Whether the criminal liability for not paid credit for the car threatens the borrowers?
Bringing to criminal liability for not paid credit is unequivocally impossible. The indebtedness under the credit agreement is a dispute which is subject to consideration as civil legal proceedings.
For today banks have selected a different way which allows accelerating indebtedness payment under the credit agreement, initiating criminal cases on the most different bases, showing a considerable ingenuity.
When the citizen has a necessity for credit reception, he addresses for consultation in bank lending division. After the announced list of necessary documents, representatives of banks frequently urgently recommend to bring the inquiry on incomes in which the salary not below certain level, depending on the sum of the desirable credit will be specified. It is necessary for successful passage of credit committee and positive decisions for benefit of the potential borrower.
Since that moment as the borrower ceases properly to carry out of the obligations on the credit agreement, the bank begins check of legality of reception by the borrower of the credit. Basically the inquiry on incomes as one of the basic documents which it is necessary to give to bank confirming to the material stability is exposed to the most careful check. Therefore in most cases the bank “finds out” that the inquiry on incomes has fictitiousness signs.
To force the borrower to carry out of the credit obligations, the bank can put in the statement in law enforcement bodies about criminal case excitation. However in practice banks have already faced reception of resolutions about refusal in criminal case excitation.
One more “invention” of bank is attempt of excitation of criminal cases concerning the borrower. Within the limits of the initiated criminal cases banks also submit the civil suit, and it is recognize as civil claimants that contradicts rates of the current legislation as on the basis of laws there should be a causal relationship between illegal penal act and the come is material-harmful consequences. Entering into official documents of obviously inveracious sheets – drawing up of the inquiry on incomes – doesn’t bear material consequences. Hence, there are no also bases for excitation of criminal cases on the above-stated category of disputes.
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