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at the end of the year, and you are busy collecting and clearing debts.
When the idea of "repaying debts is natural and repaying money" encounters dishonest or malicious defaults
simple creditor-debtor relationship will be deteriorated and escalated
violent debt collection, forced debts into the house, block the door to demand debts, steal money to pay off debts, illegal detention...
because of impulse, take illegal means
Creditors often change from active to passive
The defendant in a criminal case is subject to criminal punishment
The so-called creditor's rights are also likely to become "empty in the bamboo basket."
Today, the editor brings 5 cases to explain the five major illegal risks that are easy to touch during debt collection, so as to achieve the purpose of promoting legal principles and warnings.
1. Illegal trespassing into a residence
Illegal trespassing into a residence refers to the act of entering a citizen's residence against the wishes of members of the residence or without legal basis, or refusing to withdraw after entering a citizen's residence after entering a residence after requesting to withdraw.
Article 245 of the Criminal Law: If an illegal search of another person's body or residence, or illegally invades another person's residence, he shall be sentenced to fixed-term imprisonment of not more than three years or detention. If a judicial staff abuses their power and commits the crime in the preceding paragraph, they shall be punished more severely.
Case: The victim Wang borrowed a loan from a loan company because of running a company. Because Wang defaulted on principal and interest of the loan, in January 2014, the loan company authorized the defendant Du and two others (has been handled separately) to collect the arrears. Afterwards, the defendant Du and others went to the home of the community where Wang lived to ask for debts. Because Wang was not at home, the other two forced themselves to stay at his home until the next day before leaving. On March 2014, Du and others went to Wang's house to ask for debts. Because Wang was not at home, he forced himself to stay at his home. He also invited the defendant Peng and others to take turns staying at his home until April of the same year. The defendant Peng and others forced to wait at his home for two nights. During this period, Wang's wife Zhong asked the other party to leave many times and called the police but failed. Du sprayed the words "shameless" and "repayment" on the walls, doors and floors of Wang's house with red spray paint, and used methods such as buying a lock to lock the door and sending someone to follow him when Zhong went out to prevent him from running away.
trial court held that in order to claim debt, the defendants Du and Peng illegally trespassed into other people's residences and lived in the victim's home for a long time. After the victim asked him to withdraw but refused to withdraw, their actions constituted the crime of illegal trespassing into the residence. In a joint crime, the defendant Du was assigned by the company and invited others to actively carry out crimes such as spraying paint, buying chain locks, and locking doors at the victim's home, playing a major role. He is the main culprit and should be punished according to all the crimes he participated in. The defendant Peng helped his friend and was invited by his friend to gather. When he went to the victim's home, he waited for two days for debt collection. He had no financial rewards and did not threaten the victim. He played a secondary role and was an accomplice. He should be given a lighter punishment according to law. The two defendants truthfully confessed their crimes and may be given a lighter punishment according to law. The defendant Du has a criminal record and may be punished severely at the discretion of the discretion. The defendant Peng was under 18 years old when he committed the crime and was a minor. He should be given a lighter punishment according to law. Based on the criminal facts, circumstances of the crime and the remorse of the defendant Peng, the defendant Peng may be exempted from criminal punishment according to law. The court then made the above judgment.
Judge reminds: The crime of illegal trespassing in a residential property is subjectively intentional. If the perpetrator knows that his intrusion or failure to withdraw from the house violates the intention of the right holder or destroys the peace of the house, and actively intrudes or passively does not withdraw from the house, it constitutes the crime of illegal intrusion into the house. If you mistakenly enter another person's residence, withdraw immediately once discovered, or have a legitimate reason to enter another person's residence urgently, it does not constitute this crime. For example, if a fire occurs, there is no one at home and no consent cannot be obtained, and the firefighters breaking into the door is a legal emergency risk avoidance.
2. Illegal detention
Illegal detention refers to a crime of illegally depriving others of their personal freedom by detention, confinement or other compulsory methods.
