Legal analysis: Mental patients generally do not need to bear criminal liability if they cannot pay off their credit cards, but civil liability will be borne by their legal representatives. Mental patients are non-civil actors, so all actions they commit must be borne by their legal representatives, including torts. Although they can become defendants themselves, the agent is responsible.

Legal basis: "Criminal Law of the People's Republic of China"

Article 18 If a mentally ill person causes harmful consequences when he is unable to recognize or control his own behavior, he shall, after legal procedures, If the person is identified and confirmed, he will not be held criminally responsible, but his family members or guardians should be ordered to strictly monitor and provide medical treatment; when necessary, the government will provide compulsory medical treatment. Intermittent mental patients who commit crimes when they are sane should be held criminally responsible. If a mentally ill person who has not completely lost the ability to identify or control his own behavior commits a crime, he shall bear criminal responsibility, but may be given a lighter or reduced punishment. A drunk person who commits a crime shall bear criminal responsibility.

Article 196: Whoever commits credit card fraud under any of the following circumstances and 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. fine; 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 10 years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; Imprisonment or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or confiscation of property: (1) Using a forged credit card, or using a credit card fraudulently obtained with false identification; (2) Using an invalid credit card ; (3) Pretending to use other people’s credit cards; (4) Malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank. Anyone who steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.