Criminal Liability of Insolvent People Using Credit Cards

Abstract

© 2016 Taylor & Francis. This research was to investigate the problems of the criminal liability of insolvent people using credit cards and to explore concepts, theories, jurisprudence, and inclination of court judgment in Thailand and abroad about the criminal liability of insolvent people using credit cards. This research used quantitative and qualitative approaches, for the quantitative method, data were collected by survey with samples. For the qualitative approach, data were collected by using documents and in-depth interviews with participants. For the findings, it was found that debtors did not know they were subject to a receiving order by the court. An ad hoc organization should be established to handle the case of credit card users. Fairness would then prevail for all parties. Results pointed out that the Bankruptcy Act of 1940 should be amended by adding a special intention statement of “a debtor has already or reasonably realized the subjection to the receiving order or bankruptcy” in the provision of law. An ad hoc organization should be established to handle the case of credit card uses. Financial institutions should educate, advise, and plan on the credit card uses for the users. The government agencies should educate people on the rightful and appropriate way to use their credit cards.