Does it constitute a crime for the debtor to run away, and does it constitute a crime for the debtor

The escape of the debtor involves the difference between a private lending dispute case and the crime of fraud. A key element distinguishing between a civil loan dispute and a crime of fraud is whether the money obtained by the perpetrator is "for the purpose of illegal possession". If, for the purpose of illegal possession, the debtor defrauds others of money through fictitious facts, it is often manifested as absconding with the money, or squandering it on a large scale, etc., it is suspected of the crime of fraud, and the debtor has no purpose of illegal possession, but cannot repay on time due to objective reasons, it is a civil dispute case, and only bears civil repayment liability.

If the debtor runs away, it is not a crime, it is a civil dispute, and it is a civil dispute, and it can be enforced after the judgment takes effect.

Steps to Litigation in the People's Court:

1. Write a complaint, and the number of copies is the number of defendants + 1. A copy of your ID card; If the defendant is a legal person or other unit of the company, a copy of the business license, a copy of the identity certificate of the company's legal representative, and a copy of the organization's ** must be submitted;

2. File the case in the people's court of the defendant's place and pay the litigation fee. If the defendant is a legal person or other unit of the company, a copy of the business license, a copy of the identity certificate of the company's legal representative, and a copy of the organization.

3. Copies of evidentiary materials, the number of copies is the number of defendants + 1.

Article 224 of the Civil Procedure Law of the People's Republic of China: The property portion of a legally effective civil judgment or ruling, as well as a criminal judgment or ruling, is to be enforced by the first-instance trial court or the people's court at the same level as the first-instance trial court where the property subject to enforcement is located.

Other legal documents that are to be enforced by the people's courts as provided by law are to be enforced by the people's court at the place where the person subject to enforcement is domiciled or where the property subject to enforcement is located.

Ordinary loan disputes are civil disputes and do not constitute crimes, and if they are suspected of committing a crime of fund-raising fraud or contract fraud, they can go to the public security bureau to report the case.

No, it is a civil dispute.

Legal analysis: the debtor runs away is not a crime, it is a civil dispute, in order to protect their own interests, the creditor is best to go to the court to sue in time, and the judgment can be enforced after it takes effect. For private lending disputes, if the debtor fails to repay the debt as agreed, and avoids it in order to avoid the debt, the creditor may file a civil lawsuit in accordance with the law to protect its legitimate rights and interests, and if the debtor has other property, the creditor may apply to the court for property preservation before or after the lawsuit.

Freeze and seize the property of the other party.

Legal basis: Civil Code of the People's Republic of China

Article 188:The statute of limitations for requests to the people's courts for the protection of civil rights is three years. Where the law provides otherwise, follow those provisions. The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor.

Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.

Article 676: Where a borrower fails to repay the loan within the agreed time limit, it shall pay overdue interest in accordance with the agreement or the relevant provisions of the State.

Legal analysis: If the debtor runs away If it is a legitimate loan relationship and the debtor does not have the purpose of illegal possession, this type does not constitute a crime, but it cannot be repaid on time due to objective reasons, it is a civil dispute case and only bears civil repayment liability. However, if for the purpose of illegal possession, after defrauding others of money through fictitious facts, it is often manifested as absconding with the money, or squandering it on a large scale, it is suspected of the crime of fraud.

Legal basis: Article 266 of the Criminal Law of the People's Republic of China Whoever defrauds public or private property, and the amount is relatively large, is to be sentenced to fixed-term imprisonment of not more than three years of renting per mu, short-term detention or controlled blindness, 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 indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.

In a normal debt relationship, the person who owes money runs away and will not be sentenced. Private lending disputes are civil cases and will not involve the issue of imprisonment, but if the private lending is determined by the judgment of the people's court, and the parties refuse to perform the judgment without reason, if it complies with the provisions of the law, it may be suspected of refusing to perform the judgment or ruling a criminal offense, and once convicted, they may be imprisoned.

Legal basisArticle 313 of the Criminal Law.

where there is a capacity to enforce a people's court's judgment or ruling 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, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

1. In principle, it is not a crime (borrowing money and other causal acts will not be converted into crimes before repayment).

2. If you have the ability not to pay it back, there is a crime of refusal to execute in the criminal law.