No, the loan has not been prosecuted. This is a civil dispute and will not be detained generally. However, if the creditor sues the debtor to the court, and the judgment of the court takes effect and is executed, and he has the ability to pay and refuses to pay, then he may be suspected of refusing to perform the judgment, and then the debtor may go to jail. If the law stipulates that the borrower fails to repay the loan within the agreed time limit, it shall pay the overdue interest in accordance with the agreement or relevant state regulations.

Legal analysis

If the debtor fails to perform the judgment of the court within the performance period after the creditor wins the case in the court, the creditor may apply to the court for enforcement. When accepting enforcement, the court will inquire about the property, vehicles, securities and deposits under the debtor's name according to law. In addition, if the debtor has no executable property under his name, refuses to perform the effective judgment of the court, overdue repayment and other negative information will be recorded in his personal credit report, and will be restricted from high consumption and entry and exit, and may even be punished by judicial custody. Those who have the ability to refuse to execute are suspected of refusing to execute the judgment or ruling. Normal private lending disputes belong to civil cases, even if the lawsuit fails, it only needs to bear civil obligations and repayment responsibilities. If the debtor fails to perform the court judgment, the creditor may apply to the people's court for compulsory execution according to law, but he cannot be directly investigated for criminal responsibility, so the debtor will not go to jail. If the debt cannot be repaid temporarily, it may be repaid by the debtor in installments with the consent of the creditor or the ruling of the people's court.

legal ground

Article 676 of the Civil Code of People's Republic of China (PRC) If the borrower fails to repay the loan within the agreed time limit, it shall pay the overdue interest in accordance with the agreement or the relevant provisions of the state.

Article 313 of the Criminal Law of People's Republic of China (PRC) refuses to execute the judgment or ruling of the people's court, and if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or fine; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.