If the credit card is not returned after the judgment, you can entrust someone else to handle it. If you are detained or imprisoned for a crime and your credit card cannot be repaid, you can entrust others to handle it. Because the debtor is suspected of committing a crime, his personal freedom is restricted, and he cannot be exempted from the responsibility of repaying the credit card. Banks can still sue. The debtor should actively communicate with the bank or contact family and friends to handle it on his behalf, otherwise it will constitute credit card fraud.

What if the credit card is not returned after the judgment?

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Lawyer Sun Erjun

2022-0 1-27

Lawyer: Sun Erjun

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If the credit card is not returned after the judgment, you can entrust someone else to handle it. If you are detained or imprisoned for a crime and your credit card cannot be repaid, you can entrust others to handle it. Because the debtor is suspected of committing a crime, his personal freedom is restricted, and he cannot be exempted from the responsibility of repaying the credit card. Banks can still sue. The debtor should actively communicate with the bank or contact family and friends to handle it on his behalf, otherwise it will constitute credit card fraud.

The crime of credit card fraud refers to the act of using credit cards to defraud a large amount of property for the purpose of illegal possession, in violation of credit card management regulations.

The constitutive elements of the crime of credit card fraud are as follows:

1, object elements, the object of this crime is a complex object, which not only infringes on the national credit card management system, but also damages the public and private property ownership of banks and credit card related people;

2, objective elements, this crime is objectively manifested in the use of forged or altered credit cards, or fraudulent use of other people's credit cards, or malicious overdraft of credit cards, defrauding public and private property, with a large amount of behavior;

3, the main elements, the subject of this crime is the general subject. The unit can also be the subject of this crime;

4. Subjective factors. Subjectively, this crime can only be intentional, and it must have the purpose of illegally possessing public and private property.

legal ground

Criminal law of the people's Republic of China

Article 196 Whoever commits credit card fraud under any of the following circumstances, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:

(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;

(2) Using an invalid credit card;

(3) Fraudulent use of another person's credit card;

(4) malicious overdraft.

The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank.