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According to the law, during the execution of a civil case, the court can judicially detain the person subject to enforcement, although there is no provision that the person subject to enforcement can be detained several times, but generally speaking, in the course of an execution, only one detention will be made. Where the circumstances are serious enough to constitute a crime, a judgment shall be made in accordance with law for the crime of refusing to carry out a judgment of the court in accordance with the Criminal Law.
Legal basis: 1. Article 111 of the "Civil Procedure Law" Where litigation participants or other persons commit any of the following acts, the people's courts may impose fines or detention on the basis of the severity of the circumstances; where a crime is constituted, criminal responsibility is pursued in accordance with law
1) Fabricating or destroying important evidence, obstructing the people's court's trial of a case;
2) Using violence, threats, or bribery to prevent witnesses from testifying, or instigating, bribing, or coercing others to give false testimony;
3) Concealing, transferring, selling, or destroying property that has already been sealed or seized, or property that has been inventoried and ordered to be kept, or transferring property that has been frozen;
4) Insulting, defaming, framing, beating, or retaliating against judicial personnel, litigation participants, witnesses, translators, evaluators, inquest personnel, or persons assisting in enforcement;
5) Using violence, threats, or other methods to obstruct judicial personnel from performing their duties;
6) Refusal to perform on a judgment or ruling of a people's court that has already taken legal effect.
2. Article 313 of the Criminal Law refuses to enforce a judgment or ruling of a people's court where 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, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.
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In the case of economic disputes, if the person subject to enforcement has been detained once during the court's enforcement, the court may still decide to detain the person subject to enforcement if there are other acts that obstruct civil litigation.
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Generally, not. Unless it is a criminal case possible. On the civilian side, it is generally not possible to detain the same incident repeatedly.
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1. After the court judgment takes effect, if the person subject to enforcement fails to fulfill the repayment obligation within the automatic performance period specified in the judgment, you can apply to the court for compulsory enforcement.
2. As long as you apply to the court for compulsory enforcement, you do not need to apply again in the future. Once you know the clues of the other party's property, you can enforce it directly through the court.
3. As for the detention measures taken by the court against the person subject to enforcement during the course of enforcement, it is judicial detention, provided that the person subject to enforcement has the ability to perform his obligations but refuses to do so. The maximum period of judicial detention is 15 days.
Legal basis: Criminal Procedure Law of the People's Republic of China Article 82: Public security organs may detain current offenders or major suspects in any of the following circumstances:
1) They are preparing to commit a crime, committing a crime, or are discovered immediately after committing a crime;
2) The victim or a person who witnessed it at the scene identified him as having committed the crime;
3) Evidence of a crime is found in the vicinity or residence;
4) Attempting to commit suicide or fleeing after committing a crime, or where they are on the run;
5) There is a possibility of destroying or fabricating evidence or colluding confessions;
6) Not telling their real name or address, and their identity is unclear;
7) There is a major suspicion of wandering around the state archives, committing crimes multiple times, or committing crimes in groups.
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Normally, there is no detention unless there is a criminal offense involved, economic disputes can be resolved through civil litigation, and at the enforcement stage, if you refuse to carry out the action, you may be detained. If it is clear after the people's court that there is no property to be enforced, enforcement may be suspended, and enforcement may be resumed after the circumstances of the suspension disappear. Article 256 of the Civil Procedure Law In any of the following circumstances, the people's court shall rule to suspend enforcement:
1) The applicant indicates that enforcement can be extended; (2) Where a person not involved in the case raises a well-founded objection to the subject matter of enforcement; (3) The death of a citizen who is a party and it is necessary to wait for the heirs to inherit the rights or assume the obligations; (4) Where a legal person or other organization that is a party is terminated, and the successor of rights and obligations has not yet been determined; (5) Other circumstances where the people's court finds that enforcement should be suspended. After the suspension disappears, the execution resumes. Before potatoes.
Code of Criminal Procedure
Article 80. In any of the following circumstances, the public security organs may detain current offenders or major suspects in advance:
1) They are preparing to commit a crime, committing a crime, or are discovered immediately after committing a crime;
2) The victim or a person who witnessed it at the scene identified him as having committed the crime;
3) Evidence of a crime is found in the vicinity or residence;
4) Attempting suicide, escaping, or being at large after committing a crime;
5) There is a possibility of destroying or fabricating evidence or colluding confessions;
6) Not telling their real name or address, and their identity is unclear;
7) There is a major suspicion of committing a crime on the go, committing a crime multiple times, or committing a crime in a group.
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If a civil lawsuit arises due to a civil dispute, the litigant may be judicially detained. If you refuse to perform a civil judgment or ruling, you may be criminally detained if you are suspected of committing a crime. Judicial detention is a punitive measure, and criminal detention is a coercive measure.
