If the credit card is stolen by a relative or friend and the credit card cannot be repaid, the relative or friend will be sentenced, and the cardholder will still be responsible for repayment. No matter what, the money you owe on your credit card must be paid back. If the credit card is in your name and the money is spent by someone else, if you have sufficient evidence to prove that the money was spent by someone else, you can provide the bank or court or public security agency with evidence that someone else spent your credit card. If you cannot provide that Sorry, all the money owed on this card must be paid back by you! Whether the cardholder whose credit card has been stolen has to repay the stolen debt depends on who is at fault between the bank and the cardholder. Generally speaking, if the cardholder has taken good care of his or her credit card, if the card is illegally copied and used in another place, this is considered a lack of bank supervision. The cardholder only needs to prove that: the credit card is still with the cardholder and has not occurred. If the card is lost/lent, etc., and the cardholder has not been to the place where the card was stolen or withdrawn, it can be proved that the credit card is a fake card. In this way, the bank can be sued through litigation, and the bank will bear the debt of the card holder, and the cardholder does not need to repay it.
Legal Basis
Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China The crime of credit card fraud involves one of the following circumstances: carrying out credit card fraud activities with a relatively large amount If the amount is huge or there are other serious circumstances, the sentence is to be not less than five years but not more than 10 years of fixed-term imprisonment and a fine of not less than 20,000 yuan but not more than 200,000 yuan; A fine of not more than 100,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be not less than 10 years in prison or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation: (1) Using counterfeit credit cards , or using a credit card fraudulently obtained with false identification; (2) using an expired credit card; (3) fraudulently using another person's credit card; (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 for the crime of theft shall be convicted and punished in accordance with the provisions of Article 264 of this Law.