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Consulting question: is it illegal to hire a debt collection company?
Analysis answer: the lawyer of debt collection company answers:
It is not stipulated that hiring a debt collection company is an illegal act. Refer to the civil code, why are there so many violations? Because if the debt collection company beats or illegally detains the debtor in the process of debt collection, it will constitute the crime of intentional injury and the crime of illegal detention.
Legal point of view:
Article 234 of the criminal law of the people's Republic of China Whoever intentionally injures another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Whoever commits the crime mentioned in the preceding paragraph and causes serious injury to a person shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; Those who cause death or serious injury by especially cruel means, resulting in serious disability, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this law, such provisions shall prevail.
Article 238 of the criminal law of the people's Republic of China Whoever illegally detains another person or illegally 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. Whoever has the 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 a 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 disability or death 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 demanding debts shall be punished in accordance with the provisions of the preceding two paragraphs.
Any functionary of a state organ who takes advantage of his functions and powers to commit the crimes mentioned in the preceding three paragraphs shall be given a heavier punishment in accordance with the provisions of the preceding three paragraphs.
The entrustment of Shanghai debt collection company is not illegal, but the entrustment agreement must be signed. The binding force of the agreement itself will be weak. When choosing this type of company, we should pay more attention to survival time, reputation and formality.