Will I go to jail again if I can t pay my debts after being released from prison for debts? On what

Updated on society 2024-08-13
11 answers
  1. Anonymous users2024-02-16

    Will I go to jail again if I can't pay my debts after being released from prison for debts? On what basis? After coming out, there is still no way to pay off the debt, and you can only continue to owe it and pay it off slowly.

    But the prosecution of this debt will not go to jail again.

    It is natural to repay debts, even if you are sentenced to prison because of this debt, you have to pay it back, if the subject is experiencing such a thing, I advise you to think calmly about the causes and consequences of this matter. I have already incurred debts to go to prison, this money is definitely not a small amount, if it can be stabilized, it is the best, if you can't stabilize it, then you have to go to prison to plan for yourself after you get out of prison, and study more in it. Because the Internet age is developing rapidly.

    But you can owe so much money must be a capable person, don't have other crooked ideas. Debt always comes with you. Only by paying off debts can you live a light life without incident.

    If you go to prison for debts and still refuse to perform your payment obligations after being released from prison, you may be punished again for repaying your debts, which is a civil liability; Imprisonment for debts is a violation of the provisions of the criminal law by the debtor, and it is a burden of criminal liability. Civil liability and criminal liability are not mutually exclusive, nor can they cancel each other. If the debtor is sentenced for "refusing to execute the judgment or ruling" because he refuses to repay the debt, and after being released from prison, he still fails to perform the payment obligations determined in the effective civil judgment, and may still be investigated for criminal liability again.

    Isn't it said that criminal responsibility cannot be pursued again for the same act? It is true that the judicial organ cannot impose a second penalty on the same act, but the debtor's refusal to perform the payment obligation twice does not fall into the category of "the same act". The debtor refused to fulfill the payment obligation for the first time and was sentenced to prison; If, after being released from prison, one has the ability to perform the obligation to pay, but still refuses to do so, it is a second violation of the Criminal Law, and shall be pursued for criminal responsibility again in accordance with law.

    To sum up, if the debtor is still unable to repay his debts after being released from prison due to debts, the debtor may still be held criminally liable again. Ordinary private lending disputes will not rise to the level of criminal punishment, and only when the debtor has the ability to perform the obligations determined in the effective legal documents but refuses to perform or has other dishonest acts, and the circumstances are serious, it may be suspected of "refusing to enforce a judgment or ruling". In order to avoid being held criminally liable, the debtor should be proactive in paying off the debt and should not try to offset the debt by going to jail.

    Civil liability and criminal liability cannot be offset by each other.

  2. Anonymous users2024-02-15

    There is no jail time for such behavior. The will is that many people are unable to repay their debts after going to prison, in which case their assets will be pledged through their assets, and it will not lead to another sentence.

  3. Anonymous users2024-02-14

    No, because my country has relevant laws that require you to pay off your debts slowly after you get out of prison.

  4. Anonymous users2024-02-13

    There will be no jail time, but it will need to be repaid, and the debt owed will not be offset by jail time.

  5. Anonymous users2024-02-12

    If you have already been released from prison for debts, you will generally not go to jail again for non-payment. Let's take a look at what the law says?

    Generally speaking, non-repayment of debts is only a civil dispute, and if the court judgment takes effect, the right holder can apply to the court for enforcement.

    The court's compulsory enforcement measures include inquiry, freezing, and transfer of deposits and valuable assets in the name of the person subject to enforcement, and sealing and auctioning the immovable property in the name of the person subject to enforcement.

    For those who really have no property to enforce, the court will also take measures such as restricting high consumption and being included in the blacklist of dishonest persons.

    Of course, the court can also take compulsory measures of detention against Lai, but this detention is generally up to 15 days at a time, which is not a sentence to prison, but only one of the compulsory measures.

    However, if there is a malicious refusal to perform on an effective judgment or ruling of a people's court, and the circumstances are serious, it may constitute the crime of refusing to perform on an effective judgment or ruling. This is no longer a compulsory measure of civil enforcement by the court, but an investigation of criminal liability.

    In law, there is a principle of "no two penalties", according to which the same act of refusing to perform on an effective judgment or ruling is sentenced to imprisonment for the crime of refusing to perform on an effective judgment or ruling, and after the convict is released from prison, he will generally not be pursued for the same act again.

