Do you have debts? Read the article and find out if you can be sentenced to imprisonment for unpaid debts.
People struggling with large debts ask themselves many different questions. One of them is whether you can go to jail for financial backlogs. There is a lot of confusion in this respect by debt collectors who threaten with severe sanctions. It is known that such threats strongly affect the imagination.
Can I go to jail for debts?
It is known that the continuous visits of an employee of a debt collection company, urgent calls and letters that remind us of debt repayment do not have a positive effect on the nervous system. You feel worse every day because you don’t know how to deal with the problem. He is struggling with the question of whether the police will knock on his door at some point with a warrant to arrest him. Fortunately, we have good news for all stressed out: debts cannot be a direct cause of imprisonment. However, you have to realize that there are some situations indirectly related to debt. They can already lead to the worst-case scenarios. However, we will explain this intricate issue later in the text.
Prison too long – how is it really?
As we wrote earlier, financial obligations cannot in themselves result in a Polish citizen being subject to a prison sentence. It is different when a person conceals his property, income or sells his property so as not to pay off the creditor. The whole matter is regulated by Article 300 2 of the Criminal Code. It has been given the following wording: “Who, in order to thwart the execution of a court or other state body’s decision, thwart or diminishes the satisfaction of his creditor by removing, concealing, disposing of, donating, destroying, actually or apparently encumbering or damaging his assets seized or threatened seizure, subject to imprisonment from 3 months to 5 years. “Interestingly, it is also prohibited to dispose of those things that could potentially be seized by the bailiff for repayment of the debt. Getting rid of them is also a crime.
Prison sentence for debts – when can you expect it?
There are other circumstances that make you punishable. This includes, inter alia, those situations in which the debtor evades the payment of maintenance to which he has been charged. This must be punished accordingly. This also applies to those debtors who are not looking for a job that would allow them to settle their debts to their former spouse or children. Then, even by working “black” and hiding your income, you can be thrown into custody. The person who committed the fraud that caused him to become a debtor will not escape prison. A great example of this is when someone withheld information about yourself, which allowed him to take out a loan. This includes, but is not limited to, the presentation of a false employment certificate or a false document certifying the amount of income. In both examples, legal consequences should be taken into account. Pursuant to the letter of Polish law, such action is punishable by imprisonment from 3 months to 5 years. Guilty maybe be the one who intentionally brings the financial problem to a third party. This is very precisely defined in Article 286 § 1 of the Criminal Code, which reads: “Who, in order to achieve financial gain, leads another person to an unfavorable disposition of his own or someone else’s property by means of misleading him or by making an error or inability to properly understand the action taken, is subject to punishment of imprisonment from 6 months to 8 years. ” This applies, for example, to a situation where someone is forced to dispose of his property improperly. Then, according to the described article, you can go to prison for a period of 6 months to 8 years.
Too long to jail? In some cases, yes!
A person who has debt for an unpaid fine will not escape prison. Then she must actually take into account legal sanctions. People talk about the so-called substitute penalty, which in a way cancels financial arrears. However, it should be remembered that it can be expected at the very end of court proceedings. The first necessity is to try to resolve the matter amicably by setting a payment date. Later, bailiff execution is carried out, but it may also have no effect. Social work is then ordered, but evasion results already a prison. It is a redemption of unpaid debts and will cancel them completely.
Summarizing the considerations contained in this article, it should be emphasized that debts in themselves are not a crime. However, the explicit avoidance of repayment is interpreted as such. This has clearly defined consequences. That is why it is good to regulate your financial arrears on a regular basis.