The Person Was Sentenced for Imprisonment for Failing to Execute the Verdict

 2018-02-26   (2017) No. 0002

As the person subject to enforcement involved in a dozen of cases enforced, Mr. Sun diverted a large amount of compensation obtained from the relocation of the hotel operated by him for other purpose instead of declaring it to the court as the result, the execution money of more than RMB 1.29 million yuan failed to arrive at the relevant ac. recently, Huangpu District People's Court ruled that Mr. Sun is sentenced for a set term of imprisonment of one year and three months on the ground that he refused to execute the judgment. 

Mr. Sun, 54 years old, is the legal representative of an investment consulting company. Since 2003, he was sued at the court for some disputes related to private lending, on which the court had made several verdicts, ordering him to pay the debts. Upon effectiveness of such verdicts, Mr. Sun never initiatively disged his obligation of paying such debts, so the winning parties applied to the court for enforcement separately. 

During the execution of the cases, the court had for many times sent to the domicile of Mr. Sun such legal documents as the notice of execution, order of reporting propertynotice of enforcement. Despite the fact that the receipt of such mails indicated that Mr. Sun had signed for such mails, he failed to appear in the court as requiredimplement the effective verdicts. 

The enforcement judge found after investigation that it was not a fact that Mr. Sun had no ability to perform such verdicts. In 2013, Mr. Sun obtained the compensation of RMB 4.97 million yuan for the relocation of the hotel operated by himhis partners, in which he took a share of more than RMB 1.65 million yuan. But he had never reported such property to the court. Meanwhile, Mr. Sun deliberately disappeared. He did not notify the court after removing from his original domicileeven changed his mobile phone number, making the judges unable to find his whereabouts when they went to his original domicile for enforcement. Consequently, the execution money of more than RMB 1.29 million yuan involved in a dozen of cases failed to be executed.

In october 2016, the police arrested Mr. Sun by technical means and the procuratorate ged that Mr. Sun failed to appear in the court for implementing the verdicts upon receiving relevant legal documents from the court for several times, changed his contact means at his own discretion so as to hide from the court. Meanwhile, Mr. Sun failed to report to the court on the change of his property after he got the compensation for the hotel operated by him furthermore, he diverted the said money for other purpose instead of disging his obligation of repayment as determined by the court, leading to the failure of execution of the said cases until now. 

At the court hearing, Mr. Sun did not raise any objection to the verdict of the procuratorate. He said that at that time he was not aware that any failure of executing any judgment by the court would constitute the crime of rejecting execution of the judgment. Since he was still in debt to other people, he repaid such debts to such other people once he had got the compensation. The defender of Mr. Sun held that Mr. Sun had not squandered with such compensationhad not any subjective culpability of the mind, so he hoped that the court could give Mr. Sun a lesser punishmentapply the probation.

Huangpu District People's Court held after hearing that Mr. Sun refused to execute the verdict though he had the ability to do so, that the circumstances were serious enough to constitute the crime of refusal of judgmentverdict, so he should receive the criminal punishment as per laws. The accusation raised by the public prosecution organ was established. If the defendant Mr. Sun  can confess his own crime truthfully upon arrival at the court, the court could give him a lesser punishment. Given that Mr. Sun pleaded guilty willingly, the court could give him a lesser punishment according to the actual circumstance. As for the opinions of the defender that the defendant voluntarily surrendered himself, the investigation showed that Mr. Sun did not appear before the court until he was notified by the public security organ by telephone moreover, after he obtained a guarantor pending trial, the public security organ failed to reach him despite of multiple times of calling him, nor could it reach the guarantorsubsequently Mr. Sun could never be reached until he was arrested by technical means therefore, it cannot be affirmed that he surrendered himself. Meanwhile, probation is not suitable for Mr. Sun in consideration of the plotsfacts of this case.

Article 313 of the Criminal Law of the People’s Republic of China

whoever has the ability to execute the judgmentorder made by a peoples court but refuses to do so, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detentionbe fined. if the circumstances are especially serious, he shall be sentenced to a fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

 (Written by Tang Zhengming, Huangpu District People's Court)