If I use a lost credit card without the owner's permission, will I be convicted of credit card fraud?

According to Article 196 of the Criminal Law of the People's Republic of China, credit card fraud refers to acts such as using a forged credit card, using an expired credit card, using another person's credit card without their permission, or maliciously overdrawing, with the purpose of illegal possession. To constitute this crime, two key elements must be met: first, the act falls into one of the specified categories, and second, the actor has the subjective intent of illegal possession, and the amount involved reaches the threshold for criminal prosecution.

In your friend's case, using a lost credit card without the owner's permission falls under the act of 'using another person's credit card without their permission' as specified in Article 196. However, the critical point is whether he had the subjective intent of illegal possession. If he can provide evidence to prove that he did not intend to illegally possess the funds (for example, he kept the payment receipt, tried to contact the owner through the merchant, or was willing to return the money immediately after being contacted), then it may not be认定 as credit card fraud.

According to the relevant judicial interpretations, the threshold for initiating a criminal case for credit card fraud is generally 5,000 yuan. Since your friend's transaction amount is only 500 yuan, even if the act is improper, it does not reach the criminal threshold. However, this behavior may still violate the Public Security Administration Punishments Law, and he could face administrative penalties such as warning, fine, or detention for a few days.

Practical advice: Your friend should actively cooperate with the police investigation, truthfully explain the situation, and provide any evidence that can prove his lack of malicious intent. At the same time, he should take the initiative to contact the credit card owner to apologize and return the 500 yuan, which may help mitigate the consequences. If necessary, he can consult a professional lawyer to understand his rights and obligations in detail.