Court enforcement. What if the other party has no money? Can I go to jail?

Court enforcement, the other party has no money, the court's punishment for the person subjected to execution, generally will not rise to jail, at most belongs to judicial custody. Detention will not last indefinitely, and can only last 15 days at most. Of course, as a debtor, don't have the idea of "going to jail to pay off debts". Even if we do go to jail, we still can't pay off our debts. When we get out of prison, the debt will still be paid.

Living in a society ruled by law, with the improvement of citizens' legal awareness, more and more people choose to use legal weapons to safeguard their rights. After the court decides, if the losing party refuses to perform, we can apply to the court for enforcement. Although the law is sound, it will encounter great resistance in the actual implementation process. In the face of Lao Lai, who has been through many battles, even the bailiff often has no better way to deal with it.

Enforcement, no money to enforce will detain the old saying goes well: "People die for money, birds die for food", and the contradictions caused by money account for a large proportion of all contradictions. Many people have to pay a lot of money after losing the case. What they consider is not how to fulfill their obligations and actively repay their debts, but how to avoid debts and reduce financial losses.

It is precisely because of this psychological existence that many judgments have become "a dead letter", and the results of the judgments have not been effectively fulfilled, making the winning party still unable to get reasonable compensation.

Faced with such a situation, the winning party will apply for enforcement. In the process of enforcement, if the other party has no money, it will be suspended or put into judicial detention.

Suspension of execution means that the person subjected to execution has no repayment ability. In this case, the execution will be suspended until the other party has the ability to repay or needs to continue to repay the debt.

If the other party has the ability to perform, but refuses to perform its responsibilities and obligations, it will be punished by judicial custody for its bad attitude. The purpose of judicial detention is to force the executed person to perform the judgment, and the longest detention period is 15 days. For such people, they will be included in the list of untrustworthy people, limit high consumption, and take high-speed trains.

Imprisonment conditions of compulsory execution: legal interpretation of the crime of refusing to execute;

According to Article 313 of the Criminal Law of People's Republic of China (PRC), if a people's court refuses to execute a judgment or ruling that it is capable of executing, if the circumstances are serious, it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; If the circumstances are especially 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.

If the person subjected to execution behaves badly, it may constitute a crime of refusing to execute. If convicted, the case will be upgraded to a criminal case and will be sentenced to imprisonment. Such charges have a great deterrent effect on Lao Lai.

Lao Lai, who has the ability to execute but refuses to execute, can tolerate detention within 15 days, but cannot accept the punishment of fixed-term imprisonment. The latter has a great influence on their life and life; After weighing the pros and cons, they will not choose to go to jail to avoid their debts.

It is under such circumstances that many Lao Lai are willing to face up to their debts and actively fulfill them. Their behavior also fulfilled an old saying, "Don't cry until you see the coffin".

The judgment of the court should not be taken lightly, and active implementation is the best policy. The judgment of the court has legal effect. We feel that the judgment is unfair and can appeal to the people's court at the next higher level within the date indicated in the judgment. It is the best way to correct an unfair judgment by legal means. Missing the appeal period is equivalent to our acquiescence in the court's decision. At this time, we can only actively fulfill our debts.

With the improvement of judicial level, people's legal awareness is getting higher and higher. Refusing to carry out the judgment will bring great inconvenience to our lives. In the face of the court's decision, don't take chances, otherwise it will only bring you endless trouble.

In life, avoid getting into a lawsuit; Even if you get into a lawsuit, you should actively perform it and try to calm down legal disputes and judgments. Understand that evasion can't solve the problem, even if you go to jail, you can't pay your debts.