Creditors also want to avoid criminal risk: watching the Spring Festival Gala sketch “Not yet” feel

2022-07-14 0 By

The second skit of CCTV’s Spring Festival Gala, “Still Not Paying back,” tells the story of Shen Teng’s character who will go to any lengths to pretend to be sick and not pay back the money borrowed from his old classmates.In the sketch, Shen Teng played the debtor not to return the money, Alan and Chang Yuan played the creditor but due to the friendship of classmates embarrassed to ask for money, but almost cheated thousands of dollars.In the skit, Allen’s character almost stops himself from “slapping” Shen Teng’s character.In real life, if this slap goes down, it really might send the creditor to jail.As we all know, the crime of intentional injury is stipulated in Article 234 of Criminal Law. If intentional injury causes minor injury to a person, a penalty can be imposed.Some people may think that “one slap won’t cause minor injury”, but this is a big misunderstanding. “slap” is more likely to cause perforation of the eardrum, if it doesn’t heal on its own after 6 weeks, it is a minor injury.So don’t do it.Is it gonna be okay without the beating?No, but also to avoid “illegal detention.”I have seen cases where creditors have taken debtors to hotels or other places by force to collect money from their families to pay them back.Even if the creditor claims a legitimate debt, it may be guilty of unlawful detention.According to the Supreme People’s Court, the Supreme People’s Procuratorate, Ministry of Public Security, the Ministry of Justice on to deal with the implementation of “soft violence” opinions on some issues of the criminal case “, illegal detention of a person more than three times, each time duration in more than 4 hours, illegal detention of a person or a total time in more than 12 hours, can initiate the prosecution.If the creditor demands the illegal debt of “usury” from the debtor, even if it does not constitute the crime of intentional injury and illegal detention, it may also be suspected of the new provisions of the Criminal Law Amendment (xi) :Whoever “uses violence or coercion”, “restricts the personal freedom of another person or invades another person’s house” or “threatens, tracks and harasses another person” or collects illegal debts arising from high-interest loans, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined.Therefore, as the creditor, also want to control their own emotions, rational maintenance of their legal rights, do not regret because of impulse.