The guardian shall fulfill the obligation of repayment. If a person without or with limited capacity for civil conduct causes damage to others, the guardian shall bear civil liability. That is to say, even if the cardholder does suffer from mental illness, if the cardholder has a relevant guardian, the bank can ask the cardholder's guardian to repay it on his behalf within the scope of property management by bringing a lawsuit to the court. Of course, if the amount of credit card owed by the cardholder to the bank exceeds the property managed by the guardian, the guardian may refuse to repay the debt other than the managed property.

What are the behaviors of credit card fraud when the credit card is overdue?

1, using a forged credit card

The so-called forged credit card refers to the credit card made by imitating the texture, pattern, block, pattern and magnetic stripe password of the credit card. The so-called use refers to the act of using forged credit cards to defraud other people's property for the purpose of illegally possessing other people's property. Including buying goods with forged credit cards, withdrawing cash and accepting various services with forged credit cards.

2. Use an invalid credit card

Credit cards abolished for the crime of illegal fund-raising refer to invalid credit cards, invalid credit cards, credit cards declared invalid in accordance with laws and relevant regulations, credit cards that the cardholder stops using and returns the crime of illegal fund-raising to the issuing bank within the validity period of the credit card, and credit cards that are invalid due to loss reporting. In addition, using invalid credit cards also includes using altered cards. The so-called altered card refers to an invalid credit card whose card number has been altered. These credit cards themselves were listed on the stop payment list because of the loss report or cancellation of illegal fund-raising, but after a certain number on the card was flattened, another new number was pressed to avoid blacklist search. Therefore, the altered card is also a fake card.

3. Fraudulent use of other people's credit cards

Fraudulent use refers to the behavior that a non-cardholder uses the cardholder's credit card to defraud property in the name of the cardholder. According to our country

It is believed that the crime of illegal fund-raising is related to the crime of credit card fraud Credit cards are only used by legitimate cardholders and may not be lent or transferred. This is also a principle that all countries generally follow. However, if the credit card and the ID card are put together and lost for the crime of illegal fund-raising, it may give the pickpocket or thief an opportunity to make fraudulent use. After obtaining someone else's credit card, these unscrupulous pickpockets or thieves may take advantage of the time difference before the cardholder discovers the loss, or use the stop payment management to impersonate the cardholder for the crime of illegal fund-raising, imitate the cardholder's signature, and go shopping at credit card merchants or banks to withdraw money or enjoy services. The above are several common cases of fraudulent use of other people's credit cards.

4. Malicious overdraft

Overdraft refers to the act of allowing customers to withdraw money beyond the amount of funds in their accounts with the approval of the bank when there is no funds or insufficient funds in the accounts.

Under normal circumstances, the overdue credit card is only a general civil dispute case and will not involve criminal disputes. However, if the cardholder has the purpose of illegal possession of malicious overdraft when using the credit card, and the amount of malicious overdraft is large, it can be considered as a criminal case. If a mentally ill person commits a criminal case, he will generally be judged not to be criminally responsible.

Legal basis:

Criminal law of the people's Republic of China

Article 18

A mental patient who causes harmful results when he can't identify or control his own behavior and is confirmed by legal procedures shall not bear criminal responsibility, but his family members or guardians shall be ordered to strictly guard and treat him; When necessary, the government forces medical treatment. Intermittent mental patients who commit crimes when they are mentally normal should bear criminal responsibility. If a mental patient who has not completely lost the ability to identify or control his own behavior commits a crime, he shall bear criminal responsibility, but he may be given a lighter or mitigated punishment. A drunken person who commits a crime shall bear criminal responsibility.

Article 196

Whoever commits credit card fraud in 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. Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.