Can't the courts arrest old criminals during the epidemic? What should I do?

It’s not impossible, it’s just more troublesome.

It is very difficult for the person applying for execution to want the court to detain the person subject to execution!

On the one hand, the court actually does not want to do this. For most people, this is work. If you have property, execute it. If there is no property, then this execution procedure will be terminated. Of course, this can also be done with the person being executed for dishonesty and restricting high consumption. After all, it’s all done on the system. On the other hand, find the person to be executed. This is also a problem. In reality, most persons subject to execution are not answering the phone or cannot be contacted, and they do not know where they are. How can one be detained in a situation like this when no one is around? Therefore, sometimes the courts are very simple, you go find someone and then talk about it. How to find someone to apply for executor may be difficult to implement.

Therefore, in reality, there are still a small number of people detained for execution. Not to mention during the epidemic, even in normal times, the courts are not willing to arrest old criminals. Now that we are in the midst of an epidemic, it is even more impossible. Not to mention judicial detention in courts, which is public security detention, or even criminal detention, many public security agencies don't really want to do it. So it's not that it can't be caught, it's just more troublesome. Let's put it this way, no one wants to do troublesome things. It is indeed difficult to implement this work during the epidemic. The court is unwilling to do it, or it is difficult to do it due to objective reasons. There is really nothing that can be done about it. Of course, as a party, you can submit an application, raise objections to the court's enforcement actions (actions or omissions), make petitions and appeals, etc. Doing these things by yourself is also very frustrating.

I hope that the country will allocate half of its anti-gang and evil forces to attack Lao Lai. Hiding property is a real crime. Refusing to execute legal documents is a real evil. Lao Lai is an authentic gang member. Must be severely punished!

You can do whatever you want to do with those who have money but don’t pay back. Is it useful to catch those who owe money, have no money or property? You must give them space and time to earn money and repay their debts. This is a win-win situation

Whether we catch the bad guys or not has little to do with the epidemic. The question is how to distinguish the malicious bad guys from the helpless bad guys among the tens of millions of them? Everyone can put themselves in someone else's shoes. No one's money or property comes from the strong wind. No matter what the reason is, if you owe a debt, you have to face the reality. The court must take coercive measures against those old people who try every means to evade execution, whether it is Not during an epidemic, scammers and evildoers cannot be allowed to go unpunished, but persons subject to execution who are impoverished due to business can be treated differently.

The first is the epidemic; the second is that judicial detention is not commonly used. Laolai, also known as dishonest persons subject to execution, generally refers to those who refuse to implement the effective judgments and rulings of the court and are included in the list of dishonest persons subject to execution.

1. For these people, the court will first seal up, seize, and freeze the property in their names that can be executed, and then restrict their high consumption, and jointly impose credit penalties on them with other departments to make them unable to travel daily. Restricted. If Laolai intentionally transfers or conceals property, the court has the right to issue a search warrant to search Laolai's person, residence and property hiding place in accordance with the law.

2. According to Article 111 of the "Civil Procedure Law", when a Lao Lai refuses to fulfill the legally effective judgment or ruling of the court, the court may impose a fine or fine based on the seriousness of the case. detention. So under what circumstances may the court apply judicial detention to a Lao Lai? For example, “Those who have the ability to perform effective judgments but refuse to do so”, “Those who hinder execution by means of violence, coercion, etc.”, “Those who violate height restriction orders”, etc.

3. If the lao lai is simply unable to fulfill the effective judgment and does not have the above behaviors, the court will generally not detain him. After all, judicial detention will increase the burden on the court and is not conducive to the old man's ability to repay his debts as soon as possible. Especially during the epidemic, taking into account the epidemic prevention and control issues, the court may be more cautious in applying judicial detention.

4. When a creditor encounters a debtor, he should pay close attention to his property status and apply to the court for resumption of enforcement at any time if other property is discovered. If Laolai transfers property illegally and avoids execution, the creditor has the right to apply to cancel his "low-price transfer" or "free gift".

(For reference only, picture source network, infringement and deletion)

During the epidemic, the court can still arrest the old criminals as usual.

It can be seen from the recent news that the court has been doing some special activities to execute Lao Lai.

Now that the court has caught a criminal during the epidemic, what should we do?

Everyone knows that the court, the Public Security Bureau, and the Procuratorate are three separate courts. After the court bailiffs arrest someone, they must send them to the detention center. During this process, they must complete some epidemic prevention procedures.

After the court arrests Lao Lai through the bailiff, generally he can only be detained for 15 days. He still has to come out after 15 days. As for you, what you want is money, not that you have to lock him up for 15 days. It doesn't make any sense.

During the epidemic, the court must first conduct a nucleic acid test after arresting a person. If the nucleic acid test is negative, you can be sent to the detention center.

During the current epidemic, the court is trying to reduce this risk as much as possible, so it has a restriction on enforcement. That is to try to restrict the old people through online freezing and restricting high consumption, and to detain as little wages as possible.

