How to investigate the criminal responsibility of the lai, and whether the criminal responsibility o

Refusal to enforce a court judgment constitutes the crime of refusing to enforce a court judgment. Article 313 of the Criminal Law stipulates that a person who refuses to enforce a judgment or ruling of a people's court who has the ability to do so, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine.

In addition, according to Article 1 of the "Notice of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Issues Concerning the Strict Investigation and Punishment of Criminal Acts of Refusal to Enforce Judgments and Rulings and Violent Resistance to Court Enforcement" in accordance with law, it is provided:

1. The following acts of refusal to enforce a judgment or ruling are to be punished as the crime of refusing to enforce a judgment or ruling in accordance with the provisions of Criminal Law article 313.

1) The person subject to enforcement conceals, transfers, or intentionally destroys property, or transfers property without compensation, or transfers property at an obviously unreasonable low price, making it impossible to enforce the judgment or ruling;

2) The guarantor or the person subject to enforcement conceals, transfers, intentionally destroys, or transfers property for which security has been provided to the people's court, making it impossible to enforce the judgment or ruling;

3) After receiving a notice of assistance in enforcement, the person with the obligation to assist in enforcement refuses to assist in enforcement, making it impossible to enforce the judgment or ruling;

4) The person subject to enforcement, the guarantor, or the person with the obligation to assist in enforcement conspires with the staff of a state organ to use the authority of the staff of the state organ to obstruct enforcement, making it impossible to enforce a judgment or ruling;

5) Other situations where there is the ability to enforce but refusal to do so, and the circumstances are serious.

It can be seen from this that although it is a civil case, the old man who meets the above situation will also be punished by criminal punishment.

If it helps!

You can apply to the court for compulsory repayment. It's just a civil dispute and hasn't risen to a criminal case yet.

Generally, criminal liability cannot be pursued, but only a civil matter.

They may be pursued for the crime of refusing to enforce a judgment or ruling.

On the basis of article 313 of the Criminal Law, where a people's court has the ability to enforce a judgment or ruling but refuses to do so, and the circumstances are serious, is to be sentenced to up to three years imprisonment, short-term detention, or a fine.

According to the provisions of the relevant laws of our country: The following acts of refusal to enforce a judgment or ruling are to be punished as the crime of refusing to enforce a judgment or ruling in accordance with the provisions of article 313 of the Criminal Law. 1) The person subject to enforcement conceals, transfers, or intentionally destroys property, or transfers property without compensation, or transfers property at an obviously unreasonable low price, making it impossible to enforce the judgment or ruling; 2) The guarantor or the person subject to enforcement conceals, transfers, intentionally destroys, or transfers property for which security has been provided to the people's court, making it impossible to enforce the judgment or ruling; 3) After receiving a notice of assistance in enforcement, the person with the obligation to assist in enforcement refuses to assist in enforcement, making it impossible to enforce the judgment or ruling; 4) The person subject to enforcement, the guarantor, or the person with the obligation to assist in enforcement conspires with the staff of a state organ to use the authority of the staff of the state organ to obstruct enforcement, making it impossible to enforce a judgment or ruling; 5) Other situations where there is the ability to enforce but refusal to do so, and the circumstances are serious.

To sum up, if the old man can repay the loan but does not repay, then he is suspected of the crime of refusing to execute the judgment and ruling.

Legal Analysis: If Lai's refusal to enforce the court's judgment is serious, he may be investigated for criminal responsibility. According to the relevant laws of our country, if the judgment made by the court can be refined, if the circumstances are serious, it will be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

Legal basis: "Criminal Law of the People's Republic of China" Article 313:Where a people's court's judgment or ruling 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; 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.

Legal Analysis: If Lai has the ability to enforce a judgment or ruling of a people's court but refuses to do so, and the circumstances are serious, he may be investigated for criminal responsibility. may be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

Legal basis: "Criminal Law of the People's Republic of China" Article 313: Crime of Refusing to Enforce a Judgment or Ruling Where a people's court has the ability to enforce a 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.

According to the law, Lai Lai can be investigated for criminal responsibility if he is suspected of refusing to carry out a judgment or ruling. Constituting the crime refers to a situation where the perpetrator has the ability to enforce it, but refuses to enforce the judgment or ruling of the people's court, and the circumstances are serious.

[Legal basis].Article 3 of the Criminal Law, Article 113.

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 Huiqing paragraph.