Refus does not pay work reward blame point of 55 of the case innocent argue
He Guanshu: Counsel for the defence of economic crime counsel for the defence, duty Wu crime and office of wide strong attorney plead of duty Wu crime and research center secretary-general
Introductive
Refus does not pay work reward the blame is " criminal law amendment (8) " the charge that adds newly, set at " criminal law " the 276th one of, it is to point to have the employer that pays work reward obligation to laborer and unit of choose and employ persons, the work reward that pays worker with transferring the method such as belongings, abscond to escape is capable perhaps to pay and the work reward that does not pay worker, number is larger, classics government orders the conduct that still does not pay about the branch.
Whether to form refus not to pay work reward the blame, the crime that needs to satisfy this blame is formed. The main body of this blame is special main body, have the employer that pays labor obligation to laborer and unit of choose and employ persons namely, be like nonexistent pay obligation, that talks not to remove refus not to pay labor reward. In the meantime, still need existence to transfer the method such as belongings, abscond to escape the work reward that pays worker capable perhaps to pay and the behavior of the work reward that does not pay worker.
About amount how much is older standard? According to top people court " do not pay case of work reward criminal applicable law about trying refus the explanation of a certain number of problems " the 3rd regulation, the standard with larger number is " the work reward that refus does not pay a laborer 3 months above and number comes in 5000 yuan 20 thousand yuan of above " , or " the work reward that refus does not pay 10 above worker and amount accumulative total comes in 30 thousand yuan 100 thousand yuan of above " . The standard with the larger number here gives out only an extent, specific amount is how many by " each province, municipality, municipality directly under the Central Government is advanced people court is OK develop a condition according to society of our region economy, inside the amount range that advanced money sets, research determines the specific amount level that our region carries out, sign up for top people court to put on record " .
Below the circumstance of the main body condition on full enough, objective behavior condition and number level, still need to concern a branch to instruct its to pay to the announcement with behavior person corresponding make known to lower levels via the government and still do not pay, if concern sectional responsibility,the announcement disables or not lawfully of make known to lower levels, violate program regulation, nonfeasance refus does not pay work reward blame processing.
The author makes public net, handle case net through information of people procuratorate case, with " refus does not pay labor pay record " " refus does not pay work reward the blame " undertake searching for the keyword, altogether search does not pay the procuratorial work of work reward blame writ to 7272 concerned refus, do not sue decision book to be 1601 among them. The course is chosen, chose 69 not to sue decision book from which, respectively from legal do not sue, drink to be not sued surely, dot of 55 when impeach does not sue 3 respects to abstract refus not to pay work reward the blame effective and innocent argue, in order to offer reference. If have undeserved place, hope to ask point out mistakes so that they can be corrected.
One, legal do not sue
(one) procuratorate of people of the county that decide an edge does not sue decision book (calm check accuses punishment does not appeal to [2018]3 date)
Innocent argue nods 1: Behavior person is to be hired by a company, it is general administrator, not be the controller of the company, did not achieve refus not to pay the main body of work reward blame the qualification
Do not sue reason: This academy thinks, 8 people and ** company sign Xie Mou second grade labor contract, suffer employ with ** company, provide a service for this company, its work reward ought to pay by ** company, this company promise carries the legal responsibility that defaults worker pay. Some is hired by Yan Mou ** company, be engaged in supervising the work, get pay from this company, it is general administrator, not be the controller of this company, did not achieve refus not to pay the main body of work reward blame the qualification, do not make crime. According to " procedural law of criminal of People's Republic of China " the 177th the first regulation, decide to Yan Mou some is not sued.
(2) procuratorate of people of Hui Yang district of benefit state city does not sue decision book (punishment of public prosecution of Hui Yang check does not appeal to [2018]81 date)
Innocent argue nods 2: The is in charge of directly director staff that behavior person is not an unit or personnel of other and direct responsibility, without guilty fact
Do not sue reason: Investigate via this academy is examined and complementing via two go back, existing evidence can confirm be not sued the person thanks some some is ** company director holds president assistant concurrently, be not the partner of ** company, president or general manager, not be the director staff that ** company refus does not pay work reward case to be in charge of directly or personnel of other and direct responsibility. Be not sued the person thanks some some does not have guilty fact, according to " procedural law of criminal of People's Republic of China " the 173rd regulation, decide to Xie Mou some is not sued.
