Criminal cases of refusing to execute judgments or orders

2022-04-24 0 By

In June 2013, li mou lease zhao mou home appliance and hutch defends appearance room management, in March 2014 and rental deposit zhao mou family room home appliances and sanitary ware goods, on the evening of February 16, 2018, to store goods concierge is on fire, public security fire brigade after put the fire out, to make the fire accident, think that the cause not rule out the possibility of legacy fire fire,Mainly because zhao mou improper operation caused.July 3, 2018, Li filed a civil lawsuit, zhao compensation for economic losses, September 20, 2018, heyang County people’s Court made a civil judgment, zhao compensation li 179,038 yuan loss.Zhao refused to appeal, On December 30, 2018 weinan City Intermediate People’s Court made a civil judgment, judgment Zhao compensation Li was burned commodity losses of 178057.61 yuan.After the verdict took effect on January 24, 2019, Zhao did not take the initiative to perform the obligation to pay, li applied for compulsory execution.After the heyang County People’s Court filed the case, on March 29 of the same year, the defendant Zhao served a Notice of execution and a Property Report order. Zhao paid 2,000 yuan on May 10 and 3,000 yuan on May 20, respectively, and then stopped performing.On August 14, heyang County People’s Court refused to execute the judgment on the defendant Zhao to take judicial detention for 15 days, but it still refused to execute.In June 10, 2020, heyang County people’s Court from the defendant zhao home search cash 21,840 yuan, and Zhao in the new pool town streets have five facade rooms for rent, its oneself also operate wholesale department stores, proving that Zhao is fully capable of fulfilling the judgment, but refused to execute the people’s court judgment.After the incident, Zhao’s family members actively performed on behalf of the remaining execution funds have been completed on March 23, 2021, to obtain Li’s understanding.The court believes that the defendant Zhao mou has the ability to execute the people’s court judgment, ruling and refused to execute, its behavior constitutes the crime of refusing to execute the judgment, ruling.In view of the defendant Zhao voluntary confession, repentance, has performed all obligations, obtained the understanding of the other party, combined with the evaluation of community correction institutions, the defendant Zhao light punishment and probation.In accordance with the criminal law of the People’s Republic of China, the third paragraph of article sixty-seven of the first paragraph of article three hundred and thirteen, paragraph 1 of article seventy-two, paragraph 3, and the criminal procedure law of the People’s Republic of China the provisions of article 15, to make the following sentence: the defendant refuses to execute the judgment or written order sin of zhao mou, sentenced to a year, the probation for one year.Article 313 Whoever refuses to execute a judgment or written order of a people’s court when he is capable of doing so, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or be fined;If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.”Criminal Law of the People’s Republic of China” Article 67 Voluntary surrender refers to a person who, after committing a crime, confesses his crime truthfully.A criminal who surrenders himself may be given a lighter or mitigated punishment.Those who commit a relatively minor crime may be exempted from punishment.Where a criminal suspect or defendant under compulsory measures or a criminal serving a sentence truthfully confesses other crimes of his own that are not known to the judicial organ, it shall be regarded as voluntary surrender.”Criminal Law of the People’s Republic of China article 72 If a criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years is proved to have no further harm to society according to the circumstances of the crime and the performance of his repentance, a suspension of the sentence may be pronounced.If an additional punishment is imposed on a criminal whose sentence is suspended, the additional punishment shall still be executed.Article 15 If a criminal suspect or defendant voluntarily confesses his or her crime truthfully, admits the accused facts and is willing to accept punishment, he or she may be dealt with leniently in accordance with the law.Source: Rule of law heyang Editor: Wang Qian