was awarded compensation by the court, but urgently divorced his wife and "left the house", what kind of legal responsibility should the party bear?
In 2016, the man Li borrowed 3 million yuan from a technology company in Shanghai in the name of the company's manager and signed his name on the IOU. In 2017, the arrears were due, and the technology company urged Li to borrow but was refused.
*Courtesy of the image. In 2018, the technology company that made the loan sued Li, and on May 10 of that year, the court reviewed and found that Li was obliged to repay the loan and sentenced Li to pay the loan of 3 million yuan. Li not only did not repay a penny, but registered a divorce with his wife Zheng on November 11, 2019. The divorce agreement between the two stipulates that all three residences, all property and children jointly owned by the two parties are owned by his wife Zheng, and there is only one scooter left in Li's name.
At the end of 2019, the court ruled that it had been more than a year, and the technology company had not received the arrears, so it filed with the court for enforcement, but after verifying that there was indeed no property available for enforcement in Li's name, the court informed the technology company of the above situation, and the company confirmed and said that it could not provide clues about the enforceable property, and had to agree with the court to make a decision to terminate the enforcement in accordance with the process.
Li was complacent about this. But he never imagined that the case would be turned into a criminal case and transferred to the Qingpu Procuratorate for prosecution.
After taking over the case, the prosecutor in charge of the case held in accordance with the law that Li's enforcement obligation was not affected by the court's ruling to terminate the enforcement until the enforcement was completed or the original judgment was invalidated, which was also clearly stated in the court's enforcement ruling, and Li and his defender selectively ignored it, and Li's "way of exonerating" the malicious transfer of property was self-deception, which not only violated the provisions of the criminal law, but also violated the law. The handling of cases of refusal to enforce judgments and rulings is to maintain the authority of the judicial system, and Li must be punished.
After the procuratorate approved Li's arrest in February 2023, Li's defender took his family to petition after consulting with Li. The procurator who undertook the reception received him in accordance with regulations, and made judicial interpretations many times, exhorting his family to guide Li to pay the compensation on time in order to obtain the understanding of the other company. Under the conclusive evidence, Li's defender began to gradually retreat.
The procurator in charge of the review found that Li's malicious transfer of property through divorce by agreement violated the interpretation of Article 333 of the Criminal Law, and belonged to the situation of "refusing to enforce the law despite having the ability to do so, and the circumstances are serious", which has constituted the crime of refusing to enforce the judgment or ruling. On April 7, 2023, the procuratorate indicted Li in accordance with the law.
On June 9, 2023, the court heard the case. **On the eve, Li contacted the prosecutor through the defender, saying that he pleaded guilty and accepted punishment and was willing to compensate all arrears and interest. Li's family also expressed their willingness to support and cooperate, and signed the settlement compensation agreement.
The procurator affirmed Li's attitude of admitting guilt and accepting punishment, and educated and reprimanded Li in court on the same day. Li pleaded guilty in court and submitted evidence such as the execution of the settlement agreement, guarantee agreement, **, etc., and obtained the understanding of the technology company.
In the end, the court sentenced Li to one year and six months in prison with a two-year suspended sentence for the crime of refusing to carry out the judgment and ruling. Up to now, Li has paid off all the arrears, and the borrowing technology company specially sent a pennant to the Qingpu Procuratorate to express his gratitude.
Xinmin Evening News reporter Pan Gaofeng correspondent Wang Xianwen.