Is it illegal to write a blank check, and the consequences of writing a blank check

1. Checks cannot be written "short".

2. You have to look at your economic dealings as a whole, if you use legal means now, after breaking your face, it will not be cost-effective for the current loss.

3. If it is cost-effective, you can finally ask it to settle the debt or provide a guarantee before a certain date. If not, report the case to the public security organ. It can be treated as a fraud.

Give him a chance to settle his debts or provide guarantees before a certain date, and if he still delays, go to the public security organ to report the case as fraud. There is no problem with that. (Of course, you have to make it clear how far you will end up and what the other party will be.)

The so-called fraud is to take possession by method——— and if the other party writes a blank check and does not try to make up for it, it should be determined that there is a suspicion of fraud.

This should be a debt dispute case, if the other party denies the payment, then it constitutes fraud, but now he has not denied it, just blindly delaying the repayment, then he can sue the court according to the contract to require the other party to perform the debt. Don't say there is no contract!!

Depending on the circumstances, writing a dishonoured cheque to defraud you may be committing fraud. Those who issue dishonored checks to obtain property by fraud should be investigated for criminal responsibility in accordance with the law. If the circumstances of the act of issuing dishonoured cheques to obtain property by fraud are minor and do not constitute a crime, administrative penalties shall be imposed in accordance with the relevant provisions of the Negotiable Instruments Law.

It depends on the nature of the case, if the matter is big, it is a crime of fraud.

The law provides for administrative penalties for bad check violations.

The Circular of the People's Bank of China on Issues Concerning the Implementation of Administrative Penalties for the Issuance of Dishonored Cheques clearly states that the entities imposing administrative penalties for dishonored cheques are the People's Bank of China and its branches; The basis and standard of punishment is Article 31 of the "Implementation Measures for the Administration of Bills": If a bad check is issued or a check that does not match the signature and seal reserved by the bank, and the purpose is not to obtain property by fraud, the People's Bank of China shall impose a fine of 5% of the face value but not less than 1,000 yuan, and a blacklist system for violations of bad checks has been established.

Legal basis: Article 31 of the Implementation Measures for the Administration of Bills: The People's Bank of China shall impose a fine of 5% of the face value but not less than 1,000 yuan on the issuance of a blank check or a check inconsistent with the signature and seal reserved by the person who issues a blank check and does not have the purpose of fraudulently obtaining property.

Legal Analysis: A dishonored check refers to a check in which the drawer's deposit with the payer is insufficient to pay the amount of the bill when the holder of the check requests payment. The Negotiable Instruments Law stipulates that the amount of cheques issued by the drawer of cheques shall not exceed the amount of the cheques actually deposited with the payer, that is, no bad cheques shall be issued.

Legal basis: Negotiable Instruments Law of the People's Republic of China

Article 87 The amount of the cheque issued by the drawer of the cheque shall not exceed the amount of the cheque actually deposited with the payer at the time of payment. If the amount of the cheque issued by the drawer exceeds the amount actually deposited with the payer at the time of payment, it is a blank cheque. Dishonored checks are prohibited.

Article 102 Anyone who commits any of the following acts of negotiable instrument fraud shall be investigated for criminal responsibility in accordance with law: (1) forging or altering negotiable instruments; (2) Intentionally using forged or altered bills; (3) Issuing dishonoured checks or intentionally issuing checks that are inconsistent with the signature or seal of the original name that they have reserved, thereby fraudulently obtaining property; (D) the issuance of unreliable funds, promissory notes, fraudulent funds; (E) the drawer of a bill of exchange or promissory note makes a false record when issuing the bill and obtains property by fraud; (6) Fraudulently using other people's bills, or intentionally using expired or invalid bills to obtain property by fraud; (7) The payer maliciously colludes with the drawer or bearer to carry out one of the acts listed in the preceding six items.

Legal Analysis: It is a crime to write a bad check to defraud property, which may constitute the crime of bill fraud. If there is no purpose to obtain property by fraud, it is not an offence to mistakenly sign a cheque or a cheque that does not match the seal reserved by mistake, without knowing that the deposit is insufficient.

Legal Basis: "Criminal Law of the People's Republic of China" Article 194 Where financial instrument fraud is carried out and the amount is relatively large, a sentence of up to five years imprisonment or short-term detention is to be given, and a concurrent fine of between 20,000 and 200,000 RMB is to be given; where the amount is huge or there are other serious circumstances to celebrate the holiday, a sentence of between 5 and 10 years imprisonment and a concurrent fine of between 50,000 and 500,000 RMB 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 indefinite imprisonment is to be given, and a concurrent fine of between 50,000 and 500,000 RMB or confiscation of property is to be given.

If the amount of the cheque issued by the drawer exceeds the amount actually deposited with the payer at the time of payment, it is a blank cheque. It is illegal to write a bad check and commit the crime of bill fraud. The situation you are talking about is not a case of writing a blank check.

The methods to eliminate bad checks are as follows: 1. Understand the qualifications and reputation of the drawer, and only accept transfer checks issued by old customers and customers with high reputation; 2. For customers who do not understand, try not to accept and return the shouting check, and ask the other party to issue a cashier's check and bank acceptance draft.

Article 194 of the Criminal Law, in any of the following circumstances, where financial instrument fraud is carried out and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; where the amount is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment and a concurrent fine of between 50,000 and 500,000 RMB is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of not less than 10 years imprisonment or life imprisonment is to be given, and a concurrent fine of between 50,000 and 500,000 RMB or confiscation of property: 1) Clearly knowing that a bill of exchange, promissory note, or check is forged or altered; (2) Knowingly using a bill, promissory note, or cheque that is invalid; (3) Fraudulently using other people's bills of exchange, promissory notes, or checks; (4) Issuing dishonored checks or chain bills that are inconsistent with their reserved seals, and fraudulently obtaining property; (5) The drawer of a bill of exchange or promissory note issues a bill of exchange or promissory note without a financial guarantee or makes a false record at the time of issuance of the bill of exchange or promissory note to obtain property by fraud. Where forged or altered entrustment receipts, remittance vouchers, bank deposit receipts, or other bank settlement vouchers are used, punishment is to be given in accordance with the provisions of the preceding paragraph.

Is it an offence to write a blank cheque Answer: If the invoicer clearly knows that the bank does not have sufficient funds and issues a dishonoured cheque to defraud valuable goods or services, such as the remuneration you care about, he may be guilty of fraud or blackmail, which is a very serious criminal offence. However, if a promissory note is issued, then the drawer can argue that he believes that there will be enough money in his account to cash the cheque on the due date, so it is generally not a criminal offence to issue a blank promissory note.

Of course, regardless of whether the cheque is dishonoured or not, if the cheque cannot be cashed (i.e. the bank bounces the cheque), the payee can recover from the drawer in a civil lawsuit, and in practice, most of the refund of the cheque will be settled through negotiation, and generally speaking, the drawer will pay the payee immediately and compensate for the interest, bank charges and administrative costs of processing the returned cheque.

2012-09-30 03:39:38 Added:

Counting prevents people from writing blank checks

Response: Writing a bad cheque may be a crime of fraud or blackmail, which is a very serious criminal offence.

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It is an offence to write a bad check

Department sell buy on the system!

For example, if you do a single business: 1 million.

He used to write blank checks, default (not more than money) to blow up the fraud.

Counting prevents people from writing blank checks

Call it to pay with other methods ( bank ).

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