The old man transferred the assets in his name and insisted on borrowing the money and not paying it back, but the creditor had no way to repay the debtor within the scope of the law, and could only watch the debtor live comfortably every day, but he could not do anything about it.
However, in fact, as long as the debtor meets the following characteristics, then the court can detain or even sentence him for the crime of refusing to execute, so as to achieve the purpose of safeguarding the interests of the creditor.
Therefore, today, based on several real cases, Brother Ma will explain to you, under what circumstances can the creditor make the debtor be sentenced? If the court is unable to initiate a public prosecution, can the creditor still let the old man who transferred the assets and refused to repay the money be sentenced or even imprisoned?
Friends who haven't followed Brother Mata can like and follow Brother Mata. If you have a loan dispute with an amount of more than 1 million, and the appellate court is in Chengdu, then you can tell your story to Brother Mata, and it may be able to help you.
1. Violent refusal
Loan disputes are civil disputes and do not involve criminal penalties, but if the civil dispute escalates, it may escalate to criminal proceedings.
Taking a debt dispute as an example, if the debtor still resists enforcement by violent means after the court has made a judgment, then the court will regard it as refusing to enforce, and it will also commit the crime of refusal to enforce and will be subject to criminal punishment.
For example, in the case of a store in Qinnan District, Qinzhou City, Guangxi Zhuang Autonomous Region, Nali sued Deng Mouyou and Deng Mouren, the persons subject to enforcement, in a dispute over the protection of property rights.
In 2014, the Qinzhou Intermediate People's Court made a final judgment, ordering Deng Mouyou and Deng Mouren to immediately stop the infringement of the land owned by a store in Nali, Qinnan District, and cut down the eucalyptus trees planted on the land for sale, but Deng Mouyou and Deng Mouyou refused to execute.
However, in November 2016, when the local court organized the police to enforce the law on the spot, the person subject to enforcement, Deng Mouyou, suddenly held a steel long-handled machete and hit the scene cordon, and used the machete to drive away the woodcutters and court officers, causing the workers to flee in fright and the enforcement work could not be carried out.
This act has already complied with the provisions of Article 313 of the Criminal Law: "Whoever refuses to enforce a judgment or ruling of a people's court if he has the ability to enforce it, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine; Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph. ”
Therefore, in the end, the court convicted Deng Mouyou of refusing to carry out the judgment and ruling, and sentenced him to 10 months in prison.
With the progress of the times and the popularization of the law, the number of cases of resisting court enforcement in the form of violence is gradually decreasing, and it has been replaced by a form of refusal to enforce that is more difficult to obtain evidence and difficult to identify.
2. Transfer of detention
Among the large number of refusal to enforce the law, the most conventional refusal is actually to collect the assets that belong to you in the capacity of another person, and then transfer them back offline or in other ways to achieve the purpose of refusal.
For example, after a private loan dispute occurred between Lu and Zhou and Xie in Qinnan District, Qinzhou City, Guangxi Zhuang Autonomous Region, the Qinnan District Court made a judgment in 2013, requiring Lu and Zhou to jointly repay the loan of 44,000 yuan and pay the corresponding interest. However, after the court judgment took effect, Lu and the others refused to perform.
Later, after investigation and verification, the Qinnan District Court found that in October 2014, a villager group in Qinzhou Port, where Lu worked, received land compensation for land acquisition and demolition, and Lu could share the compensation of 60,089 yuan.
However, in order to achieve the purpose of debt collection, Lu colluded with the leader of the villagers' group to transfer Liu's land requisition compensation into the account of Lu's relative, and then the relative took out the money and transferred it to Lu.
After learning of this situation, the court immediately notified Lu to report his property and perform his obligations, but Lu still refused to perform his obligations and refused to declare his assets.
Therefore, in September 2016, the enforcing court made a first-instance judgment, constituting the crime of refusing to enforce the judgment or ruling. However, because Lu voluntarily pleaded guilty and immediately paid off all debts after being brought to justice, he obtained the forgiveness of the person applying for execution. So in the end, Lu was sentenced to five months of detention.
