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Failure to repay debts is a civil dispute. If you file a lawsuit in court, you will not be sentenced, but the People's Court will decide to repay the debt within a time limit. The prerequisite for sentencing is that a criminal offense is constituted, and general debt disputes, no matter how large the amount, are only civil disputes and will not cause the debtor to bear criminal liability. The following situations may be involved in criminal offenses:
1. It depends on the reason for the formation of the debt. If the debtor formed the debt in the name of borrowing money for the purpose of illegally possessing the creditor's property, In fact, it may be suspected of constituting a criminal offence, but if it is a debt relationship that is normally formed such as borrowing, but later cannot pay off the debt due to business operations, etc., it does not constitute a criminal offence.
2. If the debt itinerary involves raising funds from a large number of unspecified people, it may be suspected of constituting the crime of fund-raising fraud.
3. Assuming that after the creditor sues, if the debtor has the ability to repay the debt and refuses to repay the debt in such a way as to avoid it, it may constitute the crime of refusing to execute the judgment.
Legal basis:
"Civil Procedure Law of the People's Republic of China"
Article 214 The creditor requests the debtor to pay money, If the following conditions are met: the creditor and the debtor have no other debt disputes; (2) the payment order can be served on the debtor. The application shall state the amount of money or securities requested and the facts and evidence on which it is based.
Article 215: After a creditor files an application, the people's court shall notify the creditor within five days whether to accept the application.
Article 216: After the people's court accepts the application, after reviewing the facts and evidence provided by the creditor, if the relationship between the creditor's rights and the debt is clear and legal, it shall issue a notice to the debtor within fifteen days from the date of acceptance. Payment order; if the application is not established, the ruling shall be dismissed. The debtor shall pay off the debt within fifteen days from the date of receipt of the payment order, or submit a written objection to the people's court. If the debtor does not raise any objection and fails to perform the payment order within the period specified in the preceding paragraph, the creditor may apply to the People's Court for execution.
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