Traditional Culture Encyclopedia - Hotel franchise - I owe CMA a cash loan of 20,000 yuan. Will you go to jail without money?
I owe CMA a cash loan of 20,000 yuan. Will you go to jail without money?
According to Article 313 of the Criminal Law of People's Republic of China (PRC), whoever refuses to execute the judgment or ruling of the people's court, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine.
Specific circumstances of the crime of refusing to execute a judgment or ruling:
(a) refers to the people's court's judgment and ruling has the ability to execute and refuses to execute.
(2) Refusing to execute the judgment or ruling of the people's court, including all or part of the obligations that should be performed.
(3) refers to the behavior of refusing to execute when it is capable of executing. The inability to execute does not constitute this crime.
(4) serious behavior. Refers to the following acts;
(1) The person subjected to execution conceals, transfers, intentionally damages the property or transfers the property at a low price without compensation, which obviously makes the judgment or ruling unenforceable;
(2) The guarantor or the person subjected to execution conceals, transfers, intentionally damages or transfers the property that has provided a guarantee to the people's court, so that the judgment or ruling cannot be executed;
(3) The obligor for assisting in execution refuses to assist in execution after receiving the notice from the people's court for assisting in execution, which makes the judgment or ruling unenforceable;
(4) The person subjected to execution, the guarantor or the obligor assisting in execution colluded with the functionaries of state organs to obstruct the execution by taking advantage of their functions and powers, so that the judgment or ruling could not be executed;
(five) other circumstances in which the ability to execute is refused, and the circumstances are serious.
Extended data:
Notice of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Seriously Investigating and Punishing Issues Related to Refusing to Execute Judgments and Rulings and Violently Resisting the Court to Execute Crimes.
1. The following acts of refusing to execute a judgment or ruling shall be punished as the crime of refusing to execute a judgment or ruling in accordance with the provisions of Article 313 of the Criminal Law.
(1) The person subjected to execution conceals, transfers, intentionally damages the property or transfers the property at a low price without compensation, which obviously makes the judgment or ruling unenforceable;
(2) The guarantor or the person subjected to execution conceals, transfers, intentionally damages or transfers the property that has provided a guarantee to the people's court, so that the judgment or ruling cannot be executed;
(3) The obligor for assisting in execution refuses to assist in execution after receiving the notice from the people's court for assisting in execution, which makes the judgment or ruling unenforceable;
(4) The person subjected to execution, the guarantor or the obligor assisting in execution colluded with the functionaries of state organs to obstruct the execution by taking advantage of their functions and powers, so that the judgment or ruling could not be executed;
(five) other circumstances in which the ability to execute is refused, and the circumstances are serious.
References:
Baidu Encyclopedia-People's Republic of China (PRC) Criminal Law
Baidu Encyclopedia-Notice of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Seriously Investigating and Punishing Issues Related to Refusing to Execute Judgments and Rulings and Violently Resisting the Court to Execute Crimes.
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