I owe Gitzo a loan. Now he's suing me. Will I be sentenced if I go to court?

Whether you will go to jail or not depends on the actual situation of the case.

According to the General Principles of Civil Law of People's Republic of China (PRC) and Article 90 of the General Principles of Civil Law, legal loan relationship is protected by law. ?

According to Article 106 of the General Principles of Civil Law of People's Republic of China (PRC), citizens and legal persons who violate contracts or fail to perform other obligations shall bear civil liability. Citizens and legal persons who infringe upon the property of the state or the collective or the property or person of others due to their faults shall bear civil liability. If there is no fault, but the law stipulates that it should bear civil liability, it should bear civil liability.

According to Article 108 of the General Principles of Civil Law of People's Republic of China (PRC), the debts shall be paid off. If it is temporarily unable to repay, it may be repaid by the debtor in installments with the consent of the creditor or the ruling of the people's court. Those who have the ability to repay and refuse to repay shall be forced to repay by the people's court. ?

Referring to Article 134 of the General Principles of Civil Law of People's Republic of China (PRC), the ways to bear civil liability mainly include:

(1) Stop the infringement;

(2) remove obstacles;

(3) eliminating danger;

(4) returning property;

(5) restitution;

(six) repair, rework and replacement;

(7) Compensation for losses;

(8) Paying liquidated damages;

(9) Eliminating the influence and restoring the reputation;

(10) Apologize.

The above ways of bearing civil liability can be applied separately or in combination. In trying civil cases, the people's courts may, in addition to applying the above provisions, admonish them, order them to make a statement of repentance, confiscate their illegal income and property, and may impose fines and detention according to law.

According to Article 115 of the Civil Procedure Law of People's Republic of China (PRC), the amount of fines imposed on individuals is less than RMB 100,000. The amount of fines imposed on the unit is more than 50,000 yuan1000,000 yuan. The period of detention shall not exceed fifteen days. Detainees are handed over by the people's courts to the public security organs for custody. During the period of detention, if the detainee admits and corrects his mistake, the people's court may decide to terminate the detention in advance.

Refer to Article 193 of the Criminal Law of People's Republic of China (PRC) for the crime of loan fraud: under any of the following circumstances, whoever defrauds a bank or other financial institution of loans for the purpose of illegal possession, if the amount is relatively large, 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) 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) obtaining loans by other means.

Referring to Article 313 of the Criminal Law of People's Republic of China (PRC), the crime of refusing to execute the judgment or ruling: refusing 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 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.

Extended data

According to Article 110 of the Civil Procedure Law of People's Republic of China (PRC), participants in the proceedings and others shall abide by the rules of the court. The people's court may admonish, order to leave, fine or detain those who violate the rules of the court. The people's court shall investigate criminal responsibility for disturbing the court, assaulting the court, insulting, slandering, threatening or beating the judge, and seriously disturbing the court order; If the circumstances are minor, they shall also be fined and detained.

According to Article 111th of the Civil Procedure Law of People's Republic of China (PRC), if a party or other person commits one of the following acts, the people's court may impose a fine or detention according to the seriousness of the case; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) Forging or destroying important evidence, which hinders the people's court from hearing a case;

(2) using violence, threats or bribes to prevent witnesses from testifying or instigating, bribing or coercing others to commit perjury;

(3) Hiding, transferring, selling off or destroying the property that has been sealed up or detained, or transferring the property that has been counted and ordered to be kept;

(4) Insulting, slandering, framing, beating or retaliating against judicial personnel, participants in litigation, witnesses, translators, expert witnesses, inspectors and assisting executors;

(5) Obstructing judicial personnel from performing their duties by violence, threat or other means;

(6) Refusing to perform a legally effective judgment or ruling of the people's court.

The people's court may impose a fine or detention on a unit that commits one of the acts listed in the preceding paragraph; If a crime is constituted, criminal responsibility shall be investigated according to law.

According to Article 112 of the Civil Procedure Law of People's Republic of China (PRC), if the parties collude maliciously and attempt to infringe upon the legitimate rights and interests of others through litigation or mediation, the people's court shall reject their request and impose fines and detention according to the seriousness of the case; If a crime is constituted, criminal responsibility shall be investigated according to law.

According to the provisions of Article 113 of the Civil Procedure Law of People's Republic of China (PRC), if the person subjected to execution maliciously colludes with others and evades the performance of the obligations specified in legal documents through litigation, arbitration or mediation, the people's court shall impose fines and detention according to the seriousness of the case; If a crime is constituted, criminal responsibility shall be investigated according to law.

According to Article 224 of the Civil Procedure Law of People's Republic of China (PRC), legally effective civil judgments and rulings, as well as the property part of criminal judgments and rulings, shall be executed by the people's court of first instance or the people's court of the place where the property is executed at the same level as the people's court of first instance.

Other legal documents stipulated by law to be executed by the people's court shall be executed by the people's court in the place where the person subjected to execution has his domicile or where the property subjected to execution is located.

China People's Congress Network-General Principles of People's Republic of China (PRC) Civil Law

China People's Congress Network-People's Republic of China (PRC) Civil Procedure Law

Xishuangbanna Public Security Bureau-People's Republic of China (PRC) and China Criminal Law