Because routines are fraudulent acts, according to the provisions of relevant laws, if the amount of routine loan fraud reaches a large amount, it is necessary to file a case for criminal responsibility. After the people's court makes a judgment on the criminal case of routine loan, it shall execute it according to the court's judgment. As for the civil debt, because the routine loan is illegal, the signed contract is invalid and does not need to be implemented.

legal ground

Criminal Procedure Law of the People's Republic of China

Article 259 Judgments and orders shall be executed after they become legally effective.

The following judgments and rulings take legal effect:

(a) there is no appeal or protest judgment or ruling within the statutory time limit;

(2) Final judgment and ruling;

(three) the death penalty approved by the Supreme People's Court and the death penalty approved by the Higher People's Court are suspended for two years.

Article 260 The people's court of first instance ruled that the defendant was innocent and exempted from criminal punishment. If the defendant is in custody, he shall be released immediately after the verdict is pronounced.

Application of conventional loan fees

Whether the actor has the criminal intention of "illegal possession" is the essential difference between "routine loan" and private lending. We can judge whether it is suspected of a criminal offence from the difference between the loan contract amount and the actual amount, the length of time the borrower actually controls the funds, the flow of funds, the reasons for breach of contract and other aspects. "Car loan", "mortgage" and "naked campus loan" are more prominent. The three types of "routine loan" cases are further defined as follows:

(1) "car loan" and other "routine loan" cases. "Car loan" and other "routine loan" cases refer to cases in which the perpetrator lures the victim into signing a false loan contract under the guise of unsecured loans, and then drives the victim's car away on the grounds of ensuring the safety of the loan, and extorts or disposes without authorization on the grounds of creating a breach of contract. If the perpetrator returns the illegally controlled vehicle to the victim after successfully claiming property, it can generally be dealt with as extortion; If the perpetrator mortgages or sells the victim's vehicle without authorization after obtaining the property, it can generally be punished as fraud, and the amount of fraud can be determined by the value of the cheated vehicle. Vehicles with identification conditions shall be identified in time.

(2) Cases of "mortgage" and "conventional loan". The case of "mortgage" and "routine loan" refers to a case in which the actor uses the victim's property to exert pressure in civil proceedings in order to illegally possess the victim's property. If the perpetrator brings a civil lawsuit to the court for the purpose of illegally occupying the victim's property and defrauds the victim of the agreement such as the House Mortgage Contract, which conforms to the characteristics of false litigation crime or fraud crime, he shall be convicted and punished with corresponding charges. If the perpetrator tricked the victim into signing a false loan contract, signed a small margin contract at the same time, and then used the small margin contract to protect the victim's property through the court, thus threatening to "demand debts", he was generally convicted and punished for extortion.

(3) The case of "naked loan on campus". The case of "naked loan on campus" refers to the case of "routine loan" in which the actor tricked students into signing false loan contracts and provided nude photos or videos as loan guarantees. Severely punish the crime of "naked loan on campus" according to law. If the perpetrator threatens to publish nude photos or videos to "collect debts", which conforms to the characteristics of extortion, it will be treated as extortion. If the perpetrator does not use obvious violence or threats when "collecting debts", it conforms to the characteristics of fraud and will be punished as fraud. If the victim is unable to repay the loan, he will be convicted and punished for rape by threatening to publish nude photos or videos and forcing him to have sex with the victim to avoid repaying the loan; Whoever forces, lures or introduces female students to prostitution by this means shall be convicted and punished for the crime of forcing prostitution or the crime of luring or introducing prostitution.