Can an economic dispute be turned into a criminal case?

Updated on society 2024-03-14
5 answers
  1. Anonymous users2024-02-06

    Generally speaking, it will not be related to criminal matters, unless you act in bad faith, that is, you have the ability to perform but refuse to perform, you may be subject to criminal prosecution. However, this situation is rare and very strict!

  2. Anonymous users2024-02-05

    There are many crimes that may be suspected in a criminal case arising from an economic dispute, so it is difficult for a lawyer to analyze if you cannot give details. It is recommended that you consult with a lawyer in person. Lawyer Qi Xiaodong.

  3. Anonymous users2024-02-04

    Legal Analysis: 1. Civil cases will not be directly converted into criminal cases. In the course of the trial of a civil case, the participants in the litigation may be held criminally liable for violating the litigation and enforcement procedures, but this kind of criminal case is not a transformation of a civil case.

    In the course of hearing a civil case, if a court discovers that a criminal act has been committed, it may directly transfer it to the relevant department for investigation.

    2. The parties may report the case to the judicial organs, and if it is within the scope of a private criminal prosecution, they may separately prosecute the criminal part.

    Legal basis: Criminal Procedure Law of the People's Republic of China

    Article 112:Where parties maliciously collude with each other in an attempt to infringe upon the lawful rights and interests of others through litigation, mediation, or other means, the people's courts shall reject their requests and give fines or detention based on the severity of the circumstances; where a crime is constituted, criminal responsibility is pursued in accordance with law.

    Article 113:Where the person subject to enforcement maliciously colludes with others to evade performance of obligations set forth in legal documents through methods such as litigation, arbitration, or mediation, the people's court shall give a fine or detention based on the severity of the circumstances; where a crime is constituted, criminal responsibility is pursued in accordance with law.

  4. Anonymous users2024-02-03

    Legal analysis: Economic disputes will not be transferred to criminal cases, and criminal and civil are not the same concept. If the economic dispute leads to a suspected crime, it is necessary to convert the economic dispute into a criminal case for trial.

    Economic disputes are civil cases, and civil cases are classified by the people's courts in accordance with the provisions of the law, in order to facilitate the trial and settlement of disputes between the parties.

    Legal basis: "Notice of the Ministry of Public Security on Strictly Prohibiting Public Security Organs from Interfering in Economic Disputes and Illegally Arresting People" Public security organs in all localities undertaking economic crime cases must strictly implement the provisions of the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security on the jurisdiction of cases. It is necessary to correctly distinguish the boundaries between economic crimes such as fraud, speculation, and smuggling, and economic contract disputes, and accurately characterize them.

    The public security organs are absolutely not allowed to intervene in any economic dispute such as debts and contracts.

  5. Anonymous users2024-02-02

    Economic disputes may be turned into criminal cases. For example, in a contract fraud case, if the victim does not know that the perpetrator's act is contract fraud, but only goes to the court to file a civil lawsuit and requires him to perform the contract, and then discovers that the person has no ability to perform the contract at the time of signing the contract, but only to defraud others of their property, then the victim can report the case to the public security organ and turn the case into a criminal case.

    Legal basisArticle 224 of the Criminal Law.

    In any of the following circumstances, in the course of signing or performing a contract, the other party's property is obtained by fraud for the purpose of illegal possession, and the amount is relatively large, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or life imprisonment is to be given, and a concurrent fine or confiscation of property is to be given

    1) Signing a contract with a false mu or a unit containing a structure or fraudulently using the name of another person;

    2) Secured by forged, altered, or invalidated bills or other false property rights certificates;

    3) Where there is no actual ability to perform, and the other party is induced to continue to sign and perform the contract by first performing a small contract or partially performing the contract.

Related questions
5 answers2024-03-14

If a criminal judgment that has already taken effect is truly in error, a retrial may be initiated and the sentence changed through the trial supervision procedure.

4 answers2024-03-14

Specific procedural provisions on the handling of criminal cases by public security organs: >>>More

4 answers2024-03-14

Suspected criminal offenses are to be convicted and sentenced in accordance with the provisions of criminal procedure. The period of detention of a criminal suspect specifically includes the period of criminal detention and approval of arrest and investigation by the public security organs, the time limit for the procuratorate to initiate a public prosecution, and the time limit for the people's court to hear and make a judgment. >>>More

10 answers2024-03-14

1. Submit an application for recognition of work-related injury. 2. Fill in the application form for work-related injury identification. 3. The labor and social security department shall conduct a review and determination. >>>More

20 answers2024-03-14

Unless it is a juvenile case, if the statutory ** person participates in the trial, there will be a verdict, and if it is another case, the family of the verdict will not have any notice. If a defender is appointed, the defender will have a written judgment, and the family can ask the defender to make a copy of the judgment. >>>More