Judicial interpretation of 177 CL (credit card fraud) issued today – CL provision + interpretation

Article 177. (Forging or altering financial bills)
Whoever forges or alters financial bills in any of the following ways shall be sentenced to not more than five years in prison or criminal detention. He or she shall be fined, additionally or exclusively, not less than 20,000 yuan and not more than 200,000 yuan. If the circumstances are serious, he or she shall be sentenced to not less than five years and not more than 10 years in prison. In addition, he or she shall be fined not less than 50,000 yuan and not more than 500,000 yuan. If the circumstances are especially serious, he or she shall be sentenced to not less than 10 years in prison or life imprisonment. In addition, he or she shall be fined not less than 50,000 yuan and not more than 500,000 yuan or have his or her property confiscated:


(1) Forging or altering bank drafts, cashier’s checks, and checks;
(2) Forging or altering documents authorizing collection of payments, remittance documents, certificates of deposit, and other account-settlement documents;
(3) Forging or altering letters of credit or accompanying documents;
(4) Forging credit cards.

If the crimes mentioned in the preceding paragraph are committed by a unit, the unit in question shall be fined, and the individual directly in charge of it and other people who are directly responsible shall be punished in accordance with the provisions in the preceding paragraph.


Article 177 (bis) Under any of the following circumstances, anyone who disrupts the management of credit cards shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention or deprivation of political rights, and shall be concurrently or separately fined 10,000 yuan up to 100,000 yuan; if the sum involved is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of 3 up to 10 years and shall be concurrently fined 20,000 yuan up to 200,000 yuan:


huge sums means:
– knowlingly holding or transporting no less than 10 credit cards, or no less than 100 blanks credit cards
– illegal possession of no less than 50 cards belonging to third persons
– use of a forged document to obtain no less than 10 credit cards
– the sale, purchase, provision of no less than 10 credit cards, or obtaining no less than 10 credit cards by using forged identity documents
2, Supreme People’s Court, Supreme People’s Procuracy explanation on some problems in handling criminal cases cases of jeopardizing the administration of credit cards 最高人民法院 最高人民检察院关于办理妨害信用卡管理刑事案件具体应用法律若干问题的解释

(1) knowingly holding or transporting a relatively large number of counterfeited credit cards or blank credit cards;
understood as referring to no less than 10 and no more than 100 credit cards
2, Supreme People’s Court, Supreme People’s Procuracy explanation on some problems in handling criminal cases cases of jeopardizing the administration of credit cards 最高人民法院 最高人民检察院关于办理妨害信用卡管理刑事案件具体应用法律若干问题的解释
(2) unlawfully holding a relatively large number of others’ credit cards;
understood as referring to no less than 5 and no more than 50 credit cards
2, Supreme People’s Court, Supreme People’s Procuracy explanation on some problems in handling criminal cases cases of jeopardizing the administration of credit cards 最高人民法院 最高人民检察院关于办理妨害信用卡管理刑事案件具体应用法律若干问题的解释
(3) having obtained credit cards by using false identity certification;
refers to the use of identity cards, military IDs, mainland entry permits for Hong Kong, Macao or Taiwan residents, passports and other identity documents to obtain a credit card, or the use of forged or altered identity documents.
2, Supreme People’s Court, Supreme People’s Procuracy explanation on some problems in handling criminal cases cases of jeopardizing the administration of credit cards 最高人民法院 最高人民检察院关于办理妨害信用卡管理刑事案件具体应用法律若干问题的解释
(4) selling, providing others with counterfeited credit cards or obtaining credit cards by using false identity certification.
understood as referring to:
– the falsification of more than one credit card, by stealing credit card data and reproducing them on a magnetic support
– the falsification of more than ten blank credit cards
“other serious circumstances” means:
– the falsification of no less than five and no more than twenty-five credit cards
– the falsification of no less than 50 and no more than 250 blank credit cards
– drawing/having a remaining credit of no less than RMB 20.000 and no more than RMB 100.000 (as documented by the most recent credit card statement)
– other circumstances
1, Supreme People’s Court, Supreme People’s Procuracy explanation on some problems in handling criminal cases cases of jeopardizing the administration of credit cards 最高人民法院 最高人民检察院关于办理妨害信用卡管理刑事案件具体应用法律若干问题的解释
Anyone who steals, buys or illicitly supplies information of others’ credit cards shall be punished in accordance with the preceding paragraph.

the theft, purchase or provision of informations should allow to conduct transactions using the credit card, or to conduct transactions under a third party’s name.
the circumstance of huge sums applies if this conduct involves no less than 1 and no more than 5 credit cards
3, Supreme People’s Court, Supreme People’s Procuracy explanation on some problems in handling criminal cases cases of jeopardizing the administration of credit cards 最高人民法院 最高人民检察院关于办理妨害信用卡管理刑事案件具体应用法律若干问题的解释

Any employee of a bank or of any other financial institution who violates any of the crimes as described in the second paragraph by taking the advantage of his position shall be given a heavier punishment. [Added on 28 February 2005]




  
  


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