Unfortunately, this answer is true. Although it is very difficult to ask for debts, the debt collector himself is the grandson, and the debt is the uncle, but if the debt collection is not done properly, he may be sent to prison.
In short, it is too difficult to collect some debts, even for legitimate and reasonable legal gains.
Next, let's talk about some cases where improper debt collection may lead to crimes. It is also a reminder to everyone, if you really collect debts, try to avoid taking these measures.
This crime is relatively rare in judicial practice, so it is very easy to ignore, but it is very easy to violate.
According to article 245 of the Penal Code, the act of entering a citizen's house against the will of the members of the house or without a legal basis, or refusing to do so after entering the house after entering the house, constitutes the crime of trespassing into a house.
To take the simplest example, if it is Zhang San who owes money, and you go to Zhang San's girlfriend's house to collect the debt, Zhang San is not there, only his girlfriend is at home. You just think, if Zhang San doesn't pay back the money, I won't leave, just stay there. And Zhang San's girlfriend asked you to go out, but you said that I wouldn't leave until the money was returned. In this case, once Zhang San's girlfriend calls the police, you are suspected of committing a crime.
This crime is relatively common and very easy to commit.
The most common is that the debtor hides and dodges everywhere, and the creditor really has no choice, so he finally blocks this person, controls him, and does not let him go if he does not repay the money.
In this way, as long as certain consequences are reached, such as violence or detention during the period, more than 24 hours, etc., the crime of unlawful detention will be constituted.
According to article 238 of the Criminal Law, the crime of unlawfully depriving another person of his or her personal liberty by means of detention, confinement or other coercive means constitutes the crime of unlawful detention.
Some people say that this is a matter of not paying back the money, and I am legally collecting debts, so why do I still think that I am committing a crime?Additional provisions are made in paragraph 2 of Article 238 of the Penal Code:Those who illegally seize or detain others for the purpose of collecting debts are to be punished in accordance with the crime of unlawful detention.
This is also a very common crime.
For example, if the contractor fails to pay wages in arrears, and the migrant workers ask for it to no avail, they smash the contractor's car in a fit of rage, and the loss exceeds 5,000 yuan after appraisal, which constitutes a crime.
According to article 275 of the Criminal Law, intentional destruction or damage of public or private property, where the amount is relatively large or there are other serious circumstances, constitutes the crime of intentional destruction of property.
For example, the debtor stinks and is a scoundrel, or even provocative language, I won't give you money, what can you do?
The creditor hit the debtor with a fist in a moment's anger, and accidentally caused a fracture of his nasal bone or orbital wall, which may constitute a minor injury and is suspected of the crime of intentional injury.
According to article 234 of the Criminal Law, a person who intentionally injures another person's body and causes minor or more injuries to another person shall be guilty of intentional injury and shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and if serious injury is caused, shall be sentenced to imprisonment of 3 to 10 years.
These are some of the crimes that are very easy to commit in the process of debt collection. Of course, there may also be some other crimes, such as sabotage of production and operation, picking quarrels and provoking trouble, etc.
Therefore, even if you are in arrears, you must pay attention to the way you collect the debt.
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