In his communication with fans, Mata found that many creditors would give up when they could not find the assets in the debtor's name, and instead complained about the court's poor enforcement.
In fact, when the court has limited manpower, if the creditor can have more information about the debtor's income, it will help the court to enforce the law. That is to say, even if the creditor does not need to provide a complete link, the creditor must provide clues about the debtor's money, and then the court will verify it.
At the same time, it should be understood that, under normal circumstances, if there is a transfer record on the debtor's mobile payment, it cannot be used as evidence, because it cannot be determined that the funds are owned. However, assets with clear attributes, such as demolition money, compensation, wages, etc., can be determined to be owned by the debtor, and if the other party transfers the assets at this time, it is a crime of refusal to execute.
Of course, in addition to receiving money from other people's accounts, there are many acts of transferring assets in reality, such as intentional mortgage.
3. Intentional mortgage
Intentional mortgage is not commonly used in asset transfer methods, but there are many people who will transfer assets in the form of buying at a high price or selling at a low price, intentional mortgage, etc.
In the case of a motor vehicle traffic accident dispute between Huang and Zhang tried by the Qinzhou Intermediate People's Court, in December 2013, the court ruled that Zhang should compensate Huang for economic losses of about 213,900 yuan. However, after the judgment took effect, Zhang still refused to perform.
Moreover, what is even more infuriating is that the court found that during the enforcement period, Zhang also funded the purchase of a BMW 5 Series luxury car, and deliberately mortgaged the vehicle to others to hide and transfer property, making the effective judgment of the court unenforceable.
Therefore, on December 27, 2016, the court imposed criminal punishment on the person subject to enforcement, Zhang, for the crime of refusing to execute the judgment or ruling. However, because Zhang voluntarily pleaded guilty after being brought into the case and automatically fulfilled the obligation of compensation, he obtained the forgiveness of the person applying for enforcement. In the end, he was sentenced to three months' detention by the court.
Through the explanation of the above three cases, we can find that when the debtor refuses to repay the loan in various ways, it can actually send the debtor to a prison cell, and force the debtor to repay the loan with the punishment of imprisonment.
However, in many cases, the court does not have the core purpose of putting the debtor in prison, so it is not often that the court transfers the crime of refusal to execute to the public security organ for investigation. Second, the public security organs will also determine that the case is filed for the crime of refusal to execute based on the evidence provided by the court at the time of transfer. However, except for the fact that the evidence is particularly clear, it is generally difficult for the police to file a case.
Therefore, after the public security organ refuses to file a case, the creditor can also adopt the method of criminal private prosecution, so that the debtor's transfer of assets and refusal to perform can be punished as it should be.
In addition, a large number of practices have proved that criminal detention and sentencing of debtors is the best way to force debtors to repay their loans. Therefore, the creditor can try to start from this direction, and of course, he can also communicate with Mata.
Finally, it may be helpful to provide a solution for friends who are really desperate, that is, if the court of appeal is in Chengdu, and the amount owed by the other party exceeds 1 million, and the application for enforcement has been more than 3 years, but there is still no effect. Brother Ma suggested that you can tell the story to Brother Ma and teach you to subdue the old man.
In addition, it should be reaffirmed that the courts are a place where legal fairness and justice are demonstrated, and the Court Enforcement Directorate is also faced with the reality of insufficient manpower. Therefore, if you simply hope that the court can complete everything except your appeal and help you successfully get the debt, you must be prepared for the possibility of failure.
All debtors must remember that it is not only the responsibility of the court but also the responsibility of the creditor to recover the debt. If the creditors don't take the initiative, who will take the initiative to help you? The litigation fees and compulsory fees collected by the court are not used as fees for market transactions. So, everyone must understand!
Finally, friends who haven't followed Mata Brother yet, you can quickly follow Mata Ge!