1. How to deal with the credit card economic investigation summons
Being summoned by the economic investigation for an overdue credit card means that the overdue credit card has entered the judicial process.
For overdue credit cards and economic investigation summonses, the judicial authorities will decide whether to file a case, because once a case is filed for credit card fraud, it is a criminal case, and the case cannot be dismissed at will. It must be dealt with, and the circumstances are consistent and sustained. The cardholder may go to jail.
2. How to accept overdue credit cards by the Economic Investigation Brigade
(1) When accepting a case, the reporter should first explain the purpose of his visit to the police officer of the Economic Investigation Department and fill out the "Report Form". Accept inquiries from police officers, truthfully explain the relevant situation, and provide relevant evidence and materials.
(2) After accepting the case, the receiving police officer will promptly enter the case into the police information management system, prepare a "Registration Form for Accepting Criminal Cases" through the system, and submit the "Report Receipt" automatically numbered by the system. Reporter.
(3) After accepting a criminal case, the economic investigation department will start the case filing review as soon as possible. Generally, within 7 working days, a decision will be made on whether to file the case or not, and the parties will be notified. In the case of difficult or major economic crimes, the decision on whether to file the case can be extended for 30 to 60 working days, but it needs to be approved by the relevant leaders. If the review period is extended, the case-handling unit shall provide a good explanation to the person reporting the case.
3. How to accept the filing of overdue credit card cases by the Economic Investigation Brigade
(1) After the economic investigation department of the public security organ accepts the report, after review, if it meets the conditions for filing the case, it will be filed with the public security department at or above the county level. The case shall be filed with the approval of the person in charge of the agency. Anyone who is not held criminally responsible in accordance with the law will not file a case with the approval of the person in charge of the public security organ at or above the county level.
If the following conditions are met at the same time, the public security organ shall file a case:
1. It is believed that there are criminal facts;
2. The amount, result or other circumstances of the suspected crime Meeting the prosecution standards for economic crime cases requires criminal liability;
3. It falls under the jurisdiction of the public security organ.
(2) If the public security organ decides not to file the case after review, if there is an accuser, it should prepare a "Notice of Not Opening the Case" and serve it to the accuser who reported the case within seven days. If the accuser is dissatisfied with the public security organ's decision not to file a case, he may apply to the public security organ that made the original decision for reconsideration of the case, or raise an objection to the People's Procuratorate at the same level.
4. How to determine the sentencing standard for overdue credit cards suspected of credit card fraud
1. Whoever commits the crime of credit card fraud shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan and not less than 20,000 yuan.
2. If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan;
3. If the amount is particularly huge or there are other particularly serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or have property confiscated.
If a credit card is overdue and the bank fails to collect the debt despite calls or door-to-door collection, the bank will initiate judicial proceedings. Once the cardholder maliciously overdrafts, it constitutes a crime of credit card fraud. If the amount is relatively large, the person will be sentenced to fixed-term imprisonment of not more than five years, and if the amount is particularly large or the circumstances are particularly serious, the maximum penalty will be life imprisonment.