Who is responsible for the theft of credit cards abroad requires a detailed analysis of the specific situation. The following is the analysis: If the credit cards held by people are stolen overseas, the criminals who robbed them must bear the responsibility. If The criminal cannot be identified, and whether the bank will be held responsible depends on the situation. If the bank violates the incidental obligations of the contract and fails to protect the cardholder, it should bear certain joint and several liability. Cardholders can sue the bank for compensation.

1. The embezzler - the first liability bearer. The embezzler and the cardholder have a tort liability relationship and shall be responsible for the return of the property in accordance with the provisions of the "Property Law" and the "Tort Liability Law" If the amount exceeds a certain amount, the person shall bear criminal liability for "theft" in accordance with the provisions of the "Criminal Law" (the starting penalty for theft in Beijing is 2,000 yuan). However, the detection rate of such small-amount economic crimes is low, and the embezzlers often cannot be detected and cannot bear the responsibility of returning the money. Therefore, credit card theft eventually becomes a dispute between the cardholder, the bank, and the merchant who swiped the card. Take responsibility.

2. Card issuing bank - the person responsible for failure to report the loss in time. The scope of liability of the card issuing bank is stipulated in the "Service Agreement" signed by both parties when applying for the card. The agreements of each bank are different. The most common point is that The bank is only responsible for the losses caused to the cardholder by failing to report the loss in time, and will not be held responsible for anything else. Recently, in order to attract business, some banks have launched a lost card protection service. If the bank card is lost within 48 hours (or 24 hours), the liability is within the limit (5,000 or 10,000 yuan), and strict conditions are stipulated (such as Non-password withdrawals, immediate loss reporting). The liability borne by the card-issuing bank shall be paid by the contracted insurance company.

3. Card swiping merchants - the responsible person who fails to perform reasonable verification obligations. For credit cards that are withdrawn with passwords only, the card swiping merchants have the obligation to verify the passwords; for credit cards that are withdrawn with signatures, the card swiping merchants are responsible for verification. Obligation to ensure that the cardholder’s signature is consistent with the reserved signature. Merchants who use credit cards will only bear corresponding responsibilities if they fail to fulfill the above obligations.

4. Cardholder - the person responsible for failing to keep the credit card properly. According to the agreement signed between the cardholder and the bank, the cardholder should keep the credit card properly. Once it is lost or the card information is leaked or stolen, The cardholder shall bear responsibilities commensurate with the fault of failing to keep the credit card properly. Once a credit card is stolen, most of the responsibility may lie with the cardholder. Since civil subjects are very likely to encounter shortages of funds in their daily lives, my country has introduced the Paris system of credit cards. As long as the credit of civil subjects is good enough, they can apply for a credit card by making a request to banks and other institutions. After borrowing money, it needs to be repaid within a limited period, otherwise it may become overdue.

What are the obligations of the credit card issuing bank?

When the cardholder applies for a bank card at the issuing bank and deposits money into the account, a savings is formed between the card issuing bank and the cardholder. In the deposit contract relationship, since the bank card and password are in the hands of the cardholder and the funds involved in the contract are in the bank, both parties have the accompanying obligation to ensure the safety of the funds in the bank card account.

As a card issuing bank, its main contractual obligations are:

1. The obligation to pay the principal and interest of deposits;

2. The obligation to provide The obligation to ensure safe transaction conditions;

3. The obligation to review the authenticity of bank cards and identify passwords. As the holder of the bank card, Zhang also has the obligation to properly keep and use the bank card and password correctly.

Legal basis:

Article 264 of the "Criminal Law" Theft of public or private property, if the amount is relatively large, or multiple thefts, housebreakings, thefts with weapons, or pickpocketing If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than 10 years, and shall also be fined; if the amount is particularly huge or there are other special If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated.

"Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Theft" Article 1 Theft of public and private property worth one thousand yuan to more than three thousand yuan, and thirty thousand yuan to more than one hundred thousand yuan , 300,000 yuan to more than 500,000 yuan, shall be deemed as "relatively large amount", "huge amount" and "especially huge amount" as stipulated in Article 264 of the Criminal Law.