After serving a sentence, if the criminal's credit card cannot be used normally for the time being, he shall go through the formalities of canceling his account. Because it is inconvenient for prisoners to cancel their accounts, they should be handled by others. The agent must hold the power of attorney written by the principal (himself) and bring the original valid identity certificate to handle the account cancellation business. Pay the bill before the checkout.
Whether prisoners constitute the crime of credit card fraud should be analyzed subjectively, that is, whether they have illegal possession. Article 1 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning Amending the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management stipulates:
In any of the following circumstances, it shall be deemed as' for the purpose of illegal possession' as stipulated in the second paragraph of Article 196 of the Criminal Law, unless there is evidence to prove that the cardholder does not have the purpose of illegal possession:
(a) knowing that there is no repayment ability and a large amount of overdraft can not be returned;
(2) After applying for a credit card with a false credit certificate, it is overdrawn and cannot be returned;
(3) Escaping after overdraft or changing contact information to avoid bank collection;
(4) evading or transferring funds, concealing property or evading repayment;
(five) the use of overdraft funds for criminal activities;
(six) other illegal possession of funds, refused to return.
According to the above provisions, prisoners do not have the above-mentioned illegal possession purpose and should not be considered as credit card fraud.
Credit card: Credit card is mainly used for spending first and then repaying. It is a way of managing money to spend money in advance and enjoy the interest-free period. Credit card is not a savings card, and the deposit in credit card will not pay interest. Credit cards can be used as payment tools, and can be directly consumed through POS machines installed by merchants or online payment platforms. The bank will also provide you with various forms of integral, discount, installment, lottery, promotion and other activities. Credit card is also the main international payment tool. You can shop conveniently on overseas and international websites. If you travel and stay in a hotel, only a credit card can complete the hotel pre-authorization for you. It is equivalent to a small loan provided by a bank to individuals according to their credit. The amount of a general card is the amount given to you according to your personal credit history, assets and repayment ability, which is generally between 1000 and 100000. The money in the card has two parts, one is the credit limit and the other is the withdrawal limit. The credit line is your total amount, and cash withdrawal is only a part of it.
Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management.
First, Article 6 of the original Interpretation is amended as: "If the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it for more than three months after two effective reminders by the issuing bank, it shall be deemed as' malicious overdraft' as stipulated in Article 196 of the Criminal Law.
"For the purpose of illegal possession, it shall be judged according to the cardholder's credit history, repayment ability and willingness, application and overdraft of credit cards, the use of overdraft funds, the performance after overdraft, and the reasons for not repaying according to regulations. It is not allowed to identify the purpose of illegal possession just because the cardholder fails to repay the loan according to the regulations.
References:
Baidu encyclopedia-credit card
Official website, the Supreme People's Procuratorate-Judicial Interpretation of Credit Card Fraud Crime