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Judicial interpretation on How to process criminal offense against credit card management

Credit card crimes usually appear in the following forms in the present day: credit card forgery, application for credit card with fake ID card, fraudulent use of other person’s credit card, credit card theft, malicious credit card cash-out. The above credit card crimes highly jeopardize social interest.  They are offenses against social order, seriously harm the integrity of the financial market and even infringe on both the credit card holder’s property and bank assets. Therefore, victims of credit card crimes are not only personal/bank’s property but also the safety of national financial assets. The Supreme People's Procuratorate and the Supreme People's Court promulgated a Judicial interpretation on How to process criminal offense against credit card management against the above mentioned credit card crimes to strengthen punishment on credit card crimes.

Main contents of the new judicial interpretation:

1. Threshold of credit card forgery.  Article I of the Judicial Interpretation provides that forgery of one fake credit card will constitute a crime. 

2. Determination on fraudulent applications for credit card by use of forged ID. Article II of the Judicial Interpretation contains further detailed rules on fraudulent applications for credit card using forged ID, which includes application for credit card against other person’s will, using other person’s ID, and using forged/altered ID.

3. Crime for theft, purchase and illegal provision of personal information on credit card. Article III of the Judicial Interpretation stipulates that theft, purchase and illegal provision of one personal information on credit card will constitute a crime. 

4. Crime for production and provision of false credit standing certificate for credit card applicants. Article IV of the Judicial Interpretation provides that anyone who makes/provides false credit standing certificate for credit card applicants shall be pursued crime of forgery/alteration/sale of state organs’ instruments, certificates, seals or forgery of companies’, enterprises’ public service units’ and people’s organizations’ seals .

5. Use of other person’s lost card shall be deemed guilty. Article V of the Judicial Interpretation contains details on this crime.

6. Malicious credit card cash-out shall be pursued criminal liability. Article VI, sub-Article 1 provides for the main elements of malicious credit card cash-out and compares the differences between malicious credit card cash-out and cash-out with good faith. Sub-Article 2 defines conviction and sentencing of specific standards for “large amounts “, “enormous amount” and “a huge amount of”. Sub-Article 3 and 4 provide determination of the amount of malicious credit card cash-out as well as lenient sentence for repayment of the debt before delivery of the judgment and case acceptance.