise to a person's application for multiple credit cards are complicated, where the accumulated overdraft amounts are not huge, the cases shall be handled in a discreet manner according to different circumstances.
......
   一、对于一人持有多张信用卡进行恶意透支,每张信用卡透支数额均未达到1万元的立案追诉标准的,原则上可以累计数额进行追诉。但考虑到一人办多张信用卡的情况复杂,如累计透支数额不大的,应分别不同情况慎重处理。
......

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