If the husband can t pay the fine after being sentenced, will it affect the wife?

If the husband can't pay the fine after being sentenced, of course it will affect the wife, the husband and wife are husband and wife, whether it is debt or property, it should be joint husband and wife.

Fines refer to the method of punishment in which the court sentences the offender to pay a certain amount of money to the state. A type of penalty for property punishment. It is an additional punishment in Chinese criminal law. China's criminal law does not specify the amount of fines, only in principle.

There are three types of fines and penalties:

1. The fine shall be paid in one lump sum or in installments within the time limit specified in the judgment;

2. If the payment is not made at the expiration of the period, the payment shall be compulsory. Sealing, selling criminals' property or withholding wages, etc.;

3. If there is a real difficulty in paying for an irresistible disaster, it can be reduced or exempted as appropriate.

Fines have the following characteristics:

1. Fines, like confiscation of property, are compulsory property punishment measures taken by the people's courts against criminals;

2. In accordance with the principle of "bearing responsibility for the crime and opposing the conjunction" in China's Criminal Law, fines, like confiscation of property, can only enforce the property owned by the criminal's individual, and cannot enforce the property owned or subsequently owned by the criminal's family;

3. The scope of the fine can only be to compel the criminal to pay a certain amount of money owned by the individual. If there is no money, measures may be taken to seal, seize, freeze, sell, or auction the lawful property in their possession, and the money from the sale or auction may be used to offset the fine;

4. The payment of the fine is after the court judgment takes effect and involves the enforcement of the penalty.

The difference between fines and confiscation of property, confiscation of property is a property penalty, which refers to the full or partial nationalization of property, cash, creditor's rights and other property owned by the offender, and cannot involve the property of persons other than the offender; Where all property is confiscated, necessary living expenses shall also be left for the offender and his or her family members and children, and the offender's legitimate debts before the confiscation of property may be returned upon the application of the creditor, and where the property is confiscated, an application must not be made to the people's court for a discretionary reduction or exemption for any reason.

Article 53 of the Criminal Law of the People's Republic of China: Fines are to be paid in one lump sum or in installments within the time period specified in the judgment. If the payment is not made at the expiration of the time limit, the payment shall be compulsory. Where the fine cannot be paid in full, the people's court shall recover it at any time if it discovers that the person subject to enforcement has property that can be enforced.

In most cases, the inability to pay the fine after the husband is sentenced will not directly affect the wife. According to the provisions of the Criminal Law of the People's Republic of China, if the person being fined is unable to pay the fine, the person subject to detention may be detained in lieu of enforcement, that is, the person subject to the fine can use his own detention time in lieu of the fine. Therefore, if the husband is unable to pay the fine, he will be detained without directly affecting the wife.

However, if the property of the person fined for the joint property of the husband and wife may be sealed, frozen or seized, the interests of both spouses will be affected in the case of joint property. Therefore, it is recommended that husband and wife should pay attention to financial management in their lives to avoid affecting the interests of both husband and wife due to joint property.

In addition, if the property in the name of the wife and the husband is separated, then the husband's inability to pay the fine after the sentence will not affect the wife's property. However, it should be noted that in the case of joint property or joint debts, there are some circumstances in which both spouses are jointly and severally liable, such as when one of the spouses cannot afford the expenses incurred by the spouses to live together during the marriage, the other spouse is liable. Therefore, when dealing with the issue of joint property and debts of the husband and wife, it is necessary to analyze and deal with it on a case-by-case basis according to the actual situation.

In short, if the husband cannot pay the fine after the sentence, it will not directly affect the interests of the wife, but if the husband and wife have joint property or joint debts, they need to pay attention to deal with these problems so as not to affect the interests of both husband and wife.

If the husband can't pay the fine after being sentenced, will it affect the wife?Of course, it will affect the wife, the husband and the wife are husband and wife, whether it is debt or property, it should be joint husband and wife, so the wife should help the old bus fine.

Yes, the income of one or both spouses is the joint property of the husband and wife, and if the money in the man's account is not enough to pay the fine, the court may freeze the woman's account or enforce it directly, because it is the joint property of the husband and wife, not the woman's personal property.

According to the provisions of the Civil Code, both husband and wife are liable for the joint debts of the husband and wife. If it is a debt with the joint signature of both husband and wife, that is, the debt known to the woman, it is a joint debt and needs to be borne jointly by both husband and wife.

[Relevant Laws].

Article 1064 of the Civil Code: Debts incurred by both husband and wife in the joint signature of the husband and wife or a joint expression of intent such as the subsequent recognition of the husband and wife, as well as the debts incurred by one of the husband and wife in his or her own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife.

Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.

Article 1062 of the Civil Code: The following property acquired by the husband and wife during the marriage relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife

1) Wages, bonuses, and remuneration for labor services;

2) Income from production, operation and investment;

3) income from intellectual property rights;

4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;

5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

Legal Analysis: Fines and sentences have nothing to do with each other. There will be no extension of the sentence for non-payment of the fine.

Both are types of punishment. Refusing to pay the fine is an unwise choice because the money is given to the state, and it is very easy for the court to enforce the property of the person subject to enforcement. A fine is a method of punishment in which a people's court sentences a criminal to pay a certain amount of money to the state.

Metal fines are a type of property penalty, which is strictly different from administrative fines, compensation for losses, and other punishment measures in terms of the nature of the punishment, the applicable object, the applicable procedure, the applicable subject, and the basis for application.

Legal basis: Article 101 of the Civil Procedure Law of the People's Republic of China Where an interested party does not immediately apply for preservation due to an urgent situation, which will cause irreparable damage to its lawful rights and interests, it may apply to the people's court with the location of the property subject to preservation, the domicile of the respondent, or the people's court with jurisdiction over the case to take preservation measures before initiating litigation or applying for arbitration. The applicant shall provide a guarantee, and if it does not provide a guarantee, a ruling shall be made to reject the application.

After the people's court accepts the application, it must make a ruling within 48 hours; Where a ruling is made to employ preservation measures, enforcement shall begin immediately.

Summary. The penalty is for the personal debts of the offender, and if the husband commits the crime, it is paid by the part of the property owned by the husband and wife in the joint property of the husband and wife, and the wife is not directly required to bear it.

If the husband can't pay the fine after being sentenced, will it affect the wife?

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In principle, the husband and wife are completely independent persons with civil and criminal capacity, and they should be held responsible separately.

Hello. If the husband commits a crime, it is the part of the property owned by the husband and wife who owns him personally and pays the debt, and the wife will not be directly asked to bear it.

<>Hello dear.

Will his jail impact on me?

It won't have a big impact, don't worry.

However, if he is imprisoned, it will be difficult for your children to have a hard time guessing in terms of political trials in the future, for example, if he wants to be a soldier or a civil servant, this is not okay.

Because if their relatives go to jail, they will not pass the political trial.

Legal analysis: The husband has been sentenced, and whether the wife needs to pay the fine depends on the woman's own thoughts, because legally speaking, the fine caused by the violation of the law should be personal responsibility, and the spouse is not jointly and severally liable. However, since the family property is in common, this division is only meaningful in individual special cases.

For example, the parties have been separated for a long time, and the joint property is not enough to pay the fine, etc. In other cases, the family property has to be used to pay for it, so in fact, the spouse also bears the responsibility.

Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by husband and wife during the existence of their marital relationship is the joint property of the husband and wife and is jointly owned by the husband and wife: (1) wages, bonuses, and remuneration for labor services; 2) Income from production, operation and investment; 3) income from intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 100000000 of this Law; 5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.