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What will the police do after the routine loan alarm?
The premise of regular loan alarm is to keep good evidence and the police will file a case for handling. If there is no evidence, the public security organ shall not file a case for handling. Therefore, the premise of regular loan alarm is to preserve the evidence and the police will file a case for handling. If there is no evidence, the public security organ shall not file a case for handling.
When encountering a routine loan, you should keep the following evidence:
1, recording: every time I meet with the lending institution to talk about conditions, sign contracts, collect money, chat and other conversations are recorded;
2. SMS, WeChat: Leave all the information communicated with the lending institution. If you send violence, threats, intimidation, harassment and other information to the borrower or family, keep all of them;
3. Any contract, agreement, written text and transfer voucher;
4. Video recording: Because most routine loans are verbal terms, sign an inflated loan and secretly record relevant videos if necessary.
The essence of routine loan is fraud under the guise of private lending. For the crime of "routine loan", if there is indeed evidence to prove that three or more people form a relatively strict and fixed criminal organization and commit the crime of routine loan in a premeditated and planned way, it should be recognized as a criminal group.
In the name of private lending, routine lending achieves the purpose of illegal possession of other people's property by means of inflating debts, letting money flow away, arbitrarily determining breach of contract, changing single accounts into even accounts, and false litigation. Due to the concealment of routine loans, the victims are easily fooled by using public power to mop up the tail. The police reminded the public to borrow money through proper channels as much as possible, especially to be wary of blank contracts. Routine loan is illegal and criminal, and the principal and interest of the loan are not protected by law.
According to "Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases", the interest rate agreed by both borrowers and lenders exceeds the annual interest rate of 36%, and the agreement on the excess interest is invalid, that is, the principal and statutory interest of usury are protected by law, while the excess interest is not protected by law.
legal ground
Article 266 of the Criminal Law of People's Republic of China (PRC) stipulates that whoever defrauds public or private property in a relatively large amount 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; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.
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