Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws to the Hearing of Criminal Offenses Impeding the Management of Credit Cards (Revised in 2018)
Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws to the Hearing of Criminal Offenses Impeding the Management of Credit Cards (Revised in 2018)
Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws to the Hearing of Criminal Offenses Impeding the Management of Credit Cards (Revised in 2018)
Fa Shi [2018] No.19
November 28, 2018
(Adopted at the 1475th meeting of the Judicial Committee of the Supreme People's Court on October 12, 2009 and the 22nd meeting of the 11th Procuratorial Committee of the Supreme People's Procuratorate on November 12, 2009, and revised in accordance with the Decision of the Supreme People's Court and the Supreme People's Procuratorate on Amending the Interpretations on Several Issues Concerning the Application of Law in the Trial of Criminal Cases Involving the Obstruction of Credit Card Management adopted at the 1745th meeting of the Judicial Committee of the Supreme People's Court on July 30, 2018 and the seventh meeting of the 13th Procuratorial Committee of the Supreme People's Procuratorate on October 19, 2018)
With a view to imposing penalties for criminal offenses which impede the management of credit cards according to the law, maintaining the orderly management of credit cards and protecting the legitimate rights and interests of cardholders, several issues concerning the application of laws to the hearing of such criminal cases are hereby interpreted as follows in accordance with the Criminal Law of the People's Republic of China:
Article 1 Whoever forges one or more credit cards by duplicating another person's credit card, entering another person's credit card information into a medium or chip with a magnetic strip, or via any other means shall be deemed to have "forged a credit card" as stipulated in Item 4, Paragraph 1 of Article 177 of the Criminal Law and may be convicted of and sentenced for the crime of forging a financial instrument.
Whoever forges ten or more credit cards shall be deemed to have "forged credit cards" as stipulated in Item 4, Paragraph 1 of Article 177 of the Criminal Law and may be convicted of and sentenced for the crime of forging a financial instrument.
Whoever forges a credit card in any of the following circumstances shall be deemed to be subject to "aggravating circumstances" as stipulated in Article 177 of the Criminal Law:
1. where the number of credit cards forged is between five and 25;
2. where the balance of or the extent of facilities available on the forged credit cards, or the sum of both, is between CNY200,000 and CNY1,000,000;
3. where the number of blank credit cards forged is between 50 and 250; or
4. other aggravating circumstances.
Whoever forges credit cards in any of the following circumstances shall be deemed to be subject to "extreme aggravating circumstances" as stipulated in Article 177 of the Criminal Law:
1. where the number of credit cards forged exceeds 25;
2. where the balance of or the extent of facilities available on the forged credit cards, or the sum of both, exceeds CNY1,000,000;
3. where the number of blank credit cards forged exceeds 250; or
4. other extreme aggravating circumstances.
"The balance of or the extent of facilities available on the forged credit cards" as stated in the present article refers to the maximum balance or extent of facilities recorded by the issuing bank(s) after the credit cards are forged.
Article 2 Where a person holds or transports forged blank credit cards despite being aware that such cards are forged and the number of cards involved is between ten and 100, the matter shall be deemed to involve a "comparatively large amount" as stipulated in Item 1, Paragraph 1 of Article 177 of the Criminal Law; where a person illegally holds credit cards belonging to others and the number of cards involved is between five and 50, the matter shall be deemed to involve a "comparatively large amount" as stipulated in Item 2, Paragraph 1 of Article 177 of the Criminal Law.
Under any of the following circumstances, the matter shall be deemed to involve a "very large amount" as stipulated in Paragraph 1 of Article 177 of the Criminal Law:
1.
......
Fa Shi [2018] No.19
November 28, 2018
(Adopted at the 1475th meeting of the Judicial Committee of the Supreme People's Court on October 12, 2009 and the 22nd meeting of the 11th Procuratorial Committee of the Supreme People's Procuratorate on November 12, 2009, and revised in accordance with the Decision of the Supreme People's Court and the Supreme People's Procuratorate on Amending the Interpretations on Several Issues Concerning the Application of Law in the Trial of Criminal Cases Involving the Obstruction of Credit Card Management adopted at the 1745th meeting of the Judicial Committee of the Supreme People's Court on July 30, 2018 and the seventh meeting of the 13th Procuratorial Committee of the Supreme People's Procuratorate on October 19, 2018)
With a view to imposing penalties for criminal offenses which impede the management of credit cards according to the law, maintaining the orderly management of credit cards and protecting the legitimate rights and interests of cardholders, several issues concerning the application of laws to the hearing of such criminal cases are hereby interpreted as follows in accordance with the Criminal Law of the People's Republic of China:
Article 1 Whoever forges one or more credit cards by duplicating another person's credit card, entering another person's credit card information into a medium or chip with a magnetic strip, or via any other means shall be deemed to have "forged a credit card" as stipulated in Item 4, Paragraph 1 of Article 177 of the Criminal Law and may be convicted of and sentenced for the crime of forging a financial instrument.
Whoever forges ten or more credit cards shall be deemed to have "forged credit cards" as stipulated in Item 4, Paragraph 1 of Article 177 of the Criminal Law and may be convicted of and sentenced for the crime of forging a financial instrument.
Whoever forges a credit card in any of the following circumstances shall be deemed to be subject to "aggravating circumstances" as stipulated in Article 177 of the Criminal Law:
1. where the number of credit cards forged is between five and 25;
2. where the balance of or the extent of facilities available on the forged credit cards, or the sum of both, is between CNY200,000 and CNY1,000,000;
3. where the number of blank credit cards forged is between 50 and 250; or
4. other aggravating circumstances.
Whoever forges credit cards in any of the following circumstances shall be deemed to be subject to "extreme aggravating circumstances" as stipulated in Article 177 of the Criminal Law:
1. where the number of credit cards forged exceeds 25;
2. where the balance of or the extent of facilities available on the forged credit cards, or the sum of both, exceeds CNY1,000,000;
3. where the number of blank credit cards forged exceeds 250; or
4. other extreme aggravating circumstances.
"The balance of or the extent of facilities available on the forged credit cards" as stated in the present article refers to the maximum balance or extent of facilities recorded by the issuing bank(s) after the credit cards are forged.
Article 2 Where a person holds or transports forged blank credit cards despite being aware that such cards are forged and the number of cards involved is between ten and 100, the matter shall be deemed to involve a "comparatively large amount" as stipulated in Item 1, Paragraph 1 of Article 177 of the Criminal Law; where a person illegally holds credit cards belonging to others and the number of cards involved is between five and 50, the matter shall be deemed to involve a "comparatively large amount" as stipulated in Item 2, Paragraph 1 of Article 177 of the Criminal Law.
Under any of the following circumstances, the matter shall be deemed to involve a "very large amount" as stipulated in Paragraph 1 of Article 177 of the Criminal Law:
1.
......