An IOU is proof of a debt relationship and requires true and legitimate information. In real life, counterfeit IOUs are often found. As we all know, forging IOUs is an illegal act, and if it is found to be sued in court, it will have to bear a serious price and legal responsibility.
Netizen consultation:
What are the consequences of a forged IOU prosecution?
Lawyer answers:
An IOU is a creditor's right certificate that proves the existence of a debt relationship, and the IOU needs to be true and legitimate.
According to article 114 of the Civil Procedure Law, where a litigation participant or other person commits any of the following acts, the people's court may impose a fine or detention on the basis of the severity of the circumstances;where a crime is constituted, criminal responsibility is pursued in accordance with law: (1) Fabricating or destroying important evidence, obstructing the people's court's trial of the case. Article 115:Where parties maliciously collude with each other in an attempt to infringe upon the lawful rights and interests of others through litigation, mediation, or other means, the people's courts shall reject their requests and give fines or detention based on the severity of the circumstances;where a crime is constituted, criminal responsibility is pursued in accordance with law. Article 116:Where the person subject to enforcement maliciously colludes with others to evade performance of the obligations set forth in legal documents through litigation, arbitration, mediation, or other means, the people's court shall give a fine or detention based on the severity of the circumstances;where a crime is constituted, criminal responsibility is pursued in accordance with law.
Where a civil lawsuit is initiated on the basis of fabricated facts, obstructing judicial order or seriously infringing upon the lawful rights and interests of others, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine;where the circumstances are serious, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.
Lawyer adds:
Because the evidence in private lending disputes is relatively simple and all of them are held by creditors, some dishonest parties will take advantage of this characteristic of private lending cases to tamper with and forge evidence materials without authorization, resulting in private lending disputes becoming a frequent area of false litigation.
Where methods such as fabricating evidence, false statements, or fabricating civil legal relationships are employed, or civil disputes are fabricated, and civil litigation is raised in a people's court, it shall be found to be "initiating a civil lawsuit based on fabricated facts" as provided for in paragraph 1 of Criminal Law article 307-1.
The phenomenon of false litigation not only seriously infringes upon the lawful rights and interests of parties and persons not involved in the case, but also disrupts the normal order of litigation, undermines judicial authority and judicial credibility, and undermines social integrity.
Legal basis] Article 115 of the Civil Procedure Law: Where parties maliciously collude with each other in an attempt to infringe upon the national interest, the public interest, or the lawful rights and interests of others through litigation, mediation, or other means, the people's court shall reject their request and impose a fine or detention based on the severity of the circumstances;where a crime is constituted, criminal responsibility is pursued in accordance with law.
Where parties unilaterally fabricate the basic facts of a civil case and initiate litigation in a people's court in an attempt to infringe upon the national interest, the societal public interest, or the lawful rights and interests of others, the provisions of the preceding paragraph apply.
Lawyer Dina Fever Profile
He is a practicing lawyer at Tianjin Oriental Law Firm and holds a bachelor's degree in law from Nankai University, focusing on litigation and non-litigation areas such as contract disputes, private lending disputes, marriage and family inheritance disputes, labor disputes, and foreign-related legal business. He has extensive litigation experience and is able to provide a full range of legal services.