(3) procuratorate of people of division of lake of month of accipitral pool city does not sue decision book (punishment of public prosecution of accipitral month check does not appeal to [2018]17 date)
Innocent argue nods 3: Default employee wages to happen after behavior person quits the management of the unit, behavior person does not have guilty fact
Do not sue reason: This academy thinks, be not sued the person wishs such-and-such department and other investor invest jointly, early or late management bar, and default employee wages to happen after wishing some some quits management. On put together, this academy thinks to wish some some does not have guilty fact. According to " procedural law of criminal of People's Republic of China " the 173rd the first regulation, decide to Zhu Mou some is not sued.
Case does not prosecute related: Punishment of new check public prosecution does not appeal to [2018]42 date
(4) procuratorate of people of Dan state city does not sue decision book (punishment of Dan check public prosecution does not appeal to [2018]4 date)
Innocent argue nods 4: Not be the main body that use worker worker, do not be in charge of laborer of invite applications for a job and the work reward that pay worker, also instruct about the branch without the government pay a worker salary
Do not sue reason: This academy thinks, be not sued armour of person Wang Mou regards hair bag as square controller, not be the main body that use worker worker, do not be in charge of laborer of invite applications for a job and the work reward that pay worker, also instruct about the branch without the government pay a worker salary, its are not accorded with " criminal law of People's Republic of China " one of the 276th the first regulations, do not form refus not to pay work reward the blame, its do not have guilty fact, do not make crime. According to " procedural law of criminal of People's Republic of China " the 173rd the first regulation, decide to Wang Mou armour is not sued.
(5) procuratorate of people of A Kesu city does not sue decision book (punishment of word of division of public prosecution of check of A Kesu city does not appeal to [2018]7 date)
Innocent argue nods 5: Behavior person does not produce direct law to concern with laborer, not be the compulsory main body that worker pay extends
Do not sue reason: This academy thinks, some regards Yang Mou as company of house property development square controller, have contract outwards the responsibility that the project has construction, just solicit peasant worker worker to begin specific construction by the building again, yang Mou does not produce direct law some to concern with peasant worker worker, be being built namely just is the compulsory main body that laborer pay extends, and Yang Mou some just is not the compulsory main body that laborer pay extends, some should not be Yang Mou farming worker back pay assumes criminal responsibility. According to " procedural law of criminal of People's Republic of China " the 173rd the first regulation, decide to Yang Mou some is not sued.
Case does not prosecute related: Procuratorate of people of Wen Xi county does not sue decision book (punishment of punishment famous check does not appeal to [2017]23 date)
(6) procuratorate of music county people does not sue decision book (punishment of civilian check public prosecution does not appeal to [2018]24 date)
Innocent argue nods 6: Because run deficit,defaulting worker pay is
Do not sue reason: This academy thinks, be not sued person because bright red ** manages deficit to cannot continue to pay a worker salary, after case hair cooperate a government sector actively to handle issue of laborer work reward, its behavior is not accorded with " criminal law of criminal of People's Republic of China " the refus of one of the 276th regulations does not pay work reward the blame make important document, do not make crime. According to " procedural law of criminal of People's Republic of China " the 173rd the first regulation, the decision is made to bright red ** do not sue a decision.
(7) procuratorate of people of Wang Mo county does not sue decision book (punishment of public prosecution looking at check does not appeal to [2018]12 date)
Innocent argue nods 7: Instruct rectify and reform decision book by lawfully cancel, do not belong to classics government to order the case that still does not pay about the branch
Do not sue reason: Classics this academy examines lawfully find out: ... on January 13, 2017, company of combination of some and project of some Guizhou Province construction gives out resource of manpower of Wang Mo county and Xiang Sang of social security bureau same share is instructed rectify and reform decision book. On Feburary 28, 2017, mulberry is such-and-such to Wang Mo prefectural government applies for to reconsider, after prefectural government was accepted on March 6, 2017, just make administration reconsider a decision till January 3, 2018, the requirement hopes resource of planning county manpower and cancel of social security bureau decide formerly, make specific administration action afresh. During, on November 23, 2017, prefectural public security bureau is such-and-such to some do not pay work reward blame put on record with refus investigate. On December 1, 2017, mulberry is such-and-such a criminal give himself up to the police confesses his crime, be planned at looking by detain after prefectural detention house, morrow, its family member will default Wei such-and-such, yellow such-and-such salary gives paid.
This academy thinks, afore-mentioned some such-and-such behavior do not accord with refus not to pay the forming of the crime of work reward important document, do not make crime. According to " procedural law of criminal of People's Republic of China " the 173rd the first regulation, the decision is such-and-such to some do not sue.
