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After Lao Lai was detained for 15 days, is there nothing he can do?
If Lao Lai fails to pay back the money after being detained for fifteen days, he will be enforced by the court, and Lao Lai will be included in the list of dishonest persons subject to execution, and he will be subject to credit punishment in accordance with the law.
Detention for 15 days is considered judicial detention. If you still refuse to pay back the money, you may be detained again. If you have the ability to execute and refuse to execute, you can be detained judicially for up to 15 days at a time. The law does not stipulate a limit on the number of times. No matter how serious the crime is, you can be sentenced. The criminal law includes the crime of refusing to execute the court's decision.
Detention cannot continue. Cases in which the person subject to execution has property available for execution shall generally be concluded within 6 months from the date of filing the case; non-litigation enforcement cases shall generally be concluded within 3 months from the date of filing the case. However, the period during which execution is suspended shall be deducted. If there are special circumstances where the execution period needs to be extended, the application must be submitted to the president or vice president of the hospital for approval. Applications for extension of the execution period shall be submitted within 5 days before the expiration of the period.
Legal basis:
Article 91 of the "Criminal Procedure Law of the People's Republic of China" If the public security organ deems it necessary to arrest a detained person, he shall Within three days, the application shall be submitted to the People's Procuratorate for review and approval. In special circumstances, the time for submission for review and approval may be extended by one to four days. For major suspects who commit crimes on the run, commit crimes multiple times, or commit crimes in groups, the time for review and approval can be extended to 30 days. The People's Procuratorate shall make a decision on approving or disapproving the arrest within seven days after receiving a request from the public security organ to approve the arrest. If the People's Procuratorate does not approve the arrest, the public security organ shall release the person immediately upon receiving the notice and promptly notify the People's Procuratorate of the execution status. For those who need to continue investigation and meet the conditions for release on bail pending trial or residential surveillance, they will be released on bail pending trial or placed under residential surveillance in accordance with the law.
Article 313 of the "Criminal Law of the People's Republic of China" Anyone who is capable of executing the judgment or ruling of the People's Court but refuses to execute it, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention Or a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.
"Several Provisions of the Supreme People's Court on the Publication of Information on the List of Untrustworthy Persons Subject to Execution" Article 1 If the person subject to execution fails to perform the obligations specified in the effective legal document and has any of the following circumstances, the People's Court shall They will be included in the list of dishonest persons subject to execution and credit punishment will be imposed on them in accordance with the law:
(1) Those who have the ability to perform but refuse to perform the obligations specified in effective legal documents;
(2) Forgery Obstructing or resisting execution through evidence, violence, threats, etc.;
(3) Avoiding execution through false litigation, false arbitration, or concealing or transferring property;
(4) ) Violating the property reporting system;
(5) Violating the consumption restriction order;
(6) Refusing to perform the settlement agreement without justifiable reasons.
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