On The Crime Of Credit Card Fraud

Academia for a long time, whether it’s theory, or judicial practice department, never stop for credit card crime of fraud of the debate. State department also issued relevant judicial interpretations of the nature of the practice of the new credit card fraud, content and means etc. Shall be clear and defined, tries to solve "the same behavior different sentence" in the judicial practice. On emerging issues, such as pick up and use the credit card, stealing credit card and use behavior, although the judiciary have special definition, the theoretical circle have special deals, but some problems still exist all kinds of disputes. This article attempts to some problems in this paper. One is the main area of boundary points. Think natural the person that hold card includes not only the norms in the sense of the cardholder claimant registered in financial institutions, at the same time also, because other ways such as stealing, pick up to have used at the same time these direct credit card cardholder, in addition, in the case of a claimant given permission card personnel is also included. At the same time certainly unit subject in the legal status of credit card crime of fraud, and suggest a separate unit of credit card crime set legal punishment. From the analysis of theft, fraud and other stealing credit card and use is pay attention to the rules. Three is based on the analysis of malicious overdraft crimes subject-"the cardholder" response to a single set of malicious overdraft credit card behavior torture, think no necessary to set this charges. Four is picked up others think forgetfulness in the ATM machine has the password card to use the card at the same time use the claimant identity behavior does not belong to the theft, and should be classified as the crime of fraud of the credit card. At the same time in favor of the picked up credit card and use the behavior of credit card fraud. Five is discussed based on the subjective and objective characteristics, analysis of credit card crime of fraud of the suspension of the existence of the subjective consciousness and behavior, what kind of standard for this kind of suspension form how to investigate, I think we should see if the violator there subjective intent.