Credit card " ill will overdraws " judicatory explanation gives heat, does the consequence of exce

Last week, procuratorate of top people court, top people releases relevant document, made clear credit card " ill will overdraws " newest limit a criterion, new rule already was carried out formally on December 1.

In this portion name is " supervise criminal case about handling obstructive credit card specific application law the explanation of a certain number of problems " (the following abbreviation " explanation " ) in the file, "Two tall " the description that the orgnaization overdraws to ill will had bigger alter, among them of the biggest different cognizance doorsill go up tone.

Basis " explain " newest regulation, in the cognizance standard that credit card ill will overdraws:

"Number is larger " case by " 10 thousand yuan of above are malcontent 100 thousand yuan " repair instead " 50 thousand yuan of above is malcontent 500 thousand yuan " ;

"Amount is huge " by former " 100 thousand yuan of above are malcontent 1 million yuan " repair instead " 500 thousand yuan of above is malcontent 5 million yuan " ;

"Amount is particularly huge " by former " 1 million yuan of above " adjust for " 5 million yuan of above " .

What say here " amount " , it is to point to end when put on record of criminal of public security mechanism, what have not remand is actual overdraw principal amount, do not include the charge of the hairpin bank collection such as accept of accrual, compound interest, sluggish, poundage; The amount that remand or pays, ought to maintain the capital that overdraws actually to remand. This sets, can alleviate the person that hold card overdraws the forehead is spent along with time of exceed the time limit excessive growth, and the question with bring about reimbursement more and more difficult.

Credit card " ill will overdraws " , those who point to is to hold calorie of person to be a purpose with detinue, set limit more than or time limit overdraws, the behavior that after and classics hairpin bank is urged closing, still does not remand.

Be in new " explanation " in, afore-mentioned descriptions increased more refine cognizance standard, namely " classics hairpin bank is urged effectively twice after closing, more than 3 months still do not remand " . So called " urge effectively twice close " , interval should amount to 30 days at least.

Overall and character, new regulation is normative on certain level urge stop action, emphasized urging the effectiveness that collects evidence.

In the meantime, judicatory explanation still emphasized " it is a purpose with detinue " importance, listed the following kinds of typical situations:

1, know perfectly well do not have reimbursement ability and a large number of overdrawing, cannot remand;

2, use false financial condition to prove explain after getting credit card, overdraw, cannot remand;

3, the medium such as means is contacted through abscond, change after overdrawing, escape a bank to urge close;

4, use overdrawing capital to have guilty activity;

5, smoke escape, move capital, hide belongings, escape reimbursement;

6, other detinue capital, the case that refus does not remand.

Judicatory explains a provision, ill will overdraws number is larger, remand entirely before to sue or have other plot of slight case, need not sue; Remand entirely before first instance adjudicates or have other plot of slight case, but lest grant,criminal is punished.

But, because credit card bilk suffers,ever passed the exception that above punishs twice.

In light of whole, this second " two tall " the credit card ill will that the orgnaization makes overdraws judicatory explanation is revised, content is with when all enters, of cognizance standard rise and urge those who accept validity to affirm, whole also is the rights and interests that is helpful for the person that hold card relatively.

Nevertheless Xiaojin thinks those who say is, credit card once exceed the time limit had better be paid off as soon as possible, once time became long, consequence is very serious still.

1, charge of exceed the time limit of generation high specified number

Credit card once exceed the time limit, fine for delaying payment of silver-colored guild collection and punish breath.

Generally speaking, means of computation of accrual of exceed the time limit is: This Zhang fund reachs since day of keep accounts of every Zhang money pay off day to stop to be counted for plan breath day, with " ten thousand and five " for interest rate, press day of plan breath, press benefit of lunar plan recover.

The collection standard of fine for delaying payment is: Did not return 5% computation of the part by lowermost reimbursement specified amount, lowest 10 yuan (RMB) .

Additional, annual hundreds of consummate year of 1000 yuan cost, also want as usual collection.

So, once time of exceed the time limit became long, accumulate over a long period, the cost of exceed the time limit of these a few high specified numbers is enough you suffer.

2, be brought into to ask for letter blacklist

Probably some friends once encountered this kind of awkwardness: Go to a bank when application car is borrowed or the room is borrowed, because there had been record of credit card exceed the time limit two years 3 times in the past, the result was borrowed by bank refus. . . . . .

Actually, each are big the commercial bank has received the Central Bank to impose letter system, civilian ask forring believes orgnaization and system to be perfected basically already also, our society has entered credit period in the round.

Any credit card exceed the time limit, even if you are inadvertently, also can be included to impose letter system. If already exceed the time limit exceeds 3 months, so use credit opening " cant " for, your individual signs a letter already " spent " , you can be included bad Zhang by the bank list and the blacklist that sign a letter, do not want to handle credit card, application again later all sorts of loan, connect even industrial and commercial register have difficulty possibly.

Want to eliminate in signing a letter this greatly stain, unless pay off debt, waiting 5 years later, ability is OK after the record that sign a letter is updated " wash white " .

Here reminds everybody, do not be others casually (it is acquaintance even) do credit to assure, once exceed the time limit of the other side, you also have joint liability, ask for a letter to be able to have spot not only, the bank also can look for you to want debt directly.

3, face criminal liability

Block a person to holding for, this is the awfullest. The money that you owe a friend, owe a net to borrow, owe a flower even money, need not bear criminal responsibility, but if owed the money of credit card, be responsibility of possible negative criminal.

" criminal law " door of technical secondary school has to be called " credit card crime of fraud " , it has 4 cognizance levels:

1, use bogus credit card, or cheat with false identity get credit card;

2, use use credit card;

3, risk with other credit card;

4, ill will overdraws.

Great majority still does not have the person holding card of money, be sued finally by the bank, belong to the category that ill will overdraws.

The amount that overdraws about ill will is maintained protect accurate, article upper part has alluded somewhat, here says level of measurement of penalty:

Number is larger, be in 5 years of the following set term of imprisonments or arrest battle, be in 20 thousand yuan of above 200 thousand yuan of the following fine;

Amount is huge, be in 5 years of above 10 years the following set term of imprisonment, be in 50 thousand yuan of above 500 thousand yuan of the following fine;

Amount is particularly huge, be in set term of imprisonment of 10 years of above or life imprisonment, be in 50 thousand yuan of above 500 thousand yuan of the following fine perhaps confiscate property.

So, the judicatory with newest even if explains " rise " ill will overdraws limit a criterion, but hold calorie of person to us and character, the consequence of credit card exceed the time limit still is very serious.

Final Xiaojin wants to remind friends, the substaintial function of credit card has consumption only, if be used wanton set now, excessive overdraw, so once capital catenary ruptures,bring about cannot reimbursement, consequence will be unimaginable.