"Judge, two houses that the court occupies my former husband by force sentence me, I should apply for to carry out. " this year in May, woman Gao Mou will jumped over window of beautiful court put on record submit report of a divorce, apply for a court to carry out house property. Yesterday morning, executive judge informs Gao Mou comes the court deals with executive formalities. Who knows formalities to did not do, gao Mou was taken away by public security however, the reason is his unexpectedly " think oneself clever " .
Same case appears two court decisions
According to forensic introduction, on June 28, 2016, gao Mou and former husband bilk some to be adjudicated to divorce by more beautiful court. Judgment shows, the court adjudicates two people child bring up by Lai Mou, to domestic worth, because both sides did not carry provenance buy to request, reason court decision did not undertake dealing with to belongings.
This year on May 21, gao Mou will jump over window of beautiful court put on record, submitted report of a divorce, apply for a court to carry out house property. Judgment shows, the court returns its son court decision his to bring up, produce two flatlet the court decision to put in its under one's name 's charge. There is official seal of bright red more beautiful court awesomely on judgment. Two court decisions, who after all is true what false? Executive judge discovers, the report that Gao Mou submits, sentence a Central Plains to accuse name, font, format to all be put in apparent mistake. Executive judge moves original of judgment of courtyard of take as one's model to undertake comparing is opposite, affirm the department falsifies the report in Gao Mou hand. Executive judge still understands to the justice that makes divorce court decision, the open a court session of case of this divorce suit, adjudge, gao Mou all has appear in court, judgment also is gotten by its oneself.
What the court makes is civil sentence (left) with Gao Mou falsification civil sentence (right) .
After application is carried out, gao Mou calls executive judge to urge ceaselessly carry out. To find out after all, executive judge informs Gao Mou accepted inquiry to the court on August 27, ask its refer judgment original. Yesterday morning, gao Mou jumps over beautiful court according to it. In inquiry process having to its in the judge, its affirm judgment department is gotten to the court personally by its again. "Why this report that you submit and court is issued judgment original abhorrent? " the judge asks. "I do not know, what the court gives me is this judgment. " the act absolutely deny that Gao Mou falsifies report to oneself. Because Gao Mou behavior is suspected of making crime of archives of falsification state office, the court turns over Gao Mou the public security personnel that waits outside the court lawfully, have further investigation to Gao Mou by public security mechanism.
The woman still adjudicates her " innocent release "
Additional as we have learned, on December 13, 2017, because Gao Mou makes larceny be jumped over beautiful court sentences a set term of imprisonment 1 year 2 months, punish gold 3000 yuan, instruct the injured party of its pay compensation for what one has unlawfully taken 999 yuan, detain period comes to stopped on April 11, 2018 since Feburary 12, 2017. However, be released from prison only a month, gao Mou is held forge judgment to head for a court, pretend she was away on official business last year, have during decorate a worker to change her door, she was away on official business this year in April come back, but the building is occupied by force by former husband kin, requirement court helps her recapture building as soon as possible. After public security personnel brings back Gao Mou police station, discover inside her bag a bogus criminal adjudicates, forge content to be " adjudicate Gao Mou is innocent release, intercurrent all still the custodial goods that moves from its home " . Official seal of same Gai Yougong's lubricious on this false report more beautiful court. Current, public security mechanism is undertaking be checkupped further to Gao Mou.
Judge view
Forge legal copy clerk to be suspected of crime
The judge expresses, our country " criminal law " regulation: Forge, falsification, buying and selling perhaps steals, of the loot, document that destroys national office, certificate, seal, manage battle of 3 years of the following set term of imprisonments, arrest, control right of privative perhaps politics, punish gold; The clue is serious, be in 3 years of above 10 years the following set term of imprisonment, punish gold.
Gao Mou distorts civil judgment, criminal judgment is in become effective more content and key are sentenced, the purpose owns house property through be being carried out compulsively of the court, remove oneself criminal record criminal record, its behavior is suspected of making afore-mentioned crime, reason moves his send public security mechanism to give further investigation.
After breaking up house property to divorce, can sue separately
According to highest courtyard relevant judicatory explains a provision, after the divorce, with still having husband and wife common property was not handled one for sue request intersected to people court, the husband and wife that when belonging to a divorce truly via investigating this property, did not involve is collective belongings, people court ought to give lawfully break up. According to this regulation, if Gao Mou hopes to undertake breaking up to house property after the divorce, still can mention to the court civil suit, the request breaks up house property.
In addition, " marriage law " regulation, when the divorce, if one party is badly off, in answering to wait for personal property from its housing, other one party offers proper help. Specific measure by bilateral agreement; When the agreement won'ts do, by people court court decision. Judicatory explains a provision related the basis: The 42nd place weighs marriage law " one party is badly off " , it is to show support personal property and the belongings that share when the divorce cannot maintain local basic living standard. The income after if Gao Mou is in,divorcing is low, maintain basic life hard, cannot the burden buys a room to defray is mixed or hire room cost, according to afore-mentioned regulations, this attributes the situation that be badly off, gao Mou can advocate the other side provides proper help completely in divorce suit, solve living problem. But its use illegal crime method however, mournful.