In fact, during the epidemic, our court has restricted high consumption and frozen deposits for your respondent. After using these methods, if it still doesn't work.

It is recommended that you wait. After the epidemic is over, you can also ask the Executive Directorate to detain him compulsorily.

During the epidemic, epidemic prevention is the main priority, so we suggest you wait a little.

I definitely won’t catch them, especially women.

During the epidemic, the detention centers did not take illegal perpetrators into custody. Wouldn’t this make Lao Lai more emboldened? As a typical crowded place, detention centers require a scientific and rigorous work system to prevent and control the epidemic, rather than simply and crudely not detaining people.

In the area where Sir Wang is located, the police at supervision sites implemented a 15+15 work system during the epidemic. Correctional officers are quarantined in the facility for 15 days and then enter the prison area to work for 15 days. You are not allowed to go home during these 30 days and the in-house quarantine system is implemented.

Detaining illegal actors requires not only normal legal documents and physical examination reports, but also a description of the illegal actors’ activities within 30 days and a nucleic acid test report.

Through institutional constraints, the supervision site has minimized the risk of detainees being infected with the epidemic. For case-handling units, it is true that sending illegal perpetrators to detention requires more procedures than usual, but this does not mean that detention measures cannot be implemented.

1. Having the ability but failing to perform. If the person subject to execution is indeed capable of performing but refuses to perform the effective judgment of the court, detention measures may be taken against the person subject to execution.

2. Failure to cooperate with the court in reporting property status. If the person subject to execution fails to report or truthfully reports his or her personal property after being notified by the court, detention measures may be taken against the person subject to execution.

3. Obstruction of court execution. If the person subject to execution uses violence or other means to hinder the execution of official duties by the court execution personnel, detention measures may be taken against the person subject to execution.

4. Retaliating against executive officers. If the person subject to execution insults, slanders or retaliates against the execution personnel, detention measures may be taken against the person subject to execution.

5. Transferring, damaging or destroying seized property. If the person subject to execution uses concealment, transfer, destruction or other means to evade legal obligations, detention measures may be taken against the person subject to execution.

To summarize in the simplest sentence: After being summoned by the court many times, if the person subject to execution still refuses to perform his legal obligations through various means, he can apply to the court to take judicial detention measures against the person subject to execution.

In 2018, the Zhangping Court made a judgment on the financial contract dispute between Zhangping Commercial Bank and the defendant Zhang, and sentenced the defendant Zhang to bear the responsibility for repaying a debt of 190,000 yuan.

The defendant Zhang failed to perform his debt repayment obligations within the time specified in the judgment, and the plaintiff Zhangping Commercial Bank applied for compulsory execution. The Zhangping People's Court issued an execution notice and property declaration order to Zhang in accordance with the law, ordering Zhang to perform his legal obligations.

After the judgment came into effect, Zhang sold the property under his name to others for 330,000 yuan. After receiving the house sale money, Zhang still failed to fulfill his legal obligations.

In view of Zhang’s refusal to enforce the law, the Zhangping Court handed over clues about Zhang’s refusal to enforce the law to the public security organs for investigation. Under pressure, Zhang took the initiative to pay off a debt of 190,000 yuan, but it was too late. After trial by the court, Zhang was found guilty of refusing to execute the judgment and ruling and was sentenced to one year in prison, suspended for one year and six months.

Private chats about the epidemic will not be accepted!

During the epidemic prevention and control period, detention is allowed. In addition to the routine physical examination procedures in normal times, multiple procedures such as nucleic acid test reports provided by the hospital department, trajectory records for the past three months and trajectory records for the past week provided by the public security department, and itinerary inquiry records provided by the public security department are also required. . In addition, you need to contact the detention center in advance to see if there are available berths and whether the time to send someone into custody is suitable.

According to the level of epidemic prevention and control, policies in various places are not completely consistent. The above is based on a comprehensive compilation of external information published in low-risk areas. For specific procedures, you still need to contact the local court and pay attention to timely communication with the judge.

I have interacted with many people, and my understanding of detention is relatively simple. If the debtor is caught, he can be sent directly to a detention center in the next second.

First of all, to catch the debtor, it is still necessary to explain the legal consequences of refusing to execute effective legal documents. First check to see if you have the attitude and willingness to repay, if you refuse to cooperate. Then, more than three execution judges will meet to discuss how long to detain the person, whether to impose a fine, and the amount of the fine, and then submit it to the president for approval.

Secondly, multiple bailiffs will take debtors to the hospital for physical examination and nucleic acid testing. General medical examinations including urine tests, electrocardiograms, and blood tests are relatively fast, but nucleic acid tests generally require patience and take at least half a day. time.

Finally, the bailiff will take the debtor to the police station to collect biometric information, trip records, etc. Because the comrades of the police have very heavy tasks, they still have to wait patiently for the procedures.

If a debtor is found to refuse to fulfill an effective judgment, he or she must report it to the executing judge in advance. The execution judge needs to make overall arrangements, and some procedures can be prepared in advance. Then the arrest the next day will go smoothly and the connection between various units will be smoother.