Article 238 of the Criminal Law stipulates that if a crime of illegal detention is committed, he shall be sentenced to fixed-term imprisonment of not more than three years, detention, control or deprivation of political rights. Those who have a plot of beating or insulting will be punished more severely.Those who commit the crime in the preceding paragraph and cause serious injury shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; those who cause death shall be sentenced to fixed-term imprisonment of not more than ten years. If a person uses violence to cause disability or death, he shall be convicted and punished in accordance with the provisions of Article 234 of this Law [Crime of Intentional Injury] and Article 232 of this Law [Crime of Intentional Homicide]. Those who illegally seize or detain others for claiming debts shall be punished in accordance with the provisions of the previous two paragraphs.
case: On September 17, 2015, Li Yangming borrowed a car and invited Cheng Mingxi and Li Liming to come from Tongshan County, Hubei Province to Hongjiang District, to find Yang to seek debts, but was ruthless by Yang and wanted to take hostage. So he tricked Yang into the car on the grounds of going to the urban area of Huaihua City for lunch. When the car passed the Anjiang toll station of the Shanghai-Kunming Expressway to Hubei, Yang wanted to escape by taking the opportunity to go to the toilet, but was beaten by Li Liming and three others. Then they took Yang to a hotel in Tongshan County, Hubei Province to be detained, and the three took turns to guard. On September 23 of the same year, Cheng Haijun, when he learned that Li Liming and three others illegally detained Yang due to debt disputes, he still agreed to help guard until September 25, and Yang was rescued. During this period, Li Liming and four others forced Yang to call and borrow money from his family, and Yang's family remitted 150,000 yuan to the bank account designated by Li Yangming. On August 9 this year, all four people were arrested and confessed to the crime.
Judge reminded: Some people unilaterally believe that it is not wrong to take control of others to collect debts in order to prevent the debtor from evading debts. As long as they can take care of the debtor's diet and daily life in the process, and there is no violent means such as beating. But little does not know that restricting the personal freedom of others is itself an illegal "violent" means and will be subject to legal sanctions.
3. Robbery
robbery is an act of forcibly robbing public and private property for the purpose of illegal possession, using violence, coercion or other methods on the spot to the owner and custodian of the property. who commits this crime shall be sentenced to imprisonment for not more than three years but not more than ten years and shall be fined;
in any of the following serious circumstances shall be sentenced to fixed-term imprisonment for not more than ten years, life imprisonment or death penalty , and shall be fined or confiscated:
(I) robbed in the household;
(II) robbed on public transportation;
(II) robbed on public transportation;
(III) robbery of banks or other financial institutions;
(IV) robbery or robbery is huge;
(V) robbery caused serious injury or death;
(VI) robbery as military and police personnel;
(VIII) robbery with guns;
(VIII) robbery of military supplies or rescue, disaster relief, and relief supplies.
Case: Zhou Sheng is 40 years old. In August 2006, he was sentenced to probation for the crime of theft. Later, he opened a debt collection company in Beijing under the name of a "business investigation company". On the afternoon of April 27, 2007, Zhou Sheng and others were hired by Meng Xiuzhen (sentenced) and forcibly hijacked Zhang, who had a contract dispute with Meng Xiuzhen from Chaoyang District, to a hotel in Fengtai District, , and forced Zhang to ask for his bank card password. On the 28th of that month, Zhou Sheng and others took Zhang's bank card to withdraw 2,900 yuan from the ATM. A few days later, Zhou Sheng and others took Zhang to take 110,000 yuan from the bank card from a bank card a few days later and transferred 280,000 yuan to Meng Xiuzhen.
The Second Intermediate People's Court of the City believes that Zhou Sheng was sentenced to fixed-term imprisonment for the crime and was probated. During the probation period, he used coercion to force the victim to hand over the property on the spot. His behavior constituted the crime of robbery, and the amount of robbery is huge, and he should be punished according to law.
4. Theft
Theft refers to the act of stealing public and private property with a large amount or multiple thefts, stealing in the household, carrying weapons, and pickpocketing public and private property for the purpose of illegal possession.
Article 264 of the Criminal Law stipulates that if theft of public and private property in a large amount, or if theft, house burglary, carry weapon burglary, pickpocketing, the sentence shall be sentenced to fixed-term imprisonment of not more than three years, detention or control, and shall be fined alone; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years but not more than ten years, and shall be fined; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than ten years or life imprisonment, and shall be fined or the property shall be confiscated.
Case: In the first half of 2013, Li from Liaoning came to Yantai City, Shandong Province alone and applied for a job in a photo studio in the city to engage in wedding photography. Later, because the boss owed him more than 7,000 yuan in salary and business commission, Li decided to "protect his rights" on his own after asking his boss for his salary many times but failed. At around 10:00 on July 9, 2013, Li took advantage of the photo assistant's custody and secretly stole a photographic lens in the studio. After the boss reported the case, Li was quickly arrested by the police. After identification, the camera lens is worth RMB 11,070. On October 30, 2013, the Zhifu District People's Court of Yantai City sentenced the defendant Li to 6 months in prison and one year's probation for the crime of theft.
Judge reminds: Workers should use legitimate channels to protect their legitimate rights and interests, and learn to use legal weapons to rationally and legally protect their legitimate rights and interests. must not "change the flavor" to protect rights, as it may violate the law and be trapped in trouble. When a "blackhearted" boss who is owed wages, he can call the local labor and social security department's report hotline to get help; or ask for assistance from the local trade union; or apply for arbitration from the labor dispute arbitration committee where the employer is located; in the end, he can also file a lawsuit with the local people's court if he is dissatisfied with the arbitration.
5. Intentional injury
Intentional injury refers to a criminal act that intentionally and illegally harms others' bodies and reaches a certain degree of severity and should be punished by criminal law. Article 234 of the Criminal Law Whoever intentionally injures another person's body shall be sentenced to fixed-term imprisonment of not more than three years, detention or control.
Case: Wu and Zhu have a debt dispute. Zhu asked Wu for the debt, and the two agreed to meet on the evening of February 21, 2016. At 8 o'clock in the evening, when Zhu drove his brother Zhu and Wu to the north of a hospital in Sanhe City, Wu suddenly got out of the window and ran north. Zhu and Zhu got out of the car and chased after him. Near the east side of the roundabout, Wu fell to the ground. Zhu controlled Wu to avoid leaving, and Zhu started kicking and hitting Wu. At this time, a passerby Deng passed by and dissuaded Zhu's behavior. Zhu said that they were catching the thief and asked Deng to call the police. During this period, Zhu punched Wu in the head a few more times, and then Wu took advantage of their inattention and broke free and ran away. Wu was identified by the Forensic Injury Inspection and Appraisal Office of Langfang Public Security Bureau and found that Wu's degree of injury was a second-degree minor injury. Wu then reported the case to the Public Security Bureau. In the early morning of April 28, 2016, the Sanhe Municipal Public Security Bureau arrested Zhu at a foot massage shop in Yanjiao Town, . After investigation, it was found that Zhu's criminal behavior caused Wu's economic losses totaling RMB 17,487.
Sanhe Court held a public trial of the case in accordance with the law, believing that the defendant Zhu beat someone else due to a debt dispute, causing minor injuries to the second degree. His behavior constituted intentional injury. Therefore, he was sentenced to one year and two months in prison in accordance with the law, and compensated the plaintiff Wu in the civil lawsuit for a total of RMB 17,487 in various economic losses.
Judge reminded: Violence, beating and other methods are not advisable and will be subject to legal sanctions. Therefore, citizens should take legal and reasonable legitimate means to safeguard their legitimate rights and interests within the scope permitted by law. For example, negotiation between the two parties, court litigation, etc.
It is difficult to collect debts, and it is more difficult than to reach the sky! To protect your legitimate rights and interests, you must take legal measures. Don’t let yourself be imprisoned and regret it because of a moment of impulse.
Manuscript: Comprehensive Democracy and Legal Times Compilation of Legal Common Sense;
Edited by: Lin Chunlei
Those who commit the crime in the preceding paragraph and cause serious injury shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; those who cause death shall be sentenced to fixed-term imprisonment of not more than ten years. If a person uses violence to cause disability or death, he shall be convicted and punished in accordance with the provisions of Article 234 of this Law [Crime of Intentional Injury] and Article 232 of this Law [Crime of Intentional Homicide]. Those who illegally seize or detain others for claiming debts shall be punished in accordance with the provisions of the previous two paragraphs.case: On September 17, 2015, Li Yangming borrowed a car and invited Cheng Mingxi and Li Liming to come from Tongshan County, Hubei Province to Hongjiang District, to find Yang to seek debts, but was ruthless by Yang and wanted to take hostage. So he tricked Yang into the car on the grounds of going to the urban area of Huaihua City for lunch. When the car passed the Anjiang toll station of the Shanghai-Kunming Expressway to Hubei, Yang wanted to escape by taking the opportunity to go to the toilet, but was beaten by Li Liming and three others. Then they took Yang to a hotel in Tongshan County, Hubei Province to be detained, and the three took turns to guard. On September 23 of the same year, Cheng Haijun, when he learned that Li Liming and three others illegally detained Yang due to debt disputes, he still agreed to help guard until September 25, and Yang was rescued. During this period, Li Liming and four others forced Yang to call and borrow money from his family, and Yang's family remitted 150,000 yuan to the bank account designated by Li Yangming. On August 9 this year, all four people were arrested and confessed to the crime.
Judge reminded: Some people unilaterally believe that it is not wrong to take control of others to collect debts in order to prevent the debtor from evading debts. As long as they can take care of the debtor's diet and daily life in the process, and there is no violent means such as beating. But little does not know that restricting the personal freedom of others is itself an illegal "violent" means and will be subject to legal sanctions.
3. Robbery
robbery is an act of forcibly robbing public and private property for the purpose of illegal possession, using violence, coercion or other methods on the spot to the owner and custodian of the property. who commits this crime shall be sentenced to imprisonment for not more than three years but not more than ten years and shall be fined;
in any of the following serious circumstances shall be sentenced to fixed-term imprisonment for not more than ten years, life imprisonment or death penalty , and shall be fined or confiscated:
(I) robbed in the household;
(II) robbed on public transportation;
(II) robbed on public transportation;
(III) robbery of banks or other financial institutions;
(IV) robbery or robbery is huge;
(V) robbery caused serious injury or death;
(VI) robbery as military and police personnel;
(VIII) robbery with guns;
(VIII) robbery of military supplies or rescue, disaster relief, and relief supplies.
Case: Zhou Sheng is 40 years old. In August 2006, he was sentenced to probation for the crime of theft. Later, he opened a debt collection company in Beijing under the name of a "business investigation company". On the afternoon of April 27, 2007, Zhou Sheng and others were hired by Meng Xiuzhen (sentenced) and forcibly hijacked Zhang, who had a contract dispute with Meng Xiuzhen from Chaoyang District, to a hotel in Fengtai District, , and forced Zhang to ask for his bank card password. On the 28th of that month, Zhou Sheng and others took Zhang's bank card to withdraw 2,900 yuan from the ATM. A few days later, Zhou Sheng and others took Zhang to take 110,000 yuan from the bank card from a bank card a few days later and transferred 280,000 yuan to Meng Xiuzhen.
The Second Intermediate People's Court of the City believes that Zhou Sheng was sentenced to fixed-term imprisonment for the crime and was probated. During the probation period, he used coercion to force the victim to hand over the property on the spot. His behavior constituted the crime of robbery, and the amount of robbery is huge, and he should be punished according to law.
4. Theft
Theft refers to the act of stealing public and private property with a large amount or multiple thefts, stealing in the household, carrying weapons, and pickpocketing public and private property for the purpose of illegal possession.
