After being released from prison for debts, do you want to continue to repay the money?

If Lai Lai is punished and goes to jail for debts, he will continue to bear his debts and continue to repay the money after he is released from prison.

Where a judgment or ruling of a people's court is capable of being implemented but refuses to do so on the basis of article 313 of the Criminal Law, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention or a fine is to be given; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine. If Lao Lai has violated the criminal law to a large extent, it is inevitable that Lao Lai will go to prison, and at this time he will be imprisoned as a criminal punishment and criminal responsibility. And the old man owes debts and does not repay the money, which is a civil dispute.

And the two should not be confused. The criminal responsibility is that the old man will go to jail for breaking the law, but the money owed by the old man still has to be repaid, and the two cannot offset each other. <>

If there is a mixture between going to jail for debts and paying off debts, there will be more people who will touch and break the law, and the world will be in chaos, and there will be old people everywhere who do not repay their debts, and they want to go to jail to offset their debts, which is obviously impossible. Therefore, we must be good citizens who know the law and abide by the law, repay debts in a timely manner, and do not hurt our feelings. If you don't pay off your debts and go to jail, this kind of thing is not good, and it will inevitably be pointed at in the future, so that your social relations will continue to deteriorate, if there are any difficulties in the future, there will not be many people who sincerely want to help you, in the absence of good interpersonal relationships, it is inevitable that Lai's daily life will not be smooth sailing.

Here is a warning to us not to trouble others about the things that we can usually solve by ourselves, and it is not good to borrow money from others often, and a scene that will lead to betrayal and separation of relatives if we are not careful. It is a matter of course to repay debts, and it is everyone's responsibility to repay money in a timely manner without hurting feelings, and to jointly create a beautiful and harmonious society.

There is no objection to paying off debts. If you borrow money, it generally does not involve jail time, but if the so-called borrowing money is not borrowing money but fraud, you will be imprisoned, and jail is a punishment for fraud, and the money still has to be repaid.

Most of those who are imprisoned for debts are those who have violated the "crime of refusing to perform the judgment and ruling of the court" in China's Criminal Law, and the crime is actually a violation of the legal obligations and responsibilities that the debtor should bear in violation of the law and the provisions of the judgment, and this responsibility and the responsibility to repay the debt do not conflict with each other, and there is no phenomenon of canceling each other. Therefore, a person who is imprisoned for debts still exists after being released from prison, and he still has to fulfill his obligations to repay his debts according to the regulations.

The so-called repayment of debts is a matter of course. But in real life, there are many people who borrow money and don't pay it back, although there are many reasons for borrowing money, but you can't use these reasons not to pay back.

1. The debtor protects its own interests through legal means

There are many creditors who will use legal channels to get the debtor to repay the money, usually the debt dispute is a civil dispute, and after the court trial, the debtor needs to fulfill the obligation to repay the debt in accordance with the court's judgment. If the debtor refuses to perform its obligations after the court has made a judgment, then the creditor can also apply to the court for enforcement, and the court will also intervene after the application to require the debtor to repay the money through the force of the state. If the debtor still resists badly at this time, it is a criminal law that has been violated, and he needs to bear criminal responsibility.

But many people will ask, if the debtor goes to prison, then he still refuses to fulfill his obligation to repay the debt, so after the debt is released from prison, will he have to repay the money?

IIDo I need to pay back the money after I am released from prison after I am in prison?

After being released from prison, you need to repay the money according to the regulations, and you also have to bear the interest that needs to be paid for the deferred repayment, and the late fee will not be less. Because imprisonment is a criminal liability, while repayment of debts is a civil liability. Therefore, it should be clear that civil liability and criminal liability are different types of legal liability, and the two do not affect each other.

The reason why he went to prison was because the debtor refused to exercise his obligations, thus violating the criminal law, and he was still subject to civil liability after he was released from prison. Therefore, if you are able to repay it after you are released from prison, you must pay off the debts you owe, plus the interest on the deferral.

If the person refuses to repay the money after the court has made a judgment, it is an enforcement refusal to do so, and if the circumstances are serious, he will be sentenced to fixed-term imprisonment of not more than three years and a fine, or if the circumstances are particularly serious, he will be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and he will also be fined. There are also different differences between unit crimes and individual crimes.

And in our country, there is no such thing as not beating and not punishing if hit. Now is not the ancient times, in ancient times it was possible to pay fines instead of punishments, but there is no such thing in the current laws of our country. The current society is relatively fair, and as the saying goes, there is no free lunch in the world to repay debts, so even if you go to prison and come out, you still need to repay the money in the future.

At present, the laws of our country are relatively perfect, involving almost any clause, and can give individuals the greatest human rights support in terms of law. So don't worry too much about creditors, and for those who owe money, don't think about avoiding the debt repayment through some means, even if you go to jail and come out again, you still have to bear the debt.

Those who go to jail for arrears still need to repay their debts after they are released from prison. Jail is a criminal liability, and repayment of debts is a civil liability. Civil liability and criminal liability are two different types of legal liability, and they do not affect each other.

Legal analysisFailure to repay the money owed is a civil dispute and will not involve criminal liability. If the debtor has the ability to perform the court judgment and refuses to perform the judgment after the creditor files a lawsuit, he may be investigated for criminal liability and the crime of refusing to enforce the judgment may be investigated. Imprisonment is criminal liability, not exemption from civil liability.

After being released from prison, those who are able to repay it also need to repay the debts they owe. If the repayment is not made by the repayment date, the final debtor may have to bear liquidated damages other than the principal and interest if the corresponding liability for breach of contract is stipulated in the IOU, such as late payment fees. If the creditor files a lawsuit with the court and the judgment makes you still not repay, it may affect the debtor's credit and be blacklisted.

