1. What kind of situation is violent collection?
Collection is a way for lending institutions to recover overdue non-performing assets. Under normal circumstances, it is reasonable and legal for creditors to recover debts by themselves or by entrusting a third party. Violent collection means that lending institutions take some illegal means to recover debts from debtors, which is illegal.
Acts that belong to violent solicitation are:
1, information, telephone bombing. Bombing borrowers and their families with information and telephone calls makes them restless.
2. Threatened by words and actions, and arranged for staff to block the door, splash ink, brush Chinese characters, sit still, etc. There is a violent collection at the debtor's home.
3. Exposing the personal information of the debtor to exert pressure is a violent collection.
4. To collect loans by intentional injury, illegal detention, harassment and other illegal means.
5. Pretending to be the staff of state law enforcement agencies to intimidate and violently collect borrowers and other illegal acts.
Second, what crime may violent collection constitute?
1, crime of illegal search, crime of trespassing.
Definition: It is generally believed that the crime of trespassing refers to the act of breaking into another person's house illegally, or refusing to quit after being asked to quit, which affects the normal life and peace of life of others.
Debt scenario: The borrower illegally intrudes into his house against his will without permission, or refuses to leave the house after being requested by the borrower, which may constitute this crime.
2. Crime of gathering people to disturb social order
Definition: Gathering people to disturb social order, and the circumstances are serious, which makes work, production, business, teaching, scientific research and medical treatment impossible and causes serious losses. This crime is a necessary crime.
Debt scenario: gathering people at the borrower's unit or home, causing social disorder by preventing production and business activities, controlling the gate, invading the workshop, etc., will constitute this crime.
3. Crime of infringing citizens' personal information
Definition: The crime of infringing citizens' personal information refers to the act of selling or providing citizens' personal information to others, if the circumstances are serious, or selling or providing citizens' personal information obtained in the course of performing their duties or providing services to others. The interest protected by this crime is the personal information security of citizens. Citizen's personal information is related to the development of everyone's daily life and the maintenance of normal life, not only to personal reputation, but also to personal social evaluation. The destruction or infringement of citizens' personal information may not only bring material losses to citizens, but also cause mental damage and affect the realization of citizens' rights in social economic life and social and political life.
Debt scenario: the institution obtains the information of the borrower's address book through software. If the borrower fails to repay, the collector will force the borrower to repay by harassing the people in the address book.
4. Crime of intentional injury
Definition: the crime of intentional injury refers to the behavior of the actor who intentionally and illegally damages the health of others.
Debt scene: In order to collect debts, the assembly personnel intentionally hurt the borrower's body, and the injury will be subject to the appraisal. Commit the crime of intentional injury.
5. Crime of illegal detention
Definition: The crime of illegal detention refers to the act of intentionally illegally detaining others or illegally depriving others of their personal freedom by other means. The legal interest of this crime is the freedom of human physical activity. The crime of illegal detention is not a dangerous crime, but a real crime. The freedom of reality mainly includes the freedom of the body to move in place, the freedom to leave a place and the freedom to move in place.
Debt scenario: if the borrower deprives the borrower of his personal freedom through compulsory detention without paying back the money, it constitutes the crime of illegal detention.
6. Crime of extortion
Definition: The crime of extortion refers to the illegal possession of the victim's public or private property by means of intimidation, threat or coercion for the purpose of illegal possession, which constitutes a crime.
Debt scenario: collection by threatening and intimidating means, such as bombing the address book and hurting close relatives, may constitute extortion.
7. Crime of intentional destruction of property
Definition: the crime of intentionally destroying other people's property, that is, the crime of intentionally destroying property, refers to the criminal act of intentionally destroying or damaging public and private property with a large amount or other serious circumstances.
Debt scenario: going to the borrower's house and damaging furniture, household appliances and other property, if the amount involved is large, will constitute the crime of deliberately destroying property.
8. Crime of forced trading
Definition: The crime of forced trading refers to the serious behavior of natural persons or units that forcibly buy and sell commodities by means of violence or coercion, force others to provide or accept services, and force others to participate in or withdraw from specific business activities.
Debt scenario: Forcing the borrower to pay off the debt in kind, borrowing the new and returning the old (such as forcibly buying the borrower's house and eating and drinking) will commit the crime of forced trading.
Although China's laws do not allow violent debt collection, the situation of private lending is usually complicated, and some people have a weak legal awareness, so violence still exists in the process of debt collection. If you encounter violent collection in your life, you must keep good evidence and call the police in time. As long as the collection party poses a threat to your personal safety, you should learn to use legal weapons in time to protect yourself from harm.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 234 of the Criminal Law.
Whoever intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail.