What is the crime of violent debt collection?

According to the newly revised Criminal Law Amendment (XI), violent debt collection may constitute the crime of illegal debt collection. Under any of the following circumstances, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined: (1) using violence or coercion; (2) restricting the personal freedom of others or intruding into others' houses; (3) Threatening, stalking or harassing others.

Previously, in judicial practice, the collection of illegal debts was often accompanied by stalking, hurting, restricting personal freedom and destroying property. , may touch on intentional injury, illegal detention, trouble and other charges. However, only those who cause serious consequences in gathering people will be convicted and investigated for criminal responsibility. At the same time, it is controversial in practice to regulate such behavior by the crime of stirring up trouble. This time, the illegal debt collection by means of "violence" or "soft violence" is defined as the crime of illegal debt collection, which fills the legislative gap of usury and even the rectification of financial order.

First, the constitutive elements of the crime of illegal debt collection:

1. Subjectively, the actor is collecting debts illegally.

2. Violence or soft violence has been objectively implemented.

3. The collection must be illegal debt.

4. The collection behavior must reach the degree of "serious circumstances".

Second, there are several ways to collect debts without litigation.

1, telephone reminder

2. Written reminder (including fax)

3, face-to-face collection

4. Ask for confirmation letter and written payment plan.

Legal basis: People's Republic of China (PRC) Criminal Law.

Article 293 Whoever commits one of the following acts of provoking troubles and disrupting social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance:

(a) beating others at will, and the circumstances are bad;

(two) chasing, intercepting, insulting or intimidating others, and the circumstances are bad;

(three) extortion or arbitrary damage, occupation of public or private property, if the circumstances are serious;

(4) Causing serious disorder in public places.

Whoever gathers people for many times to commit the acts mentioned in the preceding paragraph and seriously undermines social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and may also be fined.

Article 293- 1 In any of the following circumstances, it is the collection of illegal debts such as high-interest loans. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined:

(1) Using violence or coercion;

(2) restricting the personal freedom of others or intruding into others' houses;

(3) Threatening, stalking or harassing others.