Will a dishonest person go to jail if he is caught, and will a dishonest person be caught

Updated on society 2024-05-24
9 answers
  1. Anonymous users2024-02-11

    The judgment debtor will not go to jail for the general dishonesty.

    1. If the person subject to enforcement subjectively has the intent to refuse to enforce the judgment or ruling. Refusal to enforce the law despite objectively having the ability to do so, and the circumstances are serious, constitutes a crime and is punishable by imprisonment.

    II. The law stipulates: Article 313 of the Criminal Law of the People's Republic of China: Where the crime of refusing to enforce a judgment or ruling is to refuse to enforce a judgment or ruling of a people's court where there is a capacity to enforce it, 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.

    3. 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.

  2. Anonymous users2024-02-10

    If there is a contract, breach of contract is considered dishonesty, and criminal liability will be paid.

  3. Anonymous users2024-02-09

    Depending on the situation, it is possible that the number is huge.

  4. Anonymous users2024-02-08

    You can look it up on the Internet, preferably the kind that is reliable.

  5. Anonymous users2024-02-07

    1. Judgment defaulters will generally not be imprisoned, and the information on the judgment defaulter list will be integrated into the judgment debtor's credit file, and provided to financial institutions and other units in the form of credit reports, for relevant units to weigh in the review of loans and other businesses;

    2. However, in the case of refusal to enforce the judgment or ruling in the case of having the ability, the suspected crime of refusing to enforce the judgment or ruling shall bear criminal responsibility.

    3. Legal basis: Article 313 of the Criminal Law (1997 revision) [Crime of refusing to enforce a judgment or ruling] Where a judgment or ruling of a people's court 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.

  6. Anonymous users2024-02-06

    About whether you will go to jail or not.

    You can go directly to the internet.

    Check the relevant legal provisions.

  7. Anonymous users2024-02-05

    The so-called judgment defaulters, commonly known as "old lai", will be included in the national list of judgment defaulters, that is, the blacklist system, through which people from all walks of life can inquire about the information on the list of judgment defaulters. Judgment defaulters are generally not arrested, but if the judgment debtor constitutes the crime of refusing to carry out a court judgment or ruling, and is transferred by the court to the public security to request that a criminal case be filed to pursue his criminal responsibility, he will be arrested.

    Judgment defaulters are involved in civil disputes and are generally not arrested. However, once listed on the list of judgment defaulters, the dishonest person will face various restrictions on high-consumption behaviors, such as not being able to take planes or high-speed trains, not being able to enter and leave high-end entertainment venues, not being able to go on vacation, not traveling, and even affecting their children's enrollment in high-cost private schools.

    The conduct that may be taken against judgment defaulters is as follows:

    1. Prohibit some high-consumption behaviors, including prohibiting taking planes and train sleepers;

    2. Implement other credit punishments, including restricting loans or credit cards from financial institutions;

    3. Where judgment defaulters are natural persons, they must not serve as the enterprise's legally-designated representatives, directors, supervisors, senior managers, and so forth.

    In any of the following circumstances, where the person subject to enforcement has the ability to perform but does not perform the obligations set forth in the effective legal documents, the people's court shall enter them into the list of judgment defaulters and give them credit punishments in accordance with law.

    1. Obstructing or resisting enforcement by means such as fabricating evidence, violence, or threats;

    2. Evading enforcement by means of false litigation, false arbitration, or concealment or transfer of property;

    3. Violating the property reporting system;

    4. Violating the order restricting high consumption;

    5. The person subject to enforcement refuses to perform the enforcement settlement agreement without justifiable reasons;

    6. Other refusals to perform obligations set forth in effective legal documents despite having the ability to perform.

    Legal basis

    Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters

    Article 3: In any of the following circumstances, the people's courts must not include the person subject to enforcement in the list of judgment defaulters on the basis of the provisions of paragraph 1 of article 1 of these Provisions:

    1) Where a full and effective guarantee is provided;

    2) Assets that have already been sealed, seized, frozen, or other measures sufficient to pay off debts determined in effective legal documents;

    3) The person subject to enforcement has a lower order of performance and should not be compelled against them in accordance with law;

    4) Other situations that do not belong to the refusal to perform obligations set forth in effective legal documents that do not have the ability to perform.

  8. Anonymous users2024-02-04

    Hello dear, happy to answer your <>

    As long as the person subject to enforcement has one of the circumstances specified in Article 1 of the Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters, the court may include the person subject to enforcement in the list of judgment defaulters, and there is no necessary connection with whether the person subject to enforcement is paying every month. In addition, if the "execution every month" mentioned in the question is only a partial payment in a symbolic manner, instead of performing the contract in strict accordance with the effective legal documents or the enforcement settlement agreement, it is considered non-performance, and the court may include the person subject to enforcement in the list of judgment defaulters in accordance with the law. Of course, if the person subject to enforcement believes that his or her inclusion in the list of judgment defaulters is in error, he or she may also explain the reasons to the people's court and apply for correction.

    If, upon examination, the court finds that the reasons are valid, it shall make a decision to correct them. Article 1 of the "Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters" Where a person subject to enforcement has the ability to perform but does not perform the obligations set forth in effective legal documents, and has any of the following circumstances, the people's court shall include them in the list of judgment defaulters and give them credit punishments in accordance with law: (1) Obstructing or resisting enforcement by fabricating evidence, baoli, threats, or other methods; (2) Evading enforcement by means such as sham litigation or arbitration, or concealment or transfer of assets; (3) Violating the property reporting system; (4) Violating an order restricting high spending; (5) The person subject to enforcement refuses to perform on the enforcement settlement agreement without a legitimate reason;

  9. Anonymous users2024-02-03

    Dishonest people generally do not go to jail. Because the money owed is not a civil dispute, it is generally not subject to criminal liability. Secondly, after the creditor files a lawsuit with the court and wins, if the debtor fails to perform the court judgment within the performance period, the creditor can apply to the Pipe court for enforcement.

    When the court accepts the enforcement, it will inquire about the real estate, vehicles, ** and deposits in the debtor's name in accordance with the law. In addition, if the debtor has no property in his name that can be used for enforcement and he refuses to perform the effective judgment of the court, there will be negative information such as overdue repayment recorded in the individual's credit report, and he will be restricted from high consumption and entry and exit, and may even be subject to judicial detention.

    1. The defendant has no money to repay it.

    1. After winning the lawsuit, if the other party fails to perform the court judgment within the performance period, it can apply to the court for compulsory enforcement.

    2. After accepting the compulsory enforcement, the court will inquire about the real estate, vehicles, ** and deposits in the debtor's name in accordance with the law;

    3. In addition, if he has no property in his name that can be used for enforcement and he refuses to perform the effective judgment of the court, he will have negative information such as overdue repayment recorded in his personal credit report and will be restricted from high consumption and entry and exit, and may even be subject to judicial detention.

    4. In the case of refusal to enforce the judgment or ruling, it is suspected of the crime of refusing to enforce the judgment or ruling.

    2. Detention several times a year for owing money.

    After the creditor files a lawsuit with the court and wins, if the debtor fails to perform the court judgment within the performance period, the creditor can apply to the court for enforcement. When the court accepts the enforcement, it will inquire about the real estate, vehicles, ** and deposits in the debtor's name in accordance with the law. In addition, if the debtor has no property in his name that can be used for enforcement and he refuses to perform the effective judgment of the court, there will be negative information such as overdue repayment recorded in the individual's credit report, and he will be restricted from high consumption and entry and exit, and may even be subject to judicial detention.

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