"A good man wants to hurt his wife, I have borrowed money, and I have nothing to do with my wife!" Court: The false statement is not a real responsibility!

According to the newly issued "Work Guidelines for Paying the False Statement of the Parties in the Civil Litigation (Trial)" issued by the Ningbo Intermediate People's Court, the People's Court of the Lizhou District of Ningbo recently punished the first batch of false statements.

What are the stories behind these four cases? Look at it together!

The plaintiff Wang charged the defendant Zhao and Liu's civil loan disputes to the Yinzhou Court. The plaintiff advocated that the loan belonged to the joint debt of the husband and wife of Zhao and Liu, and asked Zhao to return the loan of 50,000 yuan. Liability.

During the trial, the defendant claimed that the loan was used to return the gambling debt and did not use it for the joint life of the husband and wife. Therefore, the judge asked the repayment of the defendant's "gambling debt" in detail.

The adverse consequences of the undertaking judge to explain the false statement, the defendant Zhao finally admitted that he was relieved of his wife Liu to bear the debt, and then he lied to the court that the loan was used to return the gambling debt, trying to negate the case by fictional gambling debts. The borrowing is used for the fact that the husband and wife produce and live together.

The Dazhou Court gave Zhao's false statement of fabricating the facts. Coincidentally, in another case of Han and Zhang's private lending disputes, the defendant Li also lied to the borrowing for individual squandering in order to allow his wife Zhang to avoid debt. However, after investigation by the Judge of the Office, the defendant Li remitted the money into the company that was jointly operated with Zhang after the loan, and used it to operate the need. The Dazhou Court offered the act, and the defendant Li also acknowledged the mistakes and regretted it.

Judge said:

In the above cases, the actions of Zhao and Li's two parties belong to the false statement of fabricating facts. Because the two defendants took the initiative to admit that they did not cause substantial consequences and had a good attitude, the Puzhou Court had repented on the two of them and dated the two.

Although the two cases have not made a penalty decision, the handling of the two cases will also be entered into the integrity litigation system, and the two will still be punished by credit. Any statement made by the parties in the process of litigation should be true and reliable, and is responsible for their statements and behaviors. Any behavior that trys to escape responsibility by fabrication of lies will be sanctioned by law.

According to the Ningbo Intermediate People's Court's "Work Guidelines for Paying the False Statement of the Persons in Civil Litigation (Trial)", if the parties have one of the following circumstances during the lawsuit, they are false statements for fabricating facts:

(1) intentionally provided the court's false address and contact information to the court;

(2) Delicate materials deliberately provide proof materials such as the location of the false household registration, the place where frequent residence or the main office of the legal person, etc., to change the jurisdiction of the litigation;

(3) Knowing or knowing that the basic facts are false, deliberately fictional legal relationships, filed lawsuits, applying for preservation or misalignment of lawsuits, and proposing objections;

(4) Knowing or knowing the fact that the other party claims, and still intentionally fabricates the facts to defend;

(5) Using bank transaction records, Alipay, WeChat transfer records and other evidence to fabricate the nature of the money;

(6) In the divorce litigation, the common debt during the duration of the relationship between the relationship between the relationship between the relationship between the relationship between the relationship between the husband and wife;

(7) The rights of claims, priority compensation and other property rights shall be declared during the trial of the bankruptcy case;

(8) Calked with others maliciously, fabricate the relationship between claims such as leasing and guarantee relationships;

(9) Other behaviors of fabrication.

The plaintiff Han sued the defendant Xie Mou's dispute over a civil loan dispute. The plaintiff advocated that Xie Mou borrowed 10,000 yuan from him, deducted 1,000 yuan that Xie Mou had returned, and still borrowed 9,000 yuan.

The defendant Xie Mou's argument said that he had returned 1500 yuan to Han and returned 2,000 yuan to Han's friend "Leopard", but the plaintiff Han had denied the defendant Xie's defense content.

