The man sued his ex -wife to ask the other party to return the car, court: suspected theft crime

Ji Mu Journalist Sun Tingting

Correspondent Li Houpeng Dong Xingxing

Intern Peng Jiani Wang Weilong Liu Mengyu

After the divorce of Mr. Zhang in Wuhan, he found that the car parked at the door of the house was drove away by his ex -wife Wang, and Ms. Wang refused to return the car. In order to recover the vehicle, Mr. Zhang called Ms. Wang to court at the same time and asked the other party to return the car. After the judge reviewed the case and the public security organs issued certification materials, they believed that Ms. Wang's behavior was suspected of theft, rejected Mr. Zhang's prosecution requirements, and informed her to safeguard her rights and interests.

Xinzhou Court data chart (picture provided by correspondent)

Mr. Zhang and Ms. Wang registered for marriage in 2017. Before the marriage, Mr. Zhang invested in buying an off -road vehicle and handling licenses to register the ownership of the car under his own name. Due to the disagreement after marriage, in November 2019, the two agreed to divorce. After the divorce, the two sides lived each other. In May 2020, Mr. Zhang found that his car was gone, and later found that Ms. Wang drove away the car. Ms. Wang believed that the car should belong to the property after marriage, so she drove away. After coordination, Ms. Wang returned the car to Mr. Zhang.

Unexpectedly, a month later, the off -road vehicles parked on the road outside the community disappeared again. Mr. Zhang called the police, but Ms. Wang refused to return. In August 2021, Mr. Zhang believed that Ms. Wang drove off the off -road vehicle without permission, violated her rights and interests, and brought Ms. Wang to the Xinzhou District Court of Wuhan City on the grounds of divorce.

After reviewing the materials of the case in detail, the organizer believes that the case may be suspected of theft of crime and does not belong to the scope of civil law adjustment. In order to further find out the facts of the case, the judge notified Mr. Zhang to the court. After inquiring, Mr. Zhang talked about the original committee and submitted the "Certificate" issued by the public security organs on whether the case was suspected of criminal crimes. After investigation and verification by the judge of the Office, the authenticity of the "Certificate" was confirmed.

After the judge understands the situation, he believes that although Mr. Zhang advocated a civil dispute in this case, he claimed to Ms. Wang that the fact that the car returned the vehicle had reported to the public security organs. " The case is still in the investigation stage and no final conclusion is made, but Mr. Zhang has the same fact and at the same time starts the method of judicial relief in criminal and civil lawsuits, which does not comply with the relevant provisions of the Civil Procedure Law of the People's Republic of China. In May 2022, the Xinzhou District Court made civil referees in accordance with the law and ruled that Mr. Zhang's prosecution was rejected. At present, the case has taken effect.

The undertaking judge explained that the case was a typical criminal cross case. After the parties reported to the public security organs to seek the relief of rights and interests, they also conducted civil lawsuits to the people's court with the same facts, violating the relevant judicial interpretation of the civil procedure law and the Supreme People's Court of the Supreme People's Court. It is stipulated that the prosecution shall be rejected in accordance with the law. When maintaining their legitimate rights and interests, the parties should seek legal relief with correct channels, otherwise they will be counterproductive and take more detours. (Full -text surname)

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