The man didn't want to pay back,
In front of the judge
tear up the evidence in court,
Also swallow it in your mouth......
Such behavior,
The result, of course: penalty!
Replay of the case
In the trial of a contract dispute case, the defendant Xiao did not recognize the original submitted by the plaintiff Liu with his written commitment to return 200,000 yuan, and the presiding judge informed him that he could apply for handwriting evaluation, but the defendant Xiao asked to see the original evidence again.
When inspecting the original evidence, the defendant Xiao suddenly tore off the original evidence he promised to return 200,000 yuan and stuffed it into his mouth in an attempt to destroy the evidence, but the presiding judge immediately stopped it.
"If you don't admit the evidence, you can apply for a handwriting test. However, your act of destroying the original evidence has seriously disrupted the order of the court, and you will have to bear the corresponding legal consequences. The presiding judge seriously criticized and educated Xiao and patiently explained the law and reasoned.
Court disposition
In view of the fact that Xiao's act of destroying the original evidence was in line with the circumstances of destroying important evidence and obstructing the people's court's trial of the case, in accordance with the provisions of the "Civil Procedure Law of the People's Republic of China" and his attitude of admitting mistakes, the Shaoyang County People's Court made a "Decision" in accordance with the law, deciding to detain Xiao for 15 days and fine him 10,000 yuan.
Decision letters
Xiao's review book
What the judge said
The authority of the law brooks no provocation, and the solemnity of the court brooks no violation. Anyone who strictly abides by the courtroom order, rationally expresses his own demands and views in accordance with the law, and any act that obstructs the court's trial, disrupts the courtroom order, or provokes the dignity of the law, such as insulting judges, tearing up evidence in court, fabricating evidence, and snatching files, will be punished by law, and will be investigated for criminal responsibility if the circumstances are serious. When encountering disputes and problems, the parties should resolve them through legal channels and do not take extreme measures to avoid bringing greater losses to themselves.
Links to legal provisions
Civil Procedure Law of the People's Republic of China
Article 113:Litigation participants and other persons shall abide by court rules.
People's courts may admonish those who violate court rules, order them to leave the courtroom, or impose fines or detention.
The people's courts are to pursue criminal responsibility in accordance with law for those who make a disturbance or storm the courtroom, insult, slander, threaten, or assault adjudicators, or seriously disrupt court order; where the circumstances are more minor, they are to be fined or detained.
Article 114:Where litigation participants or other persons exhibit any of the following conduct, the people's courts may impose fines or detention on the basis of the severity of the circumstances; where a crime is constituted, criminal responsibility is pursued in accordance with law:
(1) Fabricating or destroying important evidence, obstructing the people's court's trial of a case;
(2) Using violence, threats, or bribery to prevent witnesses from testifying, or instigating, bribing, or coercing others to give false testimony;
(3) Concealing, transferring, selling, or destroying property that has already been sealed or seized, or property that has been inventoried and ordered to be kept, or transferring property that has been frozen;
(4) Insulting, defaming, framing, beating, or retaliating against judicial personnel, litigation participants, witnesses, translators, evaluators, inquest personnel, or persons assisting in enforcement;
(5) Using violence, threats, or other methods to obstruct judicial personnel from performing their duties;
(6) Refusal to perform on a judgment or ruling of a people's court that has already taken legal effect.
People's courts may fine or detain units that exhibit any of the conduct provided for in the preceding paragraph; where a crime is constituted, criminal responsibility is pursued in accordance with law.
Source: Hunan High Court