Legal Analysis

If you are detained or imprisoned for a crime and are unable to repay your credit card, you can entrust others to handle it on your behalf. The debtor cannot be exempted from credit card liability because his personal freedom is restricted because he is suspected of committing a crime, and the bank has the right to prosecute. It is recommended that the parties concerned actively communicate with the bank or contact family and friends to handle it on their behalf, otherwise it may constitute credit card fraud.

Overdue credit card repayments will be pursued by the bank, and the court will include the person on the list of dishonest persons. After being released from prison or released from custody, if the bank requires enforcement, the court will freeze the person's property.

Legal Basis

Article 7 of the Commercial Bank Law of the People's Republic of China and the People's Republic of China. When conducting credit business, commercial banks shall strictly examine the credit standing of borrowers, implement guarantees, and ensure that credit is on schedule. Loan recovery.

Commercial banks recover the principal and interest of due loans from borrowers in accordance with the law and are protected by law.

"Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases Obstructing the Management of Credit Cards" Article 6 The cardholder exceeds the prescribed limit or overdrafts within the prescribed period for the purpose of illegal possession, and If the card is not returned for more than three months after being called upon twice by the issuing bank, it shall be deemed a "malicious overdraft" as stipulated in Article 196 of the Criminal Law. Malicious overdraft, if the amount is more than 10,000 yuan but less than 100,000 yuan, shall be deemed as a "relatively large amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 100,000 yuan but less than 1 million yuan, it shall be deemed as a "large amount" under the Criminal Law. "Huge amount" as stipulated in Article 196; if the amount is more than 1 million yuan, it shall be deemed as "especially huge amount" as stipulated in Article 196 of the Criminal Law.