I owe CMA 15000 now. They want me to pay it back. I have no money to pay back now. Will I go to jail? They asked me to pay it back.

If there is really no money to pay back, I won't go to jail.

Article 92 of the Criminal Procedure Law: A criminal suspect who does not need to be arrested may go to the designated place of the city or county where the criminal suspect is located or to his residence for interrogation, but he shall produce the documents of the people's procuratorate or the public security organ. The maximum period of summons shall not exceed 12 hours. The criminal suspect shall not be detained in disguised form by means of continuous summons or compulsory summons.

1. The object of criminal summons is a criminal suspect who does not need to be arrested or detained. Interrogation transcripts must be used after summoning, and interrogation transcripts cannot be used. Criminal summons cannot be applied to witnesses or those who are not clear criminal suspects.

2. Criminal summoning cannot be carried out in different places. However, the city and county where the criminal suspect is located refers to his domicile and habitual residence.

First, the loan dispute is only a civil dispute, and it will not be suspected of criminal responsibility, let alone imprisonment (unless it is suspected of fraud);

Second, if you are suspected of criminal responsibility, such as fraud, then criminal responsibility and civil liability are not the same thing, and you can't escape civil liability after you bear the punishment;

Third, there will be no more punishment for one thing. Those who bear corresponding criminal responsibilities cannot be punished again for the same thing.

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Civil liability for compensation: Civil liability for compensation is the legal consequence that the actor should bear if he violates the civil rights of others. This kind of legal consequence is stipulated by national laws and enforced. The purpose of stipulating civil liability is to restore and remedy the rights damage and property loss that have been caused. Civil liability for compensation arises from the violation of civil obligations.

However, civil liability is different from civil obligation, which stipulates what the obligor should or should not do and is not punitive, while civil liability is the legal consequence that should be borne by violating the obligation and is punitive; Civil obligations arise from legal provisions or agreements between the two parties, and civil liability can only arise from illegal acts that violate obligations. According to the causes of liability, civil liability can be divided into breach of contract liability and tort liability.

Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases

Article 1 The term "private lending" as mentioned in these Provisions refers to the financing behavior among natural persons, legal persons and other organizations and among them.

These provisions shall not apply to financial institutions and their branches engaged in loan business established with the approval of the financial supervision department, as well as disputes arising from loans and other related financial businesses.

Article 2 When a lender brings a lawsuit to a people's court, it shall provide such creditor's rights certificates as IOUs, receipts, IOUs and other evidence that can prove the existence of the legal relationship between lending and borrowing.

If the creditor's rights certificate such as IOUs, receipts and IOUs held by the parties does not specify the creditor, and the party holding the creditor's rights certificate brings a private lending lawsuit, the people's court shall accept it. The defendant raised a factual defense against the plaintiff's creditor qualification. If the people's court considers that the plaintiff is not qualified as a creditor after trial, it shall rule to dismiss the prosecution.

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Where the borrower and the lender have not agreed or clearly agreed on the place of performance of the contract, and no supplementary agreement has been reached afterwards, and it is still uncertain according to the relevant provisions of the contract or trading habits, the place of performance of the contract is the location of the payee.

Article 4 Where the guarantor provides joint liability guarantee for the borrower and the lender only sues the borrower, the people's court may not add the guarantor as a co-defendant; If the lender only sues the guarantor, the people's court may add the borrower as a co-defendant.

Where the guarantor provides a general guarantee for the borrower and the lender only sues the guarantor, the people's court shall add the borrower as a co-defendant; If the lender only sues the borrower, the people's court may not add a guarantor as a co-defendant.

Article 5 After placing a case on file, if the people's court finds that private lending itself is suspected of illegal fund-raising, it shall rule to dismiss the prosecution and transfer the clues and materials suspected of illegal fund-raising to the public security or procuratorial organs.

If the public security and procuratorial organs refuse to file a case, or the case is dismissed after investigation, or the procuratorial organs make a decision not to prosecute, or the effective judgment of the people's court finds that it does not constitute the crime of illegal fund-raising, the people's court shall accept the case.

Article 6 If a people's court finds clues and materials related to a private lending dispute case but different from the facts, it shall continue to try the private lending dispute case and transfer the clues and materials suspected of illegal fund-raising to the public security or procuratorial organs.

Article 7 The basic facts of a private lending case must be based on the trial results of a criminal case. If the criminal case has not been concluded, the people's court shall make a ruling to suspend the proceedings.

Article 8 If the borrower is suspected of committing a crime or is found guilty by an effective judgment, and the lender sues the guarantor for civil liability, the people's court shall accept it.

Article 19 If a people's court finds any of the following circumstances in the trial of a private loan dispute case, it shall strictly examine the facts such as the reason, time, place, source of funds, mode of delivery, flow of funds, relationship between borrowers and borrowers, economic situation, etc., and comprehensively judge whether it is a false civil lawsuit:

(a) the lender obviously does not have the ability to lend;

(2) The facts and reasons brought by the lender are obviously unreasonable;

(3) The lender is unable to submit the creditor's rights certificate or the creditor's rights certificate submitted may be forged;

(four) both parties have participated in private lending litigation for many times within a certain period of time;

(5) One or both parties refused to appear in court to participate in the litigation without justifiable reasons, and the entrusted agent made unclear or inconsistent statements on the loan facts;

(six) the parties have no dispute about the occurrence of the loan fact or the defense is obviously unreasonable;

(seven) the borrower's spouse or partner, other creditors outside the case raised factual objections;

(8) Other parties to the dispute transfer property at a low price;

(nine) the parties give up their rights improperly;

(10) Other circumstances in which there may be false private lending litigation.

Article 20 If the plaintiff applies to withdraw the lawsuit that is deemed to be a false private lending lawsuit, the people's court shall not allow it, and shall make a judgment rejecting his request in accordance with the provisions of Article 112 of the Civil Procedure Law.

If a litigant participant or any other person maliciously creates or participates in false litigation, the people's court shall, in accordance with the provisions of Articles 111, 112 and 113 of the Civil Procedure Law, impose fines and detention according to law; If the case constitutes a crime, it shall be transferred to a judicial organ with jurisdiction for criminal responsibility.

If a unit maliciously manufactures or participates in false litigation, the people's court shall impose a fine on the unit, and may impose a fine or detention on its principal responsible person or the person directly responsible; If the case constitutes a crime, it shall be transferred to a judicial organ with jurisdiction for criminal responsibility.

Article 21 If another person signs or seals the creditor's rights certificate or loan contract, such as IOUs, receipts and IOUs, but fails to show that he is the guarantor or assumes the guarantee responsibility, or cannot be presumed as the guarantor through other facts, and the lender requests him to assume the guarantee responsibility, the people's court will not support it.

Article 22 Lenders and borrowers form a lending relationship through the online lending platform. The online lending platform provider only provides media services, and the people's court will not support it if the parties request it to assume the guarantee responsibility.

The people's court shall support the online loan platform provider who expressly provides a guarantee for the loan through websites, advertisements and other media or has other evidence to prove that the lender requests the online loan platform provider to assume the guarantee responsibility. ?

References:

Baidu Encyclopedia/the Supreme People's Court's Issues on Applicable Law in the Trial of Private Lending Cases