No, it belongs to civil affairs.
1, loans overdue will not constitute a criminal offence.
2. Whether it constitutes a criminal offence and whether you will go to jail depends not only on the time of arrears, but also on the principal amount of arrears;
3. If the amount of principal owed reaches more than 10,000 yuan, and it has not been returned for more than three months after twice collection by the bank, it shall be deemed as a criminal offence, and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention according to law, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan;
4. If the amount is relatively large, and all overdraft interest has been repaid before the public security organ files the case, and the circumstances are obviously minor, criminal responsibility may not be investigated according to law.
Extended data:
Refusal to repay the loan may result in the following penalties:
1. After being sued by the lending institution, he became "Lao Lai". As an "old lai", you won't fly, take the high-speed train or buy your own private car. In addition, the children of "Lao Lai" cannot go to high-fee schools.
2. I am called by the staff of the lending institution every day, and my daily life is seriously disturbed.
Once the loan is not known to others, your reputation will suffer great losses.
Generally speaking, loan users must repay on time. Otherwise, even if you don't bear criminal responsibility, you should bear corresponding civil responsibility.
Isn't lending a crime?
Repaying the loan is not a crime.
If it's just a loan default, it's civil. However, banks will. After winning the case, if the judgment is not fulfilled within the performance period, the bank may apply for compulsory execution. If you have no property to execute and refuse to perform the effective judgment, your personal credit report will contain negative information records such as overdue repayment, restrictions on high consumption, entry and exit, and even judicial detention. According to Article 676 of the Civil Code of People's Republic of China (PRC), if the borrower fails to repay the loan within the agreed time limit, it shall pay the overdue interest in accordance with the agreement or relevant state regulations.
legal ground
Article 676 of the Civil Code of People's Republic of China (PRC) If the borrower fails to repay the loan within the agreed time limit, it shall pay the overdue interest in accordance with the agreement or the relevant provisions of the state.
What is the situation in loans overdue?
According to the regulations of our country, owing money is generally a civil case, and private lending is a very common civil case, but if it involves a criminal offence, it is also a criminal case. If you owe money and don't pay it back, this situation is to go directly instead of reporting it to the public security organ. The first is to get lost.
Legal basis:
Criminal law of the people's Republic of China
Article 577 Where a party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the contract, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
Article 578 Where a party expressly expresses or shows by his own behavior that he will not perform his contractual obligations, the other party may require him to bear the liability for breach of contract before the time limit for performance expires.
Article 579 If one party fails to pay the price, remuneration, rent or interest, or fails to perform other monetary obligations, the other party may demand payment.
Article 580 Where one party fails to perform the non-monetary debt or the performance of the non-monetary debt is not in conformity with the agreement, the other party may request performance, except in any of the following circumstances:
(a) It is legally or practically impossible to perform;
(2) The subject matter of the debt is not suitable for compulsory performance or the cost of performance is too high;
(3) The creditor fails to request performance within a reasonable time limit.
In case of one of the exceptional circumstances specified in the preceding paragraph, the purpose of the contract cannot be achieved, the parties or the arbitration institution may request to terminate the rights and obligations of the contract, but the liability for breach of contract shall not be affected.
Article 581 Where one party fails to perform the debt or the performance is not in conformity with the contract, and the performance cannot be enforced according to the nature of the debt, the other party may request it to bear the expenses to be performed by the third party.
Article 582 Where the performance is not in conformity with the agreement, it shall bear the liability for breach of contract in accordance with the agreement of the parties. If the liability for breach of contract is not stipulated or clearly stipulated and cannot be determined according to the provisions of Article 510 of this Law, the injured party may reasonably choose to require the other party to bear the liability for breach of contract such as repair, rework, replacement, return, price reduction or remuneration according to the nature of the subject matter and the size of the loss.
Article 583 Where one party fails to perform its contractual obligations or fails to comply with the contract, and after performing its obligations or taking remedial measures, the other party still suffers other losses, it shall compensate for the losses.
Article 584 Where a party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the contract, thus causing losses to the other party, the amount of damages shall be equivalent to the losses caused by the breach of the contract, including the benefits that can be obtained after the performance of the contract; However, it shall not exceed the losses that the breaching party foresaw or should have foreseen when concluding the contract.
Is it a crime not to pay the loan in general? Is it a crime not to pay the loan in general?
1. Is it a crime not to pay the loan in general?
1. Generally, non-repayment of loans cannot be regarded as a crime.
If it's just a loan default, it's civil. However, banks will. After winning the case, if the judgment is not fulfilled within the performance period, the bank may apply for compulsory execution. If you have no property to execute and refuse to perform the effective judgment, your personal credit report will contain negative information records such as overdue repayment, restrictions on high consumption, entry and exit, and even judicial detention.
2. Elements of crime
(1) Cheating
The content of deception is to make the other party have a wrong understanding and make the property disposition that the actor hopes. In real life, there are various means of deception in crime, including verbal deception and literal deception.
(2) make the other party have a wrong understanding
Deception must make the other party have or continue to maintain a wrong understanding, even if the deceived person has some mistakes in judgment, it does not prevent the establishment of deception. It should be noted that misunderstanding must be a misunderstanding of disposing of property.
(3) Make the other party dispose of the property based on wrong understanding.
