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According to the law, during the probationary period of probation, convicts shall abide by the relevant legal provisions, and if during the probationary period of probation, they refuse to perform on the effective judgment of the court due to civil economic disputes, and are subject to judicial detention, and their conduct violates relevant laws, administrative regulations, and provisions on the supervision and management of suspended sentences, and the circumstances are serious, they shall be returned to prison to enforce the original sentence in accordance with law.
Legal basis: Article 75 of the Criminal Law [Provisions to be Observed by Probationers] Criminals who have been given a suspended sentence shall comply with the following provisions:
1) Comply with laws and administrative regulations, and obey supervision;
2) Report their own activities in accordance with the provisions of the inspection organ;
3) Comply with the regulations of the inspection agency on receiving visitors;
4) Leaving the city or county where they reside or relocating shall be reported to the inspection organ for approval.
Article 77: [Revocation of Suspended Sentences and Their Disposition]Where a criminal who has been given a suspended sentence commits a new crime during the probationary period of a suspended sentence or discovers that there are other crimes that have not been adjudicated before the verdict is announced, the suspended sentence shall be revoked, a judgment shall be made for the newly committed crime or newly discovered crime, and the punishment for the previous and subsequent crimes shall be determined in accordance with the provisions of article 69 of this Law.
Criminals who have been given a suspended sentence shall have the suspended sentence revoked and the original sentence enforced if they violate laws, administrative regulations, or relevant departments' provisions on the supervision and management of suspended sentences, or violate the injunction in the people's court's judgment, and the circumstances are serious.
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Article 292 of the Criminal Law of the People's Republic of China stipulates: Whoever assembles a crowd to fight shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release for the ringleaders and other active participants; In any of the following circumstances, the ringleaders and others who actively participate are to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years:
1) Gathering crowds to fight multiple times;
2) Gathering a crowd to brawl with a large number of people, a large scale, and a vile social impact;
3) Gathering crowds to fight in public places or on major traffic arteries, causing serious disruption of social order;
4) Armed crowds to fight.
Where a crowd is assembled to fight, causing serious injury or death, it is to be convicted and punished in accordance with the provisions of articles 234 and 232 of this Law.
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Where laws and regulations are violated during the period of probation, and the court finds that it is necessary to revoke the suspended sentence, it may revoke the suspended sentence and enforce the original judgment against the offender.
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No, no further offences can be committed during the probation period, and the probation sentence will be revoked and the sentence for the new offence will be revoked at the time of the offence. It has nothing to do with civil disputes. You can reach an agreement with the creditor, put it on hold, make a repayment agreement, and find a guarantee so that others will believe you.
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Answer: Hello, being detained for insolvency is judicial detention and generally does not result in imprisonment, but if the court transfers the case to the Public Security Bureau according to the crime of refusal to execute, it will be troublesome to ask the question, so what should I do?
It is necessary to fully cooperate with the work of the court, have the ability to repay the loan as much as possible, and if you are not able to do so, declare your assets on time, and follow the message.
And try to fulfill a little bit every month.
Question: What should I do if I don't have a job now?
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Hello, according to the degree of injury you will injure, after the injury identification, to see if it reaches the level of minor injury, welcome to inquire.
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If someone is injured by a hit, depending on the severity of the injury, you will have different responsibilities.
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Intentionally injuring people ......A fine of more than 500 and less than 2,000 is serious criminal liability.
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Hello, debt disputes are economic disputes.
Where a fight causes injury to others, the criteria for filing a case are to be based on the evaluation of the injuries to determine whether the crime of intentional injury is constituted, otherwise punishment is to be given in accordance with the Public Security Administration Punishment Regulations. According to your description, the penalty standard for the crime of intentional injury has been established.
There is also a civil liability for compensation for injuries caused by fighting, and the tortfeasor shall bear economic compensation to the victim for medical expenses, nursing expenses, lost work expenses, etc.
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Where a fight results in a slight injury or more, criminal responsibility for the crime of intentional injury may be pursued, and blindness may constitute serious injury.
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No, civil disputes do not affect the execution of suspended sentences.
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No, it's just an ordinary civil dispute, not a criminal offense, and it won't affect probation.
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This reason should not be used.
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If the injury or loss does not meet the criminal standard, mediation can be conducted, and if mediation fails, punishment will be imposed in accordance with the penalty law, so that if you want to claim compensation, you must go to the court to file a lawsuit.
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1. If a lawsuit is filed, the court will serve a summons and other legal documents on the defendant.
The main thing is to inform, to submit a reply within the prescribed time limit, as well as the rights and obligations such as the time limit for presenting evidence, the rules for presenting evidence, etc.;
2. The court will choose the right time and notify the plaintiff and the defendant to appear in court.
The court generally asks both parties whether they are willing to mediate, and if the mediation fails, the court will conduct a trial, and both parties will present evidence, cross-examine evidence, and debate, and the court will hear the opinions of both the original defendant and the defendant. The case is usually decided at a time after the trial has been held.
3. After the judgment, if the appeal is not made within 15 days, the judgment shall take effect; If the case is appealed, the case will enter the second-instance procedure, and the judgment rendered in the second-instance trial cannot be appealed, and the judgment will take effect immediately once it is rendered.
4. The judgment will clarify the rights and obligations of both parties, and if the defendant loses the lawsuit, he will have to bear the corresponding litigation costs. At the same time, the obligation should be automatically performed within the time limit specified in the judgment.
5. If the obligor does not perform automatically, the obligee may apply to the court for compulsory enforcement within 2 years.
There are many enforcement measures, such as compulsory enforcement of deposits, and the court can take measures such as inquiry, freezing, and transfer; In enforcement practice, the court may withhold and withdraw the income of the person subject to the application for enforcement; For the enforcement of other property, the court has the right to seal, seize, auction or sell the part of the property that the person subject to the application for enforcement shall perform its obligations. Courts can also search property, forcibly deliver, forcibly evict from the house or vacate the land, etc. At the same time, the obligor also bears the execution fee and doubles the interest on the debt during the period of delayed performance.
Collect the person's property information, including bank accounts, real estate, etc., and then sue directly to the court, if there is a guarantor, you can also sue the guarantor to repay, foreigners need to provide a one-year residence certificate in Shanghai, you can entrust a lawyer to collect relevant evidence and information on your behalf, in view of the insufficient description of your description, it is recommended to bring relevant materials to the interview, more questions welcome to log in Shanghai Li Junqiao lawyer**.
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This is not necessarily an abuse of the legal person, there are some things that cannot be explained in a few simple words, and if you can change it, then no problem.