This will cause inconvenience to the debtor's future life such as loans, travel, etc. Pure private lending generally does not meet criminal liability, but if the debtor uses fictitious facts or conceals the truth for the purpose of illegal possession to defraud a large amount of public or private property, it may constitute the crime of fraud and be investigated for criminal liability. Lao Lai will be imprisoned for refusing to carry out the crime, and after being imprisoned, he will not only have to go to prison, but he also needs to pay back the money, but what many people don't know is that if Lao Lai does not pay back the money after being released from prison, the court can send him to prison again, and there will be no double punishment for one crime.

To put it simply, it is a criminal punishment for one act, and the punishment must not be repeated, and the punishment must not be judged and punished in a second trial, and the crime of refusal to execute happens to be a criminal case.

Legal basisArticle 313 of the Criminal Law of the People's Republic of China: Where a people's court judgment or ruling has the capacity to be enforced but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention or a fine is to be given, and where the circumstances are especially serious, a sentence of between three and seven years imprisonment and a concurrent fine is to be given. Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

If the old man has to continue to repay the money after he is released from prison in arrears, it is the so-called debt repayment, which is justified. If everyone can pay off their debts by going to jail, who else will pay them back.

Lai Lai is imprisoned only because he does not fulfill the court's judgment to repay the debt, and imprisonment does not contradict each other, and imprisonment does not contradict each other, and imprisonment cannot offset the debt of the lai, and he must continue to repay the money after he is released from prison.

It is a matter of course to repay the money, and you should continue to repay the money after going to prison, because the imprisonment is caused by the old man's refusal to repay the money, and he is to blame! And if he doesn't pay it back, he will go to jail again, and if he doesn't pay it back, he will sit again for the rest of his life!!

Borrowing money and the old lai should be written into the textbook, borrowing money to prevent villains, borrowing money to hurt people, and returning to the social generation to disharmony, borrowing money to make money, and borrowing more people are punished by law

Who can guarantee the success of a business? Who can guarantee that innovation will succeed? Therefore, most of the judgment defaulters are caused by the failure of mass entrepreneurship and innovation.

If you fail, you are nothing, the national policy prohibits you from making high-speed rail planes, not to use the saved money to pay off debts, but for fear that you will borrow again to start a business and form new debts. Restricting high consumption is used to repay debts, and restricting transportation is to restrict debt repayment and suppress and punish personality rights, so you will not consider the possibility of repaying debts at all. As for advanced consumption, borrowing money due to illness, borrowing money due to gambling, and borrowing money due to accidents, it is a different matter, and we cannot try to save trouble and do a one-size-fits-all approach.

Debt disputes are originally civil disputes, and generally speaking, the court will not take the initiative to participate in the judgment and enforcement, unless it has the ability to repay but refuses to repay, and the circumstances are more serious, and criminal liability will be imposed. So, if you go to jail for debts, do you still have to pay back the money after you get out of prison?

Yes, but the fraudsters won't pay it back.

Jail for sure offsets? Who will give you money if you go to jail.

Legal analysis: Lao Lai's sentencing is mainly for the crime of refusing to execute the judgment in the Criminal Law, which is criminal responsibility. The old man cannot use this to offset his civil liability, and he still has to repay the debt to the creditor after he is released from prison.

Article 313 of the Criminal Law of the People's Republic of China: Where a people's court judgment or ruling is capable of being enforced but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention, or a fine is to be given; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine. Where a unit commits the crime in the preceding paragraph, the unit is to be fined for hunger, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

If the Lai still does not repay the money after being imprisoned, he may continue to apply to the court for compulsory enforcement or take disciplinary measures against the Lai Lai according to the circumstances. If the creditor still does not repay the money after being imprisoned, the creditor may provide relevant evidence or judgment documents and apply to the court for compulsory enforcement, and if there is a firm ability to enforce but refuses to enforce, and the circumstances are serious, the court may include him in the list of judgment defaulters, and give him a credit punishment in accordance with law or give a second judgment according to the circumstances. Article 1 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Refusal to Enforce Judgments and Rulings" provides:

Where persons subject to enforcement, persons assisting in enforcement, guarantors, or other persons with enforcement obligations have the ability to enforce a people's court's judgment or ruling but refuse to do so, and the circumstances are serious, they shall be punished as the crime of refusing to enforce the judgment or ruling in accordance with article 313 of the Criminal Law.

Article 236 of the Civil Procedure Law: The parties must perform on legally effective civil judgments and rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement. The parties must perform the mediation document and other legal documents that shall be enforced by the people's courts.

If one party refuses to perform, the other party may apply to the people's court for enforcement. Article 238:Where one party fails to perform a creditor's rights document that has been entrusted with compulsory enforcement by a notary public in accordance with law, the other party may apply to the people's court with jurisdiction for enforcement, and the people's court to which the application is made shall enforce it. If there is a mistake in the notarized creditor's rights document, the people's court shall rule not to enforce it, and send the ruling to both parties and the notary public.

Legal Analysis: To be returned. Debts are civil liability, and going to prison is criminal liability, and there is no contradiction between the two, which belong to two different legal connections, and criminal punishment cannot replace civil liability.

Legal basis: Article 675 of the Civil Code of the People's Republic of China The borrower shall return the loan within the agreed time limit. Where there is no agreement on the term of the loan or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, the borrower may return it at any time; The lender may urge the borrower to return the loan within a reasonable period of time.