Gitzo Company failed to repay the loan of 20,000 yuan, and has now issued a notice of filing a case. Will you really go to jail?

The loan relationship is a civil relationship, and it is also a civil dispute to be sued for not repaying the loan. There will be no criminal responsibility and no sentence.

1, the Supreme People's Court's Opinions on Intensifying the Efforts to Evade the Execution of Criminal Punishment, which aims at refusing to execute judgments and rulings and engaging in criminal activities. The main collection is malicious non-repayment of debts and refusal to execute the compulsory judgment of the court.

2. If you cheat a loan by providing false information or false materials during the loan process, you should bear criminal responsibility. Criminal Law Amendment (VI) adds new charges. Article 175 of the Criminal Law, "Obtaining loans, bill acceptance, letters of credit, guarantees, etc. Deceiving funds from banks or other financial institutions by fraudulent means, causing heavy losses to banks or other financial institutions or other serious circumstances,

Be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined; Whoever causes particularly heavy losses to banks or other financial institutions or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. "

Extended data:

According to the relevant provisions of the second part of the Criminal Procedure Law of People's Republic of China (PRC), filing a criminal case, as a symbol of the beginning of criminal proceedings, is a legal stage that every criminal case must go through, and it is a kind of authority entrusted by law to public security organs, state security organs, people's procuratorates and people's courts, and no other unit or individual has the right to file a case.

Its function is to expose and punish crimes accurately and timely, and to protect citizens' legitimate rights and interests from infringement. It is an important basis for accurately evaluating the social security situation and making correct decisions.

Its materials come from criminal facts discovered by public security organs or people's procuratorates or criminal clues obtained; Units and individuals report or report; Reports or complaints from victims; The surrender of criminals. Only when a criminal fact occurs and the perpetrator needs to be investigated for criminal responsibility according to law, it is necessary and a case should be filed.

Concept and significance

The concept of criminal filing

The filing of criminal proceedings refers to the litigation activities in which the public security organs and people's procuratorates discover criminal facts or criminal suspects, or the public security organs, people's procuratorates and people's courts review the materials of accusation, accusation, report, surrender and prosecution of private prosecutors, and decide to investigate or try criminal cases according to their respective jurisdictions.

As a symbol of the beginning of criminal proceedings, filing a case is a legal stage that every criminal case must go through. At the same time, this litigation stage has relative independence and specific litigation tasks. In short, it is to decide whether to initiate criminal proceedings. As an independent litigation stage, filing a case has the following characteristics:

(a) filing a case is the initial procedure of criminal proceedings.

Filing a case, investigation, prosecution, trial and execution are five common litigation procedures established by the Criminal Procedure Law. In criminal proceedings, the public security and judicial organs must strictly follow legal procedures and cannot go beyond or reverse any litigation stage at will.

Only after the task of the previous litigation stage is completed can the next litigation activity be carried out. Only in this way can the principle of procedural legality be truly implemented. The procedure of filing a case is the beginning of the whole criminal procedure.

(2) Filing a case is a necessary procedure in criminal proceedings.

According to the principle of legal procedure, the public security and judicial organs must carry out criminal proceedings in strict accordance with legal procedures, and cannot go beyond or reverse any litigation stage at will. Only in this way can the public security and judicial organs handle criminal cases accurately, timely and effectively, and ensure the realization of the tasks and objectives of criminal proceedings.

However, due to the different specific circumstances of criminal cases, not every criminal case has to go through five stages of litigation. For example, a case of private prosecution does not need to go through the investigation stage, and the victim directly files a lawsuit with the people's court; In other cases, after the people's procuratorate makes a decision not to prosecute, it will be terminated without trial and execution procedures;

In some public prosecution cases, if the circumstances of the crime are minor, there is no need to be sentenced to punishment or exempted from punishment according to law. In the stage of examination and prosecution, the people's procuratorate can make a decision not to prosecute, thus ending the proceedings that have already begun.

However, any criminal case that enters the criminal proceedings must go through the filing stage. Only after filing a case can other litigation stages be carried out in turn, and the investigation, prosecution and trial activities of public security and judicial organs have legal basis and legal effect. Therefore, the filing procedure is a necessary procedure in criminal proceedings.

References:

Baidu encyclopedia-criminal filing