The concrete manifestations of disposing of property usually include direct delivery of property, commitment to the actor to obtain property, commitment to transfer property interests, commitment to forgive the actor's debts, etc. If the actor commits deception and makes others give up their property, and the actor picks up the property, it should also be considered a crime.
(4) The actor or the third party obtains property.
After defrauding the other party to dispose of the property, the actor or the third party obtains the property. Obtaining property includes two situations: first, the increase of positive property, such as transferring the victim's property to the actor or a third person, or obtaining property interests such as creditor's rights; The second is the reduction of negative property, such as making the other party exempt or reduce the debts of the actor or the third party.
(5) The victim suffered property losses.
The criminal law of our country requires that the accomplished crime is that the deception leads to the victim's property loss or is in imminent danger of property loss. Victims include not only natural persons, but also units and countries. For example, it is a crime to defraud social security benefits such as pension, medical care, work injury, unemployment and maternity by fraud, forged certification materials or other means.
Second, what are the main forms?
The main forms are acquaintance borrowing relationship and intermediary borrowing name.
1, acquaintances borrow relationships
Such swindlers often pretend to be swindlers, or pretend to be fellow villagers or friends. Victims often have to "give in easily" because of face or brotherhood. What's more, they regard other people's search as an honor, "I'd rather believe what they have than what they have", and then "give generously".
2. Intermediary in the name of intermediary.
At present, such cases are on the rise. This kind of swindler takes advantage of students' eagerness to find a good tutor, and makes a lot of money by using students as their own labor force in the name of recruitment points and tutor intermediaries.
3. Special status
Most of these swindlers are in the name of "capable people", such as lying that they are directors, public security personnel, doctors and so on. And said that he is "fully capable" of solving difficult things such as finding a job. This method is relatively simple and easy to see through.
4. Small profits win the trust with small profits.
This kind of liar is very cunning, so he takes the method of "playing hard to get", first honouring the benefits of his promise, making you feel that what this person has done is credible, and then giving you a heavy blow after gaining your trust, so that you will suffer huge losses in absolute trust and unconsciously. This kind of plan is careful, difficult to find and harmful.
In real life, many people will encounter situations where they need to borrow money from others or financial institutions such as banks. Whether borrowing or lending, you need to repay on time. If the repayment cannot be made, both parties may fall into civil litigation. Of course, the party who defaults or fails to repay the loan may also be suspected of committing a crime.
What crime will a borrower commit when he borrows money online?
Borrowers borrow money through peer-to-peer lending, which is not private lending, nor a crime, and will not constitute a crime. If it is for the purpose of illegal possession, it uses fraudulent means to borrow money from online loans and fails to pay it back afterwards. It is suspected of a loan crime and shall be investigated for criminal responsibility according to law.
legal ground
Article 193 of the criminal law
Under any of the following circumstances, if a large amount of loans are issued to banks or other financial institutions for the purpose of illegal possession, they shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and 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, fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
(a) fabricating false reasons such as introducing funds and projects;
(two) the use of false economic contracts;
(3) using false documents;
(four) the use of false proof of property rights as a guarantee or repeated guarantee beyond the value of collateral;
(5) Loans in other ways.
Isn't borrowing money still a crime?
If you borrow money, you won't be convicted. Borrowing money is not a civil debt, and it is not a criminal case. This is the most basic legal knowledge.
Failure to repay the loan does not constitute a crime. Belongs to the civil, generally need to bear the responsibility for breach of contract. The constitutive elements of crime are: the object is the ownership of public and private property; The subject is a natural person with corresponding criminal responsibility ability; Subjectively, it is direct and intentional, with the purpose of illegally occupying public and private property; Objectively speaking, the actor uses public and private property on the internet, causing damage to others, with a large amount.
Legal basis:
Article 14 of the Criminal Law
Knowing that one's actions will have harmful consequences to society, and hoping or letting such consequences happen, which constitutes a crime, is intentional crime.
Whoever intentionally commits a crime shall bear criminal responsibility.
Article 266
Public or private property, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and shall also or 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 and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.
It is generally useless to call the police if you owe money. Because it is a loan relationship, it belongs to civil affairs and does not belong to the jurisdiction of public security organs. If the police call the police, the police will only mediate. If you don't pay back the money, the creditor can solve it through consultation and litigation.
Legal basis:
Article 126 of the Civil Procedure Law
The rights enjoyed by the parties according to law should be guaranteed. Those that conform to Article 119 of this Law must be accepted. Those who meet the requirements shall file a case within seven days and notify the parties concerned; Do not meet the conditions, it shall make a ruling within seven days, will not be accepted; If the plaintiff refuses to accept the ruling, he can appeal.
It's no use if you don't return the money to the police. For the debt alarm, the police will mediate at most and will not file a case, which will not help solve the problem. If you don't repay, you can entrust a lawyer to send a lawyer's letter to the other party. A lawyer's letter can serve as a reminder and warning to the debtor. Or it can be solved directly.
Legal basis: Article 675 of the Civil Code states that the borrower shall repay the loan within the agreed time limit. If the loan term is not agreed or clearly agreed, and cannot be determined according to Article 5 10 of this Law, the borrower may return it at any time; The lender may urge the borrower to return it within a reasonable period of time.