Wang Yang, Sheng Jun and Xu Lin are good friends. Because Xu Lin urgently needed money, Wang Yang and Sheng Jun lent Xu Lin several times since mid-October 2017, totaling 250,000 yuan. However, Xu Lin did not repay the loan as agreed. After repeated urges failed, Wang and Sheng wanted to sue Xu. To be on the safe side, the two consulted legal worker Jiang Shan about the impact of the time of debt formation on the case.
With the convenience of work, Jiang Shan found out that Xu Lin and his wife Chen Yi had agreed to divorce on October 9, 2017, and Chen Yi had two properties under him. So Jiang Shan told Wang Yang and Sheng Jun to advance the loan time until Xu Lin’s divorce, forming a joint debt between the couple and Chen Yi’s real estate guarantee, so he was not afraid of not being able to get the loan back. In order to successfully preserve the two properties, Jiang Shan also suggested that Wang and Sheng split the loan into two cases and file lawsuits separately.
Wang Yang and Sheng Jun then coerced Xu Lin to issue two IOUs again and informed Xu Lin that because his cumulative loan amount reached 250,000 yuan, he would issue an IOU with double the loan amount "according to the rules", and asked him to write the signature time as September and early October 2017 respectively. After getting the IOU, Sheng Jun found Wang Yu, who had no loan deal with Xu Lin, and asked Wang Yu and him to file an IOU with an IOU to civil lawsuit with Xu Lin and his ex-wife Chen Yi, , "requesting to repay the loan" on the grounds of the couple's joint debts, and handing over the two cases to Jiang Shan on behalf of him. Jiang Shan accepted the entrustment and applied for preservation of the property of Xu's ex-wife Chen Yi's property during the litigation, resulting in the two properties of Chen Yi being seized.
Unfortunately, Wang Yang and Sheng Jun were investigated by the public security organs for committing crimes involving gangs and evil. During the investigation, the public security organs found out that Wang and Sheng had committed a variety of criminal acts involving organized crime, including the above-mentioned false litigation, and then handed them over to the procuratorate for public prosecution.
After the court opened a trial, it was found that one of the cases applied for withdrawal shortly after the case was filed, and the other case was rejected for suspected crimes, but this cannot cover up the existence of false litigation. In the end, the court found that the defendants Wang Yang, Sheng Jun, Jiang Shan and Wang Yu had formed a gang to file a civil lawsuit with forged evidence, obstructing judicial order and seriously infringing on the legitimate rights and interests of others, which constituted the crime of false litigation. Because all the four defendants voluntarily pleaded guilty, the court finally sentenced the four defendants to fixed-term imprisonment ranging from one to eight months, and fined between 20,000 and 10,000 yuan.
Judge reminded
The special feature of this case is that the litigation agent participates in the crime. As a legal worker, Jiang Shan gave advice to Wang Yang and Sheng Jun in the early stage. After Wang Yang and Sheng Jun forged IOUs and fabricated the joint debts of the couple, he still accepted the entrustment to file a civil lawsuit on behalf of the person and apply for the preservation of the victim's property, causing the court to seize the victim's property and open a trial of the case, which not only hindered the judicial order, but also seriously infringed on the legitimate rights and interests of others. According to relevant laws and regulations, Jiang should be held criminally responsible for joint crimes of false litigation. Those who know the law should be punished more severely!
Integrity is one of the basic principles of civil litigation. Do not play with "big right and wrong" with "small cleverness"!
Law link
" Criminal Law of the People's Republic of China"Article 30711 Invest a civil lawsuit based on fabricated facts, obstructing judicial order or seriously infringing on the legitimate rights and interests of others, shall be sentenced to fixed-term imprisonment of not more than three years, detention or control, and shall be fined or single; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years but not more than seven years, and shall be fined.
If an unit commits the crime in the preceding paragraph, it shall be sentenced to a fine on the unit, and the directly responsible supervisors and other directly responsible persons shall be punished in accordance with the provisions of the preceding paragraph. If an act in the first paragraph of
is illegally possessing other people's property or evading legal debts, and constitutes other crimes, he shall be convicted and punished more severely in accordance with the provisions of heavier punishment.
If a judicial staff use their power to jointly commit the first three acts with others, he shall be punished more severely; if it constitutes other crimes, he shall be convicted and punished more severely in accordance with the provisions for heavier punishment.
"Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of False Litigation" Article 6 Litigation Agents, witnesses, appraisers and other Litigation Participants collude with others to file false civil lawsuits, intentionally make false testimony or issue false appraisal opinions, and jointly implement the first three paragraphs of Article 307 of , the first three paragraphs of the Criminal Law, shall be convicted and punished in accordance with the provisions of the joint crime; at the same time, the crime of obstructing testimony, helping to destroy or forge evidence and other crimes shall be convicted and punished in accordance with the provisions of the heavier punishment.
Reprinted from: Fuyang Court, Hangzhou Intermediate People's Court
Source: Shandong High Court
