Can I file a case by swiping my ex s family card?

If the ex's family card reaches a certain amount, a criminal case can be opened; If the amount is not large, a case can be filed as a civil tort. Therefore, you can file a case by swiping the ex's family card.

1. It may constitute the crime of theft.

Article 264 of China's Criminal Law stipulates that for the purpose of illegal possession, a relatively large amount constitutes the crime of theft. The penalty criteria for "relatively large amount" and "large amount" are not the same.

The two supreme courts also explained the "relatively large amount", "huge amount" and "particularly huge amount": the starting point for a large amount is 1,000-3,000 yuan, the starting point for a huge amount is 30,000 yuan to 100,000 yuan, and the starting point for a particularly large amount is 300,000 yuan to 500,000 yuan. Each region may determine the specific amount of the sentence on the basis of the region's level of economic development and residents' income.

You can consider whether your behavior meets the criteria for filing a criminal case based on the amount of money you swiped your ex's family card.

2. It may be a civil infringement.

The act of swiping someone else's credit card without their consent constitutes an infringement. If the amount is not large, it is just an ordinary tort. The other party can claim its rights through legal means.

It is recommended to return the money to the other party as soon as possible according to your actual situation, or reach an agreement on the settlement through third-party mediation.

Hello, the standard for filing a case at the police station for fraud.

According to the provisions of relevant laws, after the defrauded person reports to the police station, if the police station verifies that there are criminal facts and needs to be investigated for criminal responsibility, the case will be filed for investigation within the jurisdiction.

Relevant legal provisions.

Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs

Article 175:Where, after accepting a case, public security organs find upon review that there are facts of a crime that need to be pursued for criminal responsibility and that they are within their own jurisdiction, they are to do so at the county level or above.

With the approval of the responsible person for the public security organ, the case is to be filed; Where it is found that there are no facts of a crime, or that the facts of the crime are obviously minor and do not need to be pursued for criminal responsibility, or that there are other circumstances in which criminal responsibility is not pursued in accordance with law, the case is not to be filed with the approval of the responsible person at a public security organ at the county level or above.

In cases where there is an accuser, and a decision is made not to file the case, the public security organs shall draft a notice not to file the case and serve it on the accuser within 3 days.

According to the provisions of relevant laws, after the defrauded person reports to the police station, if the police station verifies that there are criminal facts and needs to be investigated for criminal responsibility, the case will be filed for investigation within the jurisdiction.

If it is within the jurisdiction of the public security organs, and the standards for filing a case are met, the public security organs need to file a case for investigation, need to lock up the criminal suspect, collect evidence of their crimes, and then need to transfer them to the people's procuratorate for review and prosecution. So, what are the standards for filing criminal cases by the public security organs?

The conditions for filing a case refer to the basic elements that must be met to decide to file a case. It is the basis for determining whether the decision to file a case is correct. In accordance with article 86 of the Code of Criminal Procedure:

People's courts, people's procuratorates, or public security organs shall, in accordance with the scope of their jurisdiction, promptly conduct a review of materials for reporting, accusations, reports, and voluntary surrenders, and when they find that there are facts of a crime that need to be pursued for criminal responsibility, they shall file a case: when it is found that there are no facts of a crime, or that the facts of the crime are obviously minor and do not need to be pursued for criminal responsibility, they are not to file a case. This provision shows that two conditions must be met to file a case:

1) Factual conditions, that is, there are criminal facts or criminal suspects.

What should I do if the public security organ does not file a case after reporting to the police.

Article 110+ of the Criminal Procedure Law. "When a people's court, people's procuratorate, or public security organ decides not to file a case, they shall notify the accuser of the reasons for not filing the case. If the accuser is not satisfied, he may apply for reconsideration."

Article 111 also stipulates that "if the People's Procuratorate believes that the public security organs have not filed and investigated a case that should be filed and investigated, or if the victim believes that the public security organs have not filed and investigated a case that should be filed and investigated, and submits it to the People's Procuratorate, the People's Procuratorate shall request the public security organ to explain the reasons for not filing the case." Where the people's procuratorate finds that the public security organ's reasons for not filing a case cannot be sustained, it shall notify the public security organ to file the case, and the public security organ shall file the case after receiving the notice."

It can be seen from this that in China, there are two main remedies for the accuser not to file a case against the people's court, people's procuratorate or public security organ, one is to apply to the original decision-making organ for reconsideration, and the other is to file a case with the people's procuratorate for supervision.

[Legal basis].

Code of Criminal Procedure