The following are the relevant legal provisions:
After the court's decision, if the obligor has the ability to execute, he will be detained and fined, which will even constitute a crime. If you are unable to perform, the court enforcer will give you some time.
Legal provisions:
1. Civil Procedure Law Article 111 If a litigant participant or other person commits one of the following acts, the people's court may impose a fine or detain him according to the seriousness of the case; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Forging or destroying important evidence, which hinders the people's court from hearing a case;
(2) using violence, threats or bribes to prevent witnesses from testifying or instigating, bribing or coercing others to commit perjury;
(3) Hiding, transferring, selling off or destroying the property that has been sealed up or detained, or transferring the property that has been counted and ordered to be kept;
(4) Insulting, slandering, framing, beating or retaliating against judicial personnel, participants in litigation, witnesses, translators, expert witnesses, inspectors and assisting executors;
(5) Obstructing judicial personnel from performing their duties by violence, threat or other means;
(6) Refusing to perform a legally effective judgment or ruling of the people's court.
The people's court may impose a fine or detention on a unit that commits one of the acts listed in the preceding paragraph;
If a crime is constituted, criminal responsibility shall be investigated according to law.
2. Article 313th of the Criminal Law stipulates the crime of refusing to execute a judgment or written order. Whoever refuses to execute the judgment or ruling of the people's court, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine.
1, owing money is a civil case, and the police should not intervene in detention;
2. After losing the case, the court has the right to detain those who fail to perform the effective legal documents of the court in time;
3. judicial custody will not last more than 65,438+05 days. If your father can repay the loan in time, he can be released in advance.
4. Legal basis:
The following are residence times:
1, simple arrears will not be deducted.
2. If you are detained by the court for obstructing civil proceedings? Yes, the longest detention time is 15 days.
3. For those who are administratively detained by public security organs due to arrears disputes, the detention period is generally 15 days; If there are other illegal acts, the total detention period shall not exceed 20 days; Those who cause minor injuries to the other side or have other serious circumstances in the conflict, which constitutes a crime, are under criminal detention, and the maximum period is not more than 37 days. Those who are not released on bail pending trial or under residential surveillance shall be arrested and sentenced.
In fact, the judicial trusteeship of the Executive Board of Ping 'an District Court changed the passive repayment of the executed person into active repayment, safeguarded the legitimate rights and interests of the successful parties, and fired the first shot of the "100-day battle" of the court.
Among them, the humanities dispute between the applicant Zhang and the executed person, the marriage and family dispute between the applicant Li and the executed person Niu, and the loan contract dispute between the applicant Haidong Haiyi Microfinance Co., Ltd. and the executed person Zhao evaded execution because the executed person failed to fulfill the obligations specified in the effective legal documents on schedule. After four investigations and one visit by the staff of the Executive Board, the Executive Board of our hospital was approved step by step under the circumstances that the executed person was extremely uncooperative, failed to truthfully declare his personal property and failed to fulfill his obligations.
After learning that the court has taken judicial detention measures against the executed person, other applicants all expressed more recognition of the work of the court and full confidence in realizing their legitimate rights and interests.
In life, borrowing money has always been a headache. You must pay back the money you borrowed from others on time, and you must also pay back the money you borrowed from others. Otherwise, you may be detained. This shows that legal rights protection.
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Will you be detained if you owe money? After the court's judgment, if the obligor has the ability to execute it, he will be detained and fined, which will even constitute a crime. If you are unable to perform, the court enforcer will give you some time.
Legal provisions:
1. Civil Procedure Law Article 111 If a litigant participant or other person commits one of the following acts, the people's court may impose a fine or detain him according to the seriousness of the case; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Forging or destroying important evidence, which hinders the people's court from hearing a case;
(2) using violence, threats or bribes to prevent witnesses from testifying or instigating, bribing or coercing others to commit perjury;
(3) Hiding, transferring, selling off or destroying the property that has been sealed up or detained, or transferring the property that has been counted and ordered to be kept;
(4) Insulting, slandering, framing, beating or retaliating against judicial personnel, participants in litigation, witnesses, translators, expert witnesses, inspectors and assisting executors;
(5) Obstructing judicial personnel from performing their duties by violence, threat or other means;
(6) Refusing to perform a legally effective judgment or ruling of the people's court.
The people's court may impose a fine or detention on a unit that commits one of the acts listed in the preceding paragraph;
If a crime is constituted, criminal responsibility shall be investigated according to law.
2. Article 313th of the Criminal Law stipulates the crime of refusing to execute a judgment or written order. Whoever refuses to execute the judgment or ruling of the people's court, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine.
Will it be deducted if you owe money? No, the other party may sue you in court. If you lose the lawsuit at most, you will enforce the property.
Will you be detained if you don't pay back the money? Normal loan relationship can't be repaid on time due to objective reasons. Even if the other party sues, it will only bear the civil repayment responsibility and will not be detained. But if the purpose is illegal possession, then those who cheat others will not only be detained, but also sentenced.
Will I be detained if I am accused of owing money? Loan disputes are civil disputes and will not be criminally detained. However, after the judgment comes into effect, those who have the ability to repay but refuse to perform and violently resist the execution of the people's court can be detained for a maximum of 15 days.
Under what circumstances is detention applicable, and will you be detained if you owe money? According to the provisions of China's criminal procedure law, the main situations for applying detention are:
1. Being prepared to commit a crime, committing a crime or being discovered immediately after committing a crime;
2. The victim or a witness on the spot identifies him as a criminal;
3. Found criminal evidence around or at the residence;
4. Attempted suicide, escape or escape after committing a crime;
5. It is possible to destroy, forge evidence or collude;
6. Don't tell your real name, address and unknown identity;
7. Suspected of committing crimes on the run, committing crimes many times, and committing crimes in partnership.
Because owing money is not a criminal offence, you will not be detained.
According to the introduction of detention application above, I believe everyone already knows that people who owe money will not be detained. Because owing money is not a civil act, detention is a criminal measure, and civil acts are regulated by civil law and other relevant laws, and will not be bound by criminal law.
Won't you be detained if you owe someone money? 1. No, if you don't go during the trial, he won't detain you.
It depends on what the money is used for. If the money is used for the husband and wife to live together, then it is necessary; Otherwise, it won't, like doing something outside.
Can I be detained continuously if I owe money? Article 119 of the Supreme People's Court's Opinions on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC) stipulates that fines and detention for the same act of obstructing civil proceedings shall not be applied continuously. However, if a new act of obstructing civil litigation occurs, the people's court may impose a new fine or detention. Similarly, if there are no new illegal acts, the people's courts can't continue to apply judicial custody to acts that obstruct administrative and criminal proceedings. It is illegal to apply detention continuously to the same illegal act, and the parties may apply to the higher authorities for reconsideration or state compensation.
If he owes money and goes to his house to paint, will he be detained by the police? Will I be detained if I adjust my compensation? Spray the paint back if you can.
This is how the wicked deal with the good. Good people cannot use this method.
Will you be detained if you owe money to the courier company? If the borrower is an employee of the courier company, if the circumstances are serious, it is suspected of duty crime. If the courier company calls the police, it may face criminal punishment.