    Of course, it needs to be returned.

    In law, it does not mean that if the person subject to enforcement has been detained or investigated for criminal responsibility and imprisoned for refusing to perform his debts, his debts can be forgiven, and those who should be paid off must still be paid off, and the interest is doubled until the payment is completed.

  6. Anonymous users2024-02-11

    If you don't pay back the money you owe, you won't go to jail casually! In general, you don't go to jail if you owe money. And most of the situations we see are because they are generally guilty of refusing to carry out judgments and rulings.

  7. Anonymous users2024-02-10

    If you don't pay back the money after you get out of prison, you will probably go to jail, so you must find a way to pay it back as soon as possible after you get out of prison.

  8. Anonymous users2024-02-09

    Going to jail for debts, and after being released from prison, still unable to pay their debts, will not go to jail again.

  9. Anonymous users2024-02-08

    Legal Analysis: Yes, if you don't pay it, you may be forced to do so after you are released from prison, and you will be forced to seize your property and detain you. But if there is really no money, the court can't do it, and there is really no money to postpone the payment.

    Where failure to pay has an impact on both sentencing and commutation, but is truly unable to do so, it must be proved on the basis of the case.

    Legal basis: Criminal Procedure Law of the People's Republic of China "Article 271 Where convicts sentenced to fines do not pay them at the end of the time limit, the people's courts shall compel them to pay them; If there is real difficulty in paying due to irresistible calamities, it may be reduced or waived.

  10. Anonymous users2024-02-07

    Debts are still needed to be repaid when they are released from prison. Jail is a criminal liability, and repayment of debts is a civil liability. Civil liability and criminal liability are two different types of legal liability, and they do not affect each other.

    Imprisonment is criminal liability, not exemption from civil liability. After being released from prison, the debtor is still liable for the debt and needs to be repaid.

    1. Will there be compensation if you are sentenced for minor injuries in a fight?

    Need to pay. Those who are sentenced to imprisonment are still liable for civil compensation. Civil liability and criminal liability are two different forms of legal liability, and their application does not affect each other. The assumption of criminal liability does not affect the assumption of civil liability.

    Article 234 of the Criminal Law: Intentional injury.

    Whoever intentionally injures the body of another person is to be sentenced to up to three years imprisonment, short-term detention or controlled release. Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.

    2. Do I have to repay the loan after being released from prison for economic crimes?

    Economic crimes are required to be repaid after they are released from prison. Repayment is a civil liability, imprisonment is a criminal punishment, and criminal punishment does not offset civil liability, so repayment is still required after being released from prison. Unless the plaintiff voluntarily does not want it, the debt still exists.

    In addition to criminal liability in accordance with the law, economic crimes also need to bear corresponding civil liability for compensation. As an injured unit or individual, an attached civil lawsuit may be filed with the court in criminal proceedings. After the convict is released from prison after serving his sentence, he may still request restitution.

    Criminal Procedure Law: Article 99:Where a victim suffers material losses as a result of the defendant's ignorant criminal conduct, he or she has the right to initiate an attached civil lawsuit in the course of criminal proceedings. Where the victim dies or loses capacity, the victim's legally-designated person or close relatives have the right to raise an attached civil lawsuit.

    If state property or collective property suffers losses, the people's procuratorate may initiate an attached civil lawsuit when initiating a public prosecution.

    3. How to fulfill the guarantor's guarantee responsibility after being imprisoned.

    The guarantor is in jail, and the creditor can still sue the guarantor. When initiating a lawsuit, the people's court for the plaintiff's domicile shall have jurisdiction.

    If the guarantor shall bear the guarantee liability, it cannot be exempted from the guarantee liability because it has been subjected to additional criminal liability, let alone transfer the guarantee liability to others.

    The creditor can sue the court to demand repayment, and then after the court judgment, it can apply for the enforcement of the guarantor's other property to repay the debt; Alternatively, you can wait for the guarantor to be able to repay after he or she is released from prison before asking him or her to repay the loan.

  11. Anonymous users2024-02-06

    Debt disputes are originally civil disputes, and generally speaking, the court will not take the initiative to participate in the judgment and enforcement, unless it has the ability to repay but refuses to repay, and the circumstances are more serious, and criminal liability will be imposed. So, if you go to jail for debts, do you still have to pay back the money after you get out of prison?

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