We often hear fans and customers complain that "the old guy is not punished, everything is equal to 0". But in fact, as long as certain conditions are met, the old lai can also be sentenced, but many people don't understand that the conditions for the old lai to be sentenced are met.
There are also relatively unclear points in the law when defining whether the old man is criminalized, or the judicial interpretation is not completely unified with the wishes of the people.
Therefore, today, according to the information of the Judicial Case Research Institute of the Supreme People's Court, Brother Yu will talk to you about how to meet the conditions for refusing to execute the crime of going to prison for Lao Lai.
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. The crime of refusal to execute
At present, the law does not directly address the criminal penalty provisions for non-payment of debts. However, the creditor can let the old man go to prison in the name of refusing to execute the judgment or ruling, which is also the most mainstream serious punishment in debt disputes.
In order to be found guilty of refusal to execute, the following five circumstances must be met.
1.1. The person subject to enforcement conceals, transfers, intentionally destroys property, transfers property without compensation, or transfers property at an obviously unreasonable low price, making the judgment or ruling unenforceable;
1.2. The guarantor or the person subject to enforcement conceals, transfers, intentionally destroys or transfers the property that has been provided as a guarantee to the people's court, making the judgment or ruling unenforceable;
1.3. After receiving the notice of assistance in enforcement from the people's court, the person with the obligation to assist in enforcement refuses to assist in enforcement, making it impossible to enforce the judgment or ruling;
1.4. The person subject to enforcement, the guarantor, or the person assisting in the enforcement conspires with the staff of the state organ to use the authority of the staff of the state organ to obstruct the enforcement, making the judgment or ruling unenforceable;
1.5. Other situations where you have the ability to enforce but refuse to do so, and the circumstances are serious.
In addition to the above four clear circumstances, there are refusal to report or falsely report property circumstances, violation of the people's court's orders restricting high consumption and related consumption, and refusal to enforce after compulsory measures such as fines or detention are employed. and influencing enforcement through destruction, threats, bribery, etc., is also regarded as the crime of refusal to execute.
At the same time, including refusal to deliver, refusal to move out, obstruction of enforcement through false litigation, and use of violent means against enforcement personnel, causing creditors to suffer heavy losses, etc., are all crimes of refusal to execute.
Article 2 of the Judicial Interpretation on the Crime of Refusal to Enforce provides that those who refuse to perform after being fined or detained, as well as those who refuse to perform through means such as destruction, threats, coercion, and bribery, as well as refusal to deliver, collude with others in false litigation, violently obstruct or insult, and snatch enforcement materials, etc., are all other circumstances.
However, although there are many cases in which the crime of refusal to execute is determined, it will be more difficult to meet the objective constitutive elements of the crime of refusal to execute.
2. Objective conditions
If an old man is to be convicted in the name of refusal to execute, then the following three objective conditions must be met.
First of all, the perpetrator must have the ability to perform the execution; At the same time, there must also be the fact of refusal to perform, and it is also necessary that the perpetrator's refusal to perform has caused serious consequences.
The most important thing here is that the perpetrator's refusal to carry out the act has serious consequences. If the person subject to enforcement conceals, transfers, intentionally destroys property, transfers property without compensation, or transfers property at an obviously unreasonable low price and cannot reach the level of serious circumstances, that is, serious circumstances that make the judgment or ruling unenforceable, the person subject to enforcement shall not be found to constitute the crime of refusal to execute.
Each judge has his or her own understanding of the circumstances in the determination of the crime of refusal to execute, so the Hebei Provincial High Court has established a unified standard.
Among them, if the amount that cannot be executed by an individual reaches more than 20,000 yuan, and the unit (company) reaches more than 150,000 yuan, and exceeds 10% of the amount of the subject matter of enforcement, it is a refusal. In addition, those who cause the person subject to enforcement to have no assets, intentionally destroy them, cause major economic losses to others, or other serious consequences, are also guilty of refusal to execute.
The Fujian Provincial High People's Court even reduced the amount of transferred assets to 10,000 yuan for individuals and 30,000 yuan for units.
Although the law has issued a lot of laws and regulations on the determination of the crime of refusal to execute, in reality, we have found that the court does not say that the case is transferred to the public security organ and the procuratorate initiates a public prosecution, but the cases of direct detention are relatively rare.
In fact, there are two main reasons: on the one hand, the crime of refusal caused by debt disputes, the core of which is the crime of deterrence, so many courts will invite a large number of old people who have borrowed money and failed to repay it to observe when making judgments; On the other hand, the purpose of a debt dispute is to repay the money, not to punish a party, so there are not many crimes of refusal to execute that are brought by the public prosecution.
At the same time, however, it is much more difficult to adduce evidence by adopting the method of individual private prosecution and refusal to execute the crime than that of a public prosecution. It can be said that there is still a long way to go for the old man to go to prison.
3. The last resort
Regardless of whether the court initiates a public prosecution or an individual initiates a private prosecution, it is necessary to recognize a very cruel reality, that is, the court has a huge workload and a shortage of staff, so it will not put so much energy into more difficult cases.
You can be dissatisfied, but that's the reality!
Therefore, our creditors must learn to find clues of relevant evidence by themselves, whether it is to force the other party to repay the debt through the court, or to find evidence of the other party's refusal to execute, the creditor needs to find evidence.
As a fan of Mata, you should know that in Mata's case, 80% of the asset clues are provided by creditors, after all, it is impossible for the court to send a person to investigate only one case over the years. Therefore, everyone still has to learn to rely on themselves, and all offline supervision, execution rewards, social platform supervision, etc., must be used!
Brother Mata hopes that every enforcement case can be handled fairly, and I hope that it can help everyone!
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! Recovering debts is not only the responsibility of the court, but also the responsibility of creditors. If the creditors don't take the initiative, who will take the initiative to help you? The litigation fees and compulsory fees charged by the court are not fees charged for market transactions. So, everyone must understand!
Finally, friends who haven't followed Brother Mata yet, you can hurry up and follow Brother Mata! Friends in need can also like, favorite, and retweet this tweet.