Witness to be a witness, but became a debtor because of his anger

Originally, he was kindly intentionally witnessed when others borrowed. As a result, he was involved in the lawsuit and became the defendant. The wrong case was corrected by the Shandong Fat City Procuratorate in accordance with the law. In order to prevent such cases from happening again, the Feicheng Procuratorate has established a working mechanism for cooperation and cooperation with the city's courts to further strengthen the procuratorial supervision work of trials and implementation links.

In September 2010, Wang Gang (a pseudonym) borrowed 50,000 yuan from the remote relative Wang Dong (pseudonym) to repay the bank loan, and made a debit. At that time, Wang Dong proposed to find a witness, and Li Zhongshan (a pseudonym) who came to the door happened to catch up. Out of good intentions, Li Zhongshan signed his name under the debit.

In May 2011, because Wang Gang did not get money, Wang Dong brought him to court with Wang Gang on the grounds that Li Zhongshan's common debtors. Li Zhongshan, who received the court's subpoena, did not play a place: "I was a witness for good intentions, what did I sue me?"

Because Li Zhongshan was always absent from the trial, the court could not find out whether Li Zhongshan was a co -borrower, a guarantor or a witness. He had to determine that Li Zhongshan signed on the debit on the debit is one of the common debtors, and he assumed the responsibility of repayment with Wang Gang. Subsequently, the court seized Li Zhongshan's salary account in accordance with the law.

Li Zhongshan's downturn at that time could not pay wages, so there was no property in the salary account. In this way, Li Zhongshan himself did not know that he had been seized. It wasn't until September 2011 that when Li Zhongshan retired, he had money on his salary account, but he could not be removed because his account was seized. However, at this time, he had already passed the appeal period.

In April 2015, Li Zhongshan found Wang Gang and Wang Dong, let them write a situation, and provide the court with relevant materials for re -examination. The Feicheng Court believes that the materials provided by Li Zhongshan are not in compliance with relevant laws and regulations. They cannot start the retrial procedures, reject his appeal request, and inform him of finding new evidence as much as possible. The longer the time, the more difficult it is to find.

In March 2021, when the Feicheng municipal law organs launched a special legal inspection activity, the clue of the case was discovered. In April of the same year, the case was transferred to the Fat Urban Procuratorate for handling. The court set up an investigation team to retrieve the relevant materials of the case in the court, and discussed with the judge and executive judge to understand the physical evidence and procedure evidence of the case. After learning that Li Zhongshan was nearly seventy years old and the travel was inconvenient, the investigation team made a special trip to Li Zhongshan's house to verify the situation.

According to Li Zhongshan, he only went to Wang Dong's house occasionally at that time. He was just a witness. He had no money and could not guarantee them.

The prosecutors of the investigation team repeatedly reviewed the case -related files, re -sorted out the case information, and finally found a doubt: the defendant listed in the complaint was "Li Zhongshan" instead of Li Zhongshan. Writing the name of the defendant is very rare. The prosecutor also found that the word "bell" signed by Li Zhongshan was abstinence, which is very similar to "Zhong". Wang Dong may only think that Li Zhongshan is called "Li Zhongshan" with only the signature on the article, and did not further verify him. True identity.

"If Li Zhongshan is a common debtor or guarantor, Wang Dong should verify his identity information before. Perhaps, Li Zhongshan is really a less critical witness." Said the prosecutor.

The prosecutor once again found the party Wang Gang and Wang Dong, and they also acknowledged the fact that Li Zhongshan was a witness rather than a borrower or guarantor. On April 14, 2021, the Feicheng Procuratorate issued a procuratorial suggestion to the city's court, suggesting that the court was a retrial procedure for the case, and the court adopted procuratorial suggestions.

During the re -trial, Wang Dong, who knew that he had lost his losses, filed a withdrawal request to the court.

Since then, with the joint efforts of the procuratorate and the court, the disputes between the two parties due to the disputes such as the existing expenses and the calculation of bank interest calculation have been reconciled. Wang Dong agreed to refund the salary of Li Zhongshan's execution and was willing to bear the relevant litigation costs with Wang Gang.

In June this year, the case was implemented in accordance with the law. (Prosecutor's Daily Kuangxue Meng Lingyu)

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