Criminal Procedure Law of the People's Republic of China Article 82: In any of the following circumstances, public security organs may detain a person who is currently committing a crime or is a suspect who has been re-examined: (1) Those who are preparing to commit a crime, committing a crime, or being discovered immediately after committing a crime; (2) The victim or a person who saw the nuclear cherry blossom at the scene identified him as having committed the crime; 3) Evidence of a crime is found in the vicinity or residence; 4) Attempting suicide, escaping, or being at large after committing a crime; 5) There is a possibility of destroying or fabricating evidence or colluding confessions; 6) Not telling their real name or address, and their identity is unclear; 7) There is a major suspicion of committing a crime on the go, committing a crime multiple times, or committing a crime in a group.
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Legal Analysis: According to the law, economic cases are generally detained for three days or four or five days. There are three types of public security criminal detention in economic cases:
1) Where a criminal suspect in custody is found to need to be arrested after review, it shall be submitted to the procuratorate for review and approval within 3 days of detention. (2) Extension of 1 to 4 days. That is, under special circumstances, with the approval of the responsible person of a public security organ at or above the county level, the time for submitting a request for review and approval of arrest is to be extended by one to four days on the basis of the original three days.
In special circumstances in judicial practice, it generally refers to the criminal suspect's conduct constituting a major suspicion of a crime, but the facts of the crime have not yet been ascertained, the circumstances are complex, and the collection of evidence materials is not sufficient to submit a request for approval of arrest, and the appraisal conclusion has not yet been made as the main source of evidence for determining the facts of the case, affecting the determination of the nature of the case. (3) 30 days. That is, the time for submitting a request for review and approval may be extended to 30 days upon approval of the responsible person at a public security organ at or above the county level for major suspects who have committed crimes on the go, committing crimes multiple times, or committing crimes in groups.
Among them, wandering crime refers to committing crimes continuously across the jurisdiction of cities and counties, or fleeing to other cities or counties after committing crimes in the place of residence to continue committing crimes, secondary crimes refer to committing crimes three or more times, and gangs committing Dayuan crimes refer to two or more people committing crimes together.
Legal basis: Civil Procedure Law of the People's Republic of China
Article 3: Scope of Application The provisions of this Law apply to people's courts' acceptance of civil lawsuits raised between citizens, legal persons, other organizations, and between them due to property and personal relationships.
Article 122:Advance Mediation Where a party sues a civil dispute in a people's court and mediation is appropriate, mediation is to be conducted first, except where the parties refuse to mediate.
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According to the law, economic cases are generally detained for three days or four or five days. There are three types of public security criminal detention in economic cases: (1) Where a criminal suspect is detained and it is found necessary to be arrested after review, it shall be submitted to the procuratorate for review and approval within three days of detention.
(2) Extension of 1 to 4 days. That is, under special circumstances, with the approval of the responsible person of a public security organ at or above the county level, the time for submitting a request for review and approval of arrest is to be extended by one to four days on the basis of the original three days. In special circumstances in judicial practice, it generally refers to the fact that the criminal suspect's conduct constitutes a major suspicion of a crime, but the facts of the crime have not yet been ascertained, the circumstances are complex, and the collection of evidence materials is not sufficient to submit a request for approval of arrest, and the appraisal conclusion has not yet been made as the main evidence for determining the facts of the case, affecting the determination of the nature of the case.
(3) 30 days. That is, with the approval of the responsible person of a public security organ at or above the county level, the time period for submitting a request for review and approval may be extended to 30 days for major suspects who are wandering around and preparing for committing crimes, imitating jokes, committing crimes multiple times, or accusing them of ganging up to commit crimes. Among them, wandering crime refers to committing crimes continuously across the jurisdiction of a city or county, or fleeing to another city or county to continue committing a crime after committing a crime in the place of residence, and committing a crime in a secondary crime refers to committing a crime three or more times, and committing a crime in a gang refers to two or more people committing a crime together.
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In case of criminal detention, the maximum is 37 days. According to the Criminal Procedure Law of the People's Republic of China, if a public security organ finds it necessary to arrest a detained person, it shall submit it to the people's procuratorate for review and approval within three days of the detention. Under special circumstances, the time for submitting a request for review and approval may be extended by one to four days.
For major suspects who have committed crimes on the go, committing crimes multiple times, or committing crimes in groups, the time period for submitting a request for review and approval may be extended to 30 days. Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 91: Where a public security organ finds it necessary to arrest a person who has been detained, it shall submit it to the people's procuratorate for review and approval within three days of the detention.
Under special circumstances, the time period for submitting a request for review and approval may be extended by one to four days. For major suspects who have committed crimes on the go, committing crimes multiple times, or committing crimes in groups, the time period for submitting a request for review and approval may be extended to 30 days. The people's procuratorate shall make a decision to approve the arrest or not to approve the arrest within 7 days of receiving the public security organ's request for approval of arrest.
Where the people's procuratorate does not approve the arrest, the public security organs shall release them immediately after receiving the notice, and promptly notify the people's procuratorate of the execution situation. Where it is necessary to continue the investigation and the requirements for release on guarantee pending further investigation or residential surveillance are met, they are to be released on guarantee pending further investigation or placed under residential surveillance in accordance with law.
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