After the defendant submitted the repayment evidence and the undertaking the judge explained the consequences of the false statement to the plaintiff, the plaintiff confirmed the repayment of the defendant to him, and explained that the partial forgotten was not deducted. The repayment still indicates that it has nothing to do with it.

After the defendant showed the corresponding chat record, it showed that the plaintiff had known to the "leopard" that the plaintiff recognized the repayment of the 2,000 yuan, but still quibbled that he couldn't remember it. The Dazhou Court taught Han on the spot, but Han never regretted it.

On July 7, 2022, the Lizhou Court imposed a fine of 3,000 yuan in a fine of the false statement that he deliberately concealed the facts.

Judge said:

In the case of civil lending, the parties should be verified and confirmed by the repayment of the borrower before sue, and the repayment situation was truthfully stated to the court, otherwise it would be sanctioned by law. In this case, the plaintiff did not deduct the defendant's repayment amount when the prosecution was sued. After the defendant proposed the defense, he still maliciously denied the relevant facts. The obvious unreasonable excuses have argued that they have constituted false statements to conceal the facts.

Although this case has not caused the result of the error and did not cause actual losses to others, it has hindered the order of the lawsuit, and the false statement of the party may be fined or detained on the parties.

The Ningbo Intermediate People's Court "Guidelines for the Paralympic Statement of the Pickup of the Parties (Trial)" stipulates that if the parties have one of the following circumstances during the lawsuit , Deliberately conceal the actual lender, filed a lawsuit in the name of creditors;

(2) Concealing the actual creditor's rights, the amount of the debt, the debtor has fulfilled the claims, interest, "cutting interest", "home visits", deposit and other issues, or deliberately provided incomplete bank transaction records and other evidence;

(3) Knowing that the referee or the fact that the case is being tried is related to this case, it is concealed intentionally when prosecution, which affects the trial of the case;

(4) The parties know the facts of their signatures, company seals, and employee identity, and deliberately deny or use "unable to remember" and "forgot" and other unreasonable excuses to deny them;

(5) The parties holding documentary evidence, physical evidence, audiovisual information, electronic evidence, etc., refuse to provide it without justified reasons;

(6) The executed person deliberately concealed the property, it is better to report it;

(7) Other acts of concealing facts.

Xie Mou provided hotel supplies to a hotel in Puzhou for a long time, but since last year, he has not received the payment on schedule. Xie Mou urged 8,000 yuan to ask the hotel. I signed my name at the settlement office.

Zhu's lack of strips:

Later, the hotel was applying for bankruptcy due to the insufficient debt of the debt. Xie saw that he was hopeless and his heart was born. A joint payment obligations to the debt of the hotel.

IOU submitted by the plaintiff:

During the trial, the judge found that Zhu was used as a cashier. He was more cautious about signing. He had a handprint in the lack of signatures and the specific amount of the specific amount. Zhu Moucai presented the underwriting photo of the IOU issued to the court. There was no signature of Zhu Mou in the text in the photo. Zhu Mou submitted a written application application to the court for his self -evidence. The judge informed Xie the legal consequences of the false lawsuit and asked him again if he had false evidence. Xie Mou never recognized his evidence of tampering. Zhu's name was not written by Zhu himself.

On July 8, 2022, the court decided to reject Xie Mou's claim for Zhu Mou, and Xie Mou borne all litigation fees and appraisal fees, and imposed a fine of 5,000 yuan for Xie's actions.

Judge said:

In this case, Xie's behavior has a false statement and forgery of evidence in the case, and should be punished in accordance with the principles of heavy weights. In order to safeguard their rights and interests, the parties want to win the lawsuit. They have nothing to do with it, but in order to play small cleverness in the court in order to illegally, to engage in small movements in the lawsuit, not only seriously depart from the principle of integrity and fairness, harm the rights and interests of the other party, and waste judicial resources, obstruct the obstructive judicial resources, obstruct the obstructiveness Judicial justice and challenging judicial authority will be severely sanctions from judicial organs.

Source Ningbo Intermediate People's Court

- END -