I won't go to jail, even if I haven't paid it yet. This is a civil dispute and will not be considered as a criminal offence under normal circumstances. Since it is not a crime, there is no need to convict and punish the parties, and naturally they will not go to jail afterwards. However, we should pay attention to a situation, that is, after the court ruled that the bank won the case, the parties who were able but maliciously refused to repay the bank may constitute a crime of refusing to execute the judgment or ruling. In this case, they may go to jail.

Legal analysis

The non-repayment of the loan is only a civil dispute. Under normal circumstances, they will not be imprisoned and will not be investigated for criminal responsibility. After the loan expires, the bank will notify the borrower to repay the loan by dunning for a period of time. If the borrower still fails to repay the loan, the bank will send a special person to negotiate and solve it. After the bank wins the case, if the parties fail to perform the court judgment within the performance period, the bank may apply to the court for enforcement. When accepting the execution, the court will inquire about the property, vehicles, securities and deposits under the debtor's name according to law; In addition, if the debtor has no executable property and refuses to perform the effective judgment of the court, his personal credit report will contain negative information such as overdue payment, and he will be restricted from high consumption and entry and exit, and may even be punished by judicial custody. Those who have the ability to refuse to execute are suspected of refusing to execute the judgment or ruling. If the lender fails to recover the loan for many times, the creditor will directly deal with the collateral to pay off the remaining debts. But for borrowers, this method can be used as the second best policy. It's just a civil dispute Under normal circumstances, you will not go to jail and will not be investigated for criminal responsibility. After the loan expires, the bank will notify the borrower to repay the loan by dunning for a period of time. If the borrower still fails to repay the loan, the bank will send a special person to negotiate and solve it. After the bank wins the case, if the parties fail to perform the court judgment within the performance period, the bank may apply to the court for enforcement. When accepting the execution, the court will inquire about the property, vehicles, securities and deposits under the debtor's name according to law; In addition, if the debtor has no executable property and refuses to perform the effective judgment of the court, his personal credit report will contain negative information such as overdue payment, and he will be restricted from high consumption and entry and exit, and may even be punished by judicial custody. Those who have the ability to refuse to execute are suspected of refusing to execute the judgment or ruling. If the lender fails to recover the loan for many times, the creditor will directly deal with the collateral to pay off the remaining debts. But for borrowers, this method can be used as the second best policy.

legal ground

Article 313 of the Criminal Law of People's Republic of China (PRC) refuses to execute the judgment or ruling of the people's court, and if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or fine; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.