Article 264 of the Criminal Law stipulates that if theft of public and private property in a large amount, or if theft, house burglary, carry weapon burglary, pickpocketing, the sentence shall be sentenced to fixed-term imprisonment of not more than three years, detention or control, and shall be fined alone; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years but not more than ten years, and shall be fined; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than ten years or life imprisonment, and shall be fined or the property shall be confiscated.
Case: In the first half of 2013, Li from Liaoning came to Yantai City, Shandong Province alone and applied for a job in a photo studio in the city to engage in wedding photography. Later, because the boss owed him more than 7,000 yuan in salary and business commission, Li decided to "protect his rights" on his own after asking his boss for his salary many times but failed. At around 10:00 on July 9, 2013, Li took advantage of the photo assistant's custody and secretly stole a photographic lens in the studio. After the boss reported the case, Li was quickly arrested by the police. After identification, the camera lens is worth RMB 11,070. On October 30, 2013, the Zhifu District People's Court of Yantai City sentenced the defendant Li to 6 months in prison and one year's probation for the crime of theft.
Judge reminds: Workers should use legitimate channels to protect their legitimate rights and interests, and learn to use legal weapons to rationally and legally protect their legitimate rights and interests. must not "change the flavor" to protect rights, as it may violate the law and be trapped in trouble. When a "blackhearted" boss who is owed wages, he can call the local labor and social security department's report hotline to get help; or ask for assistance from the local trade union; or apply for arbitration from the labor dispute arbitration committee where the employer is located; in the end, he can also file a lawsuit with the local people's court if he is dissatisfied with the arbitration.
5. Intentional injury
Intentional injury refers to a criminal act that intentionally and illegally harms others' bodies and reaches a certain degree of severity and should be punished by criminal law. Article 234 of the Criminal Law Whoever intentionally injures another person's body shall be sentenced to fixed-term imprisonment of not more than three years, detention or control.
Case: Wu and Zhu have a debt dispute. Zhu asked Wu for the debt, and the two agreed to meet on the evening of February 21, 2016. At 8 o'clock in the evening, when Zhu drove his brother Zhu and Wu to the north of a hospital in Sanhe City, Wu suddenly got out of the window and ran north. Zhu and Zhu got out of the car and chased after him. Near the east side of the roundabout, Wu fell to the ground. Zhu controlled Wu to avoid leaving, and Zhu started kicking and hitting Wu. At this time, a passerby Deng passed by and dissuaded Zhu's behavior. Zhu said that they were catching the thief and asked Deng to call the police. During this period, Zhu punched Wu in the head a few more times, and then Wu took advantage of their inattention and broke free and ran away. Wu was identified by the Forensic Injury Inspection and Appraisal Office of Langfang Public Security Bureau and found that Wu's degree of injury was a second-degree minor injury. Wu then reported the case to the Public Security Bureau. In the early morning of April 28, 2016, the Sanhe Municipal Public Security Bureau arrested Zhu at a foot massage shop in Yanjiao Town, . After investigation, it was found that Zhu's criminal behavior caused Wu's economic losses totaling RMB 17,487.
Sanhe Court held a public trial of the case in accordance with the law, believing that the defendant Zhu beat someone else due to a debt dispute, causing minor injuries to the second degree. His behavior constituted intentional injury. Therefore, he was sentenced to one year and two months in prison in accordance with the law, and compensated the plaintiff Wu in the civil lawsuit for a total of RMB 17,487 in various economic losses.
Judge reminded: Violence, beating and other methods are not advisable and will be subject to legal sanctions. Therefore, citizens should take legal and reasonable legitimate means to safeguard their legitimate rights and interests within the scope permitted by law. For example, negotiation between the two parties, court litigation, etc.
It is difficult to collect debts, and it is more difficult than to reach the sky! To protect your legitimate rights and interests, you must take legal measures. Don’t let yourself be imprisoned and regret it because of a moment of impulse.
Manuscript: Comprehensive Democracy and Legal Times Compilation of Legal Common Sense;
Edited by: Lin Chunlei
