1, you may go to jail, so try to pay it back.

2. The specific analysis depends on the loan procedures and subjective motives. If the procedure is illegal and the motive is not pure, it is possible to commit the crime of defrauding loans or loan fraud.

3. In general, guarantee or mortgage should be provided when applying for a loan. Even if it is not repaid, it can also apply for compulsory enforcement of secured creditor's rights or collateral.

4. The crime of defrauding loans refers to the act of obtaining loans from banks or other financial institutions by deception, causing heavy losses to banks or other financial institutions or other serious circumstances. The statutory punishment for this crime is: fixed-term imprisonment of not more than three years or criminal detention, and a fine or a single fine; Whoever causes particularly heavy losses to banks or other financial institutions or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

5. The crime of loan fraud (Article 193 of the Criminal Law) refers to the act of fabricating false reasons such as introducing funds and projects for the purpose of illegal possession, using false economic contracts, false certification documents, using false property rights certificates as guarantees, repeatedly guaranteeing beyond the value of collateral, or defrauding banks or other financial institutions of loans or large amounts by other means.

6. According to Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Fraud Cases, if the amount of personal loan fraud is more than 1 10,000 yuan, it is a "large amount"; If the amount of personal loan fraud is more than 50 thousand yuan, it belongs to "huge amount"; If the amount of personal loan fraud is more than 200,000 yuan, it is a "particularly huge amount".

7. Article 193 of the Criminal Law stipulates that whoever defrauds a bank or other financial institution of loans for the purpose of illegal possession under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan.

8. If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:

(1) fabricate false reasons such as introducing funds and projects.

(two) the use of false economic contracts.

(3) using false documents.

(four) with false proof of property rights as a guarantee or repeated guarantee beyond the value of collateral.

(5) obtaining loans by other means.

Extended data

I. Time effect

1, the effective time of criminal law generally has two ways: one is from the date of promulgation; Second, the law will be implemented after a period of time. China's criminal law was passed on July 6, 1979 1980. 1 The effective date of the new criminal law passed in March 1997 is stipulated in Article 452 of the Criminal Law, namely 1997 65438+ 10/0/.

2. There are two ways for criminal law to be invalid: first, the national legislature explicitly declares some laws invalid; Second, natural invalidation, that is, the promulgation of the new law replaces the content similar to the old law, or the old law automatically becomes invalid because of the disappearance of the special conditions of the original legislation.

3, on the issue of retroactivity, China implements the principle of "from the old to the light", namely:

(1) For the acts before the implementation of the new criminal law, the laws at that time were not considered as crimes, and the laws at that time were applicable;

(2) If the law at that time considered it a crime and criminal responsibility should be investigated according to the provisions of the new criminal law, criminal responsibility should be investigated according to the law at that time. However, if the new criminal law is not considered as a crime or punishment, the new criminal law shall apply. ?

Second, the spatial effect.

1. The spatial effect of criminal law refers to the effect of criminal law on regions and people. It defines the scope of national criminal jurisdiction. The principles of national space criminal jurisdiction are as follows:

(1) The principle of territoriality means that the criminal law of this country is applicable to all crimes committed in this country. Otherwise, domestic criminal law is not applicable.

(2) The principle of personality is based on a person's nationality, and all crimes committed by nationals, whether within or outside the country, are subject to the jurisdiction of their own criminal laws; Even if a foreigner commits a crime within his own territory, his own criminal law is not applicable.

(3) The principle of protection, starting from the protection of national interests, all crimes that infringe on the interests of the state or citizens, whether the perpetrator is a native or a foreigner, and whether the crime is committed within or outside China, are subject to domestic criminal law.

(4) The general principle is that, in order to protect the common interests of the international community, domestic criminal law should be applied to any crime that infringes on the common interests of the international community protected by international conventions and treaties, regardless of whether the perpetrator is a native or a foreigner, or whether the place of the crime is inside or outside China.

(5) the principle of comprehensiveness, where the crime is committed within the territory of the country, regardless of nationals or foreigners, the criminal law of the country is applicable; If nationals or foreigners commit crimes outside their own countries, in some cases, their criminal laws should also be applied.

2. The territory of China refers to all the space areas in China, including:

(1) Territorial, that is, the land within the national boundary and its subsoil law.

(2) the territorial sea, that is, internal water, territorial sea and its underground laws. Internal waters include inland rivers, lakes, inland seas and some border waters with foreign countries (usually bounded by the center line of the river, or by the center line of the main channel if it is navigable). Territorial waters, according to the statement of our government on August 4th 1958, the width of our territorial waters is 12 nautical miles.

(3) airspace, that is, territorial sea and airspace.

3. The following two parts belong to the extension of China's territory and are under the jurisdiction of China's criminal law: First, China's ships, planes or other aircraft, no matter where they sail or park. Second, China's embassies and consulates abroad.

4. If one of the acts or results of a crime occurs in our country, it is regarded as a crime in our country.

5, including three situations:

(1) commits a crime in China, but the result of the crime occurs abroad, such as shooting and injuring overseas personnel in China.

(2) Crimes committed abroad, but the result is crimes committed in China, such as shooting from abroad into China and killing domestic victims;

(3) Both the criminal act and the criminal result occurred in China.

Article 6 of the Criminal Law provides for four exceptions:

(1) The criminal responsibility of foreigners who enjoy diplomatic privileges and immunities shall be settled through diplomatic channels. The sending government can explicitly waive the immunity enjoyed by the spouse and minor children of diplomatic representatives. If a crime is committed, our criminal law can be applied. Resolving through diplomatic channels includes leaving the country within a time limit, declaring as persona non grata, and requesting the sending country to recall.

(2) Where the provisions of this Criminal Law cannot be fully applied in ethnic autonomous areas, the people's congress of an autonomous region or province may formulate flexible or supplementary provisions according to the political, economic and cultural characteristics of the local ethnic groups and the basic principles stipulated in this Law, and report them to the NPC Standing Committee for approval and implementation.

(3) the provisions of the special criminal law formulated by the national legislature after the implementation of the criminal law.

(4) According to the exceptions of the Basic Law of the Hong Kong Special Administrative Region and the Basic Law of the Macao Special Administrative Region, the criminal law of China is less effective than that of Hong Kong and Macao.

6. China citizens who commit crimes stipulated in this Law outside the territory of China shall apply local laws. However, if the maximum penalty stipulated in the criminal law is fixed-term imprisonment of not more than three years, it may not be investigated. China's criminal law is applicable to special subjects, that is, national staff and soldiers who commit crimes stipulated in this law outside China.

7. China citizens who commit crimes outside the territory of China shall bear criminal responsibility in accordance with this Law. Although it can still be investigated according to China's criminal law after being tried in a foreign country, those who have been punished in a foreign country can be exempted or mitigated. This provision not only safeguards judicial sovereignty, but also avoids double punishment.

8. China's criminal law can be applied to crimes committed by foreigners against citizens in China or outside China. The statutory minimum penalty is fixed-term imprisonment of more than three years, except those who are not punished according to the laws of the place where the crime is committed.

9. With regard to crimes stipulated in international treaties to which China is a party, China exercises criminal jurisdiction within the scope of treaty obligations and applies the criminal law of China.

References:

Baidu encyclopedia-criminal law