★ of ★ basic details of a case
Chen Jingui of the accused person (female, was born on June 28, 1961) , Yi Huoyan (male, was born on January 24, 1960) be located in Anxi at what shared through offerring 2014 beneficial of lake of dragon of prefectural phoenix town civilian street Lin Meixin area 2 buildings B inn the house property of 2 serves as 1 inn to guaranty assures and deal with guaranty to register, to loan of subbranch of a bank of Agriculture Bank Anxi 700 thousand yuan.
On May 11, 2015, because Chen Jingui of the accused person fails on schedule full specified amount repays captital with interest, civil judgment affirms Anxi court Chen Jingui if not on time reimbursement, afore-mentioned house property that be auctioned or sell off Chen Jingui of the accused person, Yi Huoyan to share give Agriculture Bank Anxi subbranch of a bank preferential suffer countervail.
On June 23, 2015, subbranch of a bank of Agriculture Bank Anxi applies for to be carried out compulsively, anxi court gives out belongings of executive advice note, report to make to Chen Jingui of the accused person, Yi Huoyan at morrow.
Classics Anxi court is carried out, contest buys a person Su Mou blessing acquired this case house property via the auction on July 5, 2016 and full pay makes auction money, but Chen Jingui of the accused person, Yi Huoyan refus not this room rise high into the air, turn over, and give Ke Mou lustre at renting experience case house property on April 2, 2017.
Chen Jingui of the accused person was captured by Anxi county public security bureau on November 10, 2017, confess the guilt that narrates oneself according to the facts; Yi Huoyan of the accused person gives auction vendee Su Mou blessing at handing over experience case house property on November 24, 2017, and at going to Anxi actively on November 27, 2017 a criminal give himself up to the police of prefectural public security bureau confesses the guilt that narrates his according to the facts.
Juridical result
Anxi court thinks via cognizance
The become effective court decision of Chen Jingui of the accused person, Yi Huoyan to people court, ruling is capable to carry out and refus is not carried out, the clue is serious, its behavior already all formed refus not to carry out blame of court decision, ruling, belong to collective crime.
After Chen Jingui of the accused person is brought to justice, offer the guilty fact that states oneself according to the facts, punish lightly lawfully. Yi Huoyan of the accused person is active to a criminal give himself up to the police of public security mechanism, confess the guilt that narrates oneself according to the facts, it is to confess one's crime; In collective crime, crime is lighter, integrated its are before declare of this court decision of case first instance, fulfilled executive obligation automatically, dissolved the clue such as social contradiction, adjudicate Chen Jingui of the accused person makes refus do not carry out blame of court decision, ruling lawfully, sentence a set term of imprisonment 8 months, probation a year; Adjudicate Yi Huoyan of the accused person makes refus do not carry out blame of court decision, ruling, avoid grant criminal punishment.
Typical meaning
In executive practice, encounter refus of person be executived constantly not the case such as the house property that court of rise high into the air closes down, land, serious effect court carries out the job.
This case is to be aimed at refus not to remove together, behavior of rise high into the air gives the typical case of blow. Phlogistic refus of Chen Jingui of person be executived, easy fire not change goes a building, cause the judgment that has produced legal effectiveness to cannot be carried out, the court is carried out to this case lawfully not only person Chen Jingui sentences penalty, find out additional altogether of experience case building to have the criminal responsibility of right person at the same time, to hitting this kind of refus not the refus of building of rise high into the air is carried out to have active sense, effective promotion court implements deterrence power.
Contributor: Zhan Yang east
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