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What Criminal Law Does Violent Collection Commit

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What Criminal Law Does Violent Collection Commit


        

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  • 2024-06-16 16:00:54

    The door-to-door collection of loans is legal. However, it is not allowed to touch the legal high-voltage line. Violent collection that infringes upon the legitimate rights and interests of the debtor shall bear corresponding criminal responsibility. The following three door-to-door loan collection methods are illegal.

    1. Illegal detention: The crime of illegal detention refers to the criminal act of illegally depriving others of their personal freedom by detention, confinement or other coercive methods. According to Article 238 of the Criminal Law, those who constitute the crime of illegal detention shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

    2. Those with circumstances of beating or insulting shall be given a heavier punishment. Forced restriction of the debtor's personal freedom occurs from time to time in the process of debt collection. Article 238 of the Criminal Law clearly stipulates that the crime of illegally detaining or detaining others for the purpose of obtaining debt constitutes this crime.

    Illegal invasion of residence: The crime of illegal invasion of residence refers to the act of illegally and forcibly entering another person's residence without the consent of the owner of the residence, or refusing to quit after being asked by the owner of the residence. According to Article 245 of the Criminal Law, anyone who illegally invades another person's house shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

    3. Debts collection related to mafia: debt evasion related to mafia mainly refers to creditors collecting debts through mafia means, which can be divided into two situations:

    1. The creditors themselves are members of the underworld.

    2. Creditors collect debts through the underworld (such as the debt collection company involved in the underworld).

    Generally, violence is also used in debt collection, but the difference between it and violence is that: violence is a simple use of violence, generally because of the passion of creditors; And the debt collection involved in the underworld is organized and planned to use the techniques of the underworld to ask for debts.

    Legal basis

    Article 238 of the Criminal Law of the People's Republic of China [Crime of illegal detention] Whoever unlawfully detains another person or unlawfully deprives another person of his personal freedom by other means shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. Those with circumstances of beating or insulting shall be given a heavier punishment.
    Whoever commits the crime mentioned in the preceding paragraph and causes serious injury to another person shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; Whoever causes death shall be sentenced to fixed-term imprisonment of not less than 10 years. Whoever uses violence to cause injury, disability or death to a person shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law.
    Whoever unlawfully detains or detains another person for the purpose of claiming debts shall be punished in accordance with the provisions of the preceding two paragraphs.
    Any functionary of a State organ who commits the crimes mentioned in the preceding three paragraphs by taking advantage of his power shall be given a heavier punishment in accordance with the provisions of the preceding three paragraphs.

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