Privately move is not controlled belongings, form refus not to carry out blame of court decision, ru

2011, long Mou sues He Mou equity to transfer dispute record to court of such-and-such division people, via people the court is tried after, adjudicate He Mou should be returned return Long Mou equity to make over paragraph, compensation fund to add up to RMB close million yuan.

After adjudicating become effective, nonperformance of He Mou refus, long Mou applies for to carry out to the court then. In executive process, the house that people court executive bureau controlled He Mou under one's name and He Mou hold some some company equity.

Before people court controls belongings to did not cash, he Mou deposits money from the draw money of some bank account of its under one's name accumulative total amounts to a RMB 200 thousand yuan of RMBs. After He Mou takes out money, still place of court decision of refus nonperformance become effective, ruling gives certainly pay money obligation, cause become effective court decision, ruling to cannot be carried out.

To this, public prosecution mechanism thinks, afore-mentioned behavior of He Mou, already offended criminal law, should give find out, its behavior forms refus not to carry out blame of court decision, ruling.

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In case cognizance process, he Mou thinks, its under one's name still has house property, equity to be checked to smash on record, asset enough repays Long Mou's debt, accordingly, its do not form refus not to carry out blame of court decision, ruling.

Cognizance of people court classics thinks: He Mou is capable to the court decision of people court, ruling to carry out and refus is not carried out, the clue is serious, its behavior already formed refus not to carry out blame of court decision, ruling. He Mou makes refus do not carry out blame of court decision, ruling, sentence He Mou set term of imprisonment 8 months.

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In this case, he Mou knows perfectly well its oneself to have a case to lying in executive process, however accumulative total of deposit of cash reserve in a bank of bank of privately move under one's name amounts to 200 thousand yuan, fulfil the obligation with affirmatory copy clerk of become effective judge not actively, avoid carries out obligation, he Mou's action is direct enroach on the normal order of forensic executive activity, accord with " cause court decision, ruling to cannot be carried out " condition, accordingly, the court maintains He Mou to form refus not to carry out blame of court decision, ruling.

The lawyer reminds, behavior person has belongings to be checked to accuse by the judiciary, in know perfectly well the case lies in executive process, however still the other property with privately not controlled move, fulfil the obligation with affirmatory copy clerk of become effective judge not actively, avoid is carried out, belong to refus not to carry out court decision, ruling.

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