In order to promote the study and education of party history and the education and rectification of the political and legal team, and to deepen the "procuratorial work for the people", since May, the Yunfu Municipal Procuratorate has organized prosecutors across the city to visit villages, schools and enterprises to provide special legal publicity and legal services to the general public. In order to facilitate the general public to learn and use the law, we have launched the "Online Legal Exhibition" column. People can see the same content as the Legal Education event site without leaving their homes.
False lawsuit is also called "anti-counterfeiting lawsuit"
not only infringes on the legitimate rights and interests of the real right holder
also disrupts the normal judicial order
Anti-counterfeiting lawsuit even gets into trouble because of this. "
Today, Yunjianjun selected two typical cases
to learn about false litigation cases
Together, we use cases as a guide
to make fraud How can judicial authority provoke?
———Supervision case of notarization and execution of false litigation by Industrial A and others
Chairman Gao of Industrial A was held criminally responsible for the crime of illegally absorbing public deposits; a hotel under the name of Industrial A was sealed and auctioned by the court, and the proceeds from the auction were used to refund the fundraising funds. During the medical parole, Gao discussed with Xi and seven others during the period. Gao issued a IOU in the name of A Industrial Company, fictitious about the fact that A Industrial Company had borrowed money from Xi and seven others, and signed repayment agreements respectively. Industrial A entrusted an agent and Xi and seven others to go to the notary office to handle the "Notification of Credit Documents with Compulsory Enforcement Effectiveness" for the repayment agreement involved. Xi and seven others applied to the court for execution based on the "Execution Certificate".
Yunfu City Procuratorate After investigation and evidence collection, it was confirmed that Industrial A and Xi and seven others maliciously colluded to forge loan certificates and repayment agreements, and then issued a prosecutorial recommendation, suggesting that the court refuses to enforce the law. The court found that the content of the notarized debt document did not match the facts and ruled that the relevant notarized and execution certificates would not be enforced. Later, Gao and four others were held criminally responsible for constituting false litigation.
License extension
●The perpetrator maliciously colluded and fabricated facts, defrauded notarized documents and applied for compulsory execution by the court, infringed on the legitimate rights and interests of others, damaged judicial order and judicial authority, and constituted a false litigation.
False litigation damages others and harms oneself
——Supervision of false litigation lawsuits for sales contract between Company A and Company B
1A person in charge of company A colluded with company B to sign a "Purchase and Sales Contract", which stipulates that Company B will supply a batch of wood to Company A with a deposit of 5 million yuan. Company B must hand over all the wood to Company A within 3 months from the date of receiving the deposit, otherwise Company B must return the deposit to Company A twice. In fact, Company B does not have the ability to perform contracts. Li, chairman of Company B, used his own bank account, Company A bank account, Company B bank account, Company C bank account and his wife account to create the illusion that Company A has paid RMB 5 million in purchase deposit to Company B by performing circular transfer operations between accounts.
A Company sued the court and requested Company B to double the deposit of 10 million yuan. The first instance court ruled that Company B would double the deposit of Company A of 10 million. Other shareholders of Company B believed that the contract had damaged their legitimate interests, so they applied for supervision from the Yunfu People's Procuratorate. After verified by the Yunfu Municipal Procuratorate, it was believed that the two parties maliciously colluded to sign the "Purchase and Sales Contract" and filed a lawsuit with the court, which was a typical false lawsuit. So they filed an appeal to the Yunfu Intermediate People's Court, and the Intermediate People's Court revoked the original judgment and sent it back for retrial. In the end, the first instance court did not support Company A's litigation request.
Law extension
●" Criminal Law of the People's Republic of China " Article 307 of : "Facts If a civil lawsuit is filed, obstructing judicial order or seriously infringing on the legitimate rights and interests of others, he 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 and not more than seven years, and shall be fined."
Source: Yunfu City Procuratorate
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