Under normal circumstances, the arrears are not civil disputes and there is no criminal risk. However, if the following conditions are met, criminal responsibility is required:
1. The court has made a civil effective judgment to determine the repayment obligation. If the borrower has the ability to borrow for a long time and refuses to perform the repayment obligation, he is suspected of refusing to execute the judgment or ruling, and shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or fine according to law; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
2. Malicious overdraft of 600,000 credit cards, which is not returned for more than three months after being effectively collected by the issuing bank twice, constitutes the crime of credit card fraud, and the amount is huge. According to the law, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan.
3. If you don't intend to repay the loan, and deceive others to lend 600,000 yuan by concealing the fact that you don't repay it, it is suspected of fraud, and the amount is extremely huge. He shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or his property confiscated.
Legal basis:
Article 196 of the Criminal Law commits the crime of credit card fraud under any of the following circumstances, and if the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;
(2) Using an invalid credit card;
(3) Fraudulent use of another person's credit card;
(4) malicious overdraft.
The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank.
Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
Article 266 Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.
Article 313 Whoever refuses to execute a judgment or written order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
Second, the latest legislative content of non-repayment of debts.
Article 577 of the Civil Code: If a party fails to perform its contractual obligations or fails to meet the contract obligations, it shall bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. Article 578
If one of the parties expressly expresses or shows by his own behavior that he will not perform the contractual obligations, the other party may require him to bear the liability for breach of contract before the expiration of the performance period.
(1) Seal up and freeze the debtor's Alipay account.
The funds in online virtual trading accounts such as Alipay, mobile payment and WeChat payment also belong to the property that the executed person can be executed by the court.
(2) Freezing and deducting Lao Lai's property online.
People's courts and financial institutions will send electronic legal documents through the Internet, and receive the result data and electronic receipt of inquiries, freezing, deduction and disposal by financial institutions. In the future, the executive judge can inquire, freeze and deduct the financial property of the executed person in more than 4,000 banking financial institutions across the country with a click of the mouse.
(3) The debtor list is synchronized with the network platform, and online shopping is limited.
The Supreme People's Court signed a memorandum of cooperation with an Internet credit reporting agency to punish those who broke their promises. Together with the application platforms such as Taobao, Tmall, and Car Company, in the scenarios of consumer finance, microfinance, credit cards, P2P, hotels, renting houses, car rentals, etc., we will comprehensively restrict those who are untrustworthy through channels such as the Internet.
(4) Those who are unable to pay off their debts shall not be employed as bosses, directors, supervisors or senior managers.
20 15- 12 Any natural person (Lao Lai) who refuses to repay all or part of the debts due as judged by people's courts at all levels in China will be punished by credit, and shall not be the legal representative, director, supervisor or senior manager of any company nationwide.
(5) Vehicles that can't get on the expressway under the name of "Lao Lai" will also be restricted, and access to the expressway toll station will be suspended.
(six) to prevent land, sea and air travel.
Can't buy a plane ticket; Trains can't buy soft sleepers, and ships can't buy second-class cabins; Can't take the first-class seat of high-speed rail and bullet train; You can't buy a private car instead of walking, and all kinds of land, water and air travel are blocked!
(7) High consumption is prohibited and can no longer be willful.
The debtor cannot spend at will in hotels, hotels, nightclubs, golf courses and other places above the star level; Want to buy a house, decorate the house is not allowed; Want to travel, want to vacation, can't; If you want to apply for a credit card and loan from the bank, it is difficult to pass the examination and approval!
(8) The debtor's children are not allowed to attend key private schools.
I would like to ask about the fees charged by criminal lawyers, but what matters should criminal lawyers pay attention to? Please read on.
Three. Matters needing attention in hiring a lawyer
(1) If a criminal suspect or defendant in a criminal case involves several charges or criminal facts at the same time, they may be prosecuted one by one according to the charges or criminal facts involved.
If the civil litigation part of the criminal incidental civil litigation case falls within the scope of government guidance price, it shall be charged according to the standard of civil litigation case; If it falls within the market-regulated price range, it shall be determined by the law firm through consultation with the client.
(two) civil and administrative litigation cases involving both property relations and non-property relations, can be calculated and charged according to the higher. A counterclaim case may be determined by the law firm and the client through consultation according to the charging standard of this case.
(3) Acting as an agent in all kinds of litigation cases, in accordance with the standards of first instance.
(four) major, difficult and complicated litigation cases can be determined within 5 times (including 5 times) of the prescribed standards after consultation between the law firm and the client.
(5) Unless otherwise specified, the above charging standards refer to the charging standards in the first instance of litigation cases.
If a case is independently represented in the second instance, death penalty review, retrial and execution, the charging standard at the first instance stage shall be implemented. If it represents the previous stage, it will be charged by half from the latter stage.