The first case of "refusal crime" in Zaoyang City, Hubei Province, recovery

Jimu Journalist Zhou Pingying

Correspondent Liang Jun Wang Yang

On August 29, Jimu Journalists were informed that the first settlement of the People's Court of Zaoyang City, Hubei Province, refused to implement the judgment and ruling cases, and reached an implementation of a reconciliation agreement with the parties, and the prosecutor ended up. This is also the first case of "refusal" self -prosecution accepted by the hospital.

In the case of traffic accident responsibility for Wang and Zhao, the Zaoyang City Court ordered Zhao to compensate Wang for more than 63,000 yuan. Zhao did not accept an appeal. Later, the Xiangyang Intermediate People's Court issued a rejection appeal and maintained the final judgment of the original judgment. After the expiration of the performance period, Zhao has never fulfilled his obligation. In May 2018, Wang applied to the Zaoyang City Court for compulsory implementation.

During the implementation, the Zaoyang City Court sent documents such as execution notice and reporting property order to Zhao in accordance with the law. After the executive judge was inquired, from July 1, 2018 to February 11, 2022, Zhao had multiple storage and withdrawal business on the account of Agricultural Bank of China and the China Construction Bank. It belongs to the ability to fulfill the obligation of effectiveness and refuses to perform.

As a result, Zaoyang City Court transferred criminal clues to the public security organs with suspected refusal to commit crimes, but the public security organs have not paid a case. On July 21, 2022, the applied executive, Wang, filed a criminal prosecution to the Zaoyang City Court in accordance with the law, asking for investigation of Zhao's criminal responsibility.

The Zaoyang City Court considers that it meets the case for the case, provided a case for acceptance, and sent Zhao to legal documents such as criminal self -prosecution.

award

During the trial, Zhao took the initiative to reach an implementation of a reconciliation agreement with Wang Moumou, and paid Wang Mou's compensation and delayed performance of 70,000 yuan on August 15, 2022. Subsequently, Wang applied to withdraw his prosecution. After reviewing the Zaoyang City Court, the ruling was allowed to withdraw the lawsuit, and the case ended.

It is understood that this is the implementation of the "Explanation of Several Issues on Trial of Judgment and Ruling on Criminal Cases" in 2015, the Supreme People's Court was implemented. The first case. The acceptance of the case in this case not only effectively crack down on the arrogance of "Lao Lai", but also conducts useful explorations to cracking "difficult implementation" through criminal trials, and further established judicial authority and execution deterrence.

Links:

"Notice of the Supreme People's Court on the Acceptance of Case Acceptance of Crime Crime Crime Case Acceptance": The People's Court transferred to the public security organs to refuse to implement the judgment and ruling the crime clue. If the clue will not be given a written reply within 60 days, or if the people's procuratorate decides not to prosecute, the people's court may explain to the applicant; If the property rights shall be investigated for criminal responsibility in accordance with the law, the people's court may file a case by a self -prosecution case.

Article 3 of the Supreme People's Court on Several Issues of Laws of Refusal to Practice and Ruling Criminal Cases ": The application for the executor has evidence to prove that the following situations have the following situations. Three provisions are filed by the self -prosecution case: (1) those who have the obligation to enforcement refuse to implement the judgment and ruling, infringe the personal and property rights of the application for the executor, and shall be investigated for criminal responsibility in accordance with the law; (2) Application for execution People have filed a complaint, and those who have the obligations of the public security organs or the People's Procuratorate do not investigate criminal responsibility.

(The picture is provided by the correspondent)

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