The "pit father" son actually falsified his father's signature borrowing

"The son's rush of borrowing was clear, and my hanging heart finally let go." Recently, Lao Shao, who got the court's retrial judgment, called the prosecutor of the case of the Jiande City Procuratorate in Zhejiang Province.

In April of this year, Lao Shao, who was nearly seventy years old, walked into the Jiande City Procuratorate for help: "Prosecutor, help me, the court notified to seal the house where my wife lived, but I really did not help my son guarantee it. How can I be the executor? "

Because Lao Shao's daughter had previously helped him to appeal through the Internet platform, the visiting prosecutor had roughly understood his demands. After communicating with Lao Shao, he quickly clarified the ins and outs of the incident.

A few years ago, Lao Shao's son Xiao Shao hosted a small factory locally. Due to the poor operation of the year, Xiao Shao could only dismantle the east wall to make up the west wall and borrow debts everywhere.

In November 2017, Xiao Shao asked his relative Xu to borrow. When he wrote a debit at the time, Xu asked someone to guarantee. Xiao Shao proposed to bring the debit back to let his father Lao Sha sign for guarantee. Xu agreed. After a few days, Xiao Shao gave him a borrowing to Xu. Seeing that the father and son signed the printed with the borrowing of the borrowing, Xu lent the money to Xiao Shao. In fact, Lao Shao knew nothing about it.

Later, Xiao Shao's factory still did not improve, and the money was naturally not yet on, and he could only hide from debt everywhere. In April 2021, Xu said the father and son of Shao to court. At the beginning of the trial, the court could not contact Xiao Shao, and Lao Shao did not arrive in the court. The court was absent from the judgment of the father and son to return Xu to borrowing within a time limit. Later, Xu applied for compulsory execution.

When the court wanted to seize Lao Shao's real estate, Lao Shao was shocked and wondered: he obviously did not help his son guarantee and did not borrow money. Why became the executed person?

It turned out that Xiao Shao had never mentioned the borrowing of money to Lao Shao at all. The signatures and seals on the debit were all from Xiao Shao's hands, and he signed Lao Shao's name directly to the borrower column.

After understanding the cause and consequences of the case, the prosecutor handling the case believed that the key to the case was to find out the authenticity of the old Shao signed by the borrower. After contacting Xiao Shao, Xiao Shao acknowledged that the signature was indeed signed by himself. However, to make this "fake signature" conforming to the evidence that is in line with the re -trial, it is necessary to identify the signature handwriting.

Therefore, the case handling prosecutor and the technical personnel of the case of the case collected Lao Shao's autograph on the formal document. After running a number of units such as the local town government, archives, banks and other units, I finally collected Lao Shao to receive grain and agriculture subsidies, apply for supplementary marriage to get married. Certificate and formal signature when applying for banking business. The handwriting appraisal shows that the signature of Lao Shao involved in the case was really not written by himself.

The prosecutor handling the case also noticed that there was also a fingerprint of the signature office of the debit on Lao Shao. In order to ensure that everything is lost, it is necessary to identify the fingerprint. However, the technicians made difficulties when extracting Lao Shao's fingerprints. Because Lao Shao worked for many years, his hands were full of calluses, and his fingerprints were blurred and could not be identified at all. At the time of everyone, the prosecutor of the case handling the case: Why don't you change his mind and directly identify the fingerprint of the old Shao's signature office is Xiao Shao? After identification, it was true that the fingerprint of Lao Shao's signature was completely the same as Xiao Sha's right hand fingerprint.

With these evidence, the Jiande City Procuratorate issued a retrial prosecution proposal to the Jiande City Court. Subsequently, the court decided to retrial. Recently, the court made a judgment of the case, revoked the original judgment, and at the same time judged that the original trial defendant Xiao Shao returned the plaintiff Xu to borrow 55,500 yuan. Xiao Shao had no objection to this.

(Source: Procuratorial Daily Author: Fan Yuehong Jin Ting)

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