(8) procuratorate of people of division of Tianjin city Heibei does not sue decision book (punishment of public prosecution of ferry north check does not appeal to [2018]3 date)
Innocent argue nods 8: Did not achieve refus not to pay the put on record of work reward blame the level
Do not sue reason: This academy thinks, some defaults Zheng Mou time of staff work reward is not worth 3 months, resource of manpower of area of Tianjin city Heibei and social security bureau instruct his to pay employee wages number to be not worth 10 people, amount accumulative total did not amount to 60 thousand yuan, the clue is remarkable slight, harm is not great, do not make crime. This academy basis " procedural law of criminal of People's Republic of China " the 15th (one) with the 173rd the first regulation, decide to Zheng Mou some is not sued.
Case does not prosecute related: Punishment of public prosecution of ferry north check does not appeal to [2018]2 date
(9) 3 inferior procuratorate of people of city outskirts of a town does not sue decision book (punishment of public prosecution of 3 cities check does not appeal to [2017]102 date)
Innocent argue nods 9: Because send,defaulting worker pay is the bag just pays a project not in time the money and bring about pay of financial insolvency worker
Do not sue reason: This academy thinks, be not sued armour of person Li Mou is objective although have the action that defaults peasant worker pay,go up, but the department because project total package just pays a project not in time the money, cause pay of worker of its financial insolvency, the government was not instructed to its make known to lower levels about the branch correct decision book, its behavior is not accorded with " criminal law of People's Republic of China " one of the 276th the first section provision, do not form refus not to pay work reward the blame, basis " procedural law of criminal of People's Republic of China " the 173rd the first section provision, decide to Li Mou armour is not sued.
Case does not prosecute related: Punishment of public prosecution of courtyard of Sha car county does not appeal to [punishment of public prosecution of 2017]15 date, happy check does not appeal to [2017]5 date
(10) procuratorate of people of area of lukewarm river of the Chengdu City does not sue decision book (do not appeal to into punishment of lukewarm check public prosecution [2017]33 date)
Innocent argue nods 10: Although behavior person is the legal representative of the company, but the effective management that did not share a company, and without evidence proof behavior person knows perfectly well a company to have default employee wages and the fact of abscond, behavior person does not have guilty fact, do not form refus not to pay work reward the blame
Do not sue reason: Existing evidence confirms only be not sued the legal representative that person Ceng Mou is two afore-mentioned companies, but prove without evidence its share company management, and prove without evidence its are known perfectly well two afore-mentioned companies default employee wages and the fact of abscond. This academy thinks, be not sued person Ceng Mou does not have guilty fact, its behavior does not make crime. According to " procedural law of criminal of People's Republic of China " the 15th (one) with the 173rd the first regulation, decide to be not sued to Ceng Mou.
Case does not prosecute related: Punishment of public prosecution of courtyard of Sha car county does not appeal to [2017]11 date
(11) procuratorate of people of Xi Feng district of Qing Yang city does not sue decision book (on the west check not check punishment does not appeal to [2017]10 date)
Innocent argue nods 11: Without move the method such as belongings, abscond escapes pay
Do not sue reason: This academy thinks, be not sued person Du Mou although some has the action that defaults laborer work reward, but its escape without the method such as move belongings, abscond pay, its behavior do not answer with guilty decide on sb's punishment. Some does not have reason Du Mou guilty fact, basis " procedural law of criminal of People's Republic of China " the 173rd regulation, decide some makes pair of Du Mou do not sue processing absolutely.
Case does not prosecute related: Punishment of suddenly check public prosecution does not appeal to [2018]12 date
(12) procuratorate of people of morningstar lily county does not sue decision book (hill check accuses punishment does not appeal to [2017]5 date)
Innocent argue nods 12: The government did not correct instruction book to deadline of behavior person service about the branch
Do not sue reason: This academy thinks, resource of manpower of morningstar lily county and social security bureau not to Zhang Mou some service " labor of morningstar lily county ensures censorial deadline to correct instruction book " , piece afore-mentioned such-and-such behavior, the clue is remarkable and slight, do not be suspected of refus paying work reward the blame. According to " procedural law of criminal of People's Republic of China " the 15th (one) with the 173rd the first regulation, decide to Zhang Mou some is not sued.
2, drink to be not sued surely
(one) division people procuratorate does not sue iron of 4 smooth city on the west decision book (4 punishment of check punishment check does not appeal to on the west [2019]5 date)
Innocent argue nods 13: Confess one's crime
Innocent argue nods 14: Reissue actively a pay of the person that owe worker worker, obtain forgive
Does innocent argue nod 15: ? Sweet wine is float ⑴ crowded?
Do not sue reason: This academy thinks, some carried out Wang Mou " criminal law of People's Republic of China " the 276th one of formulary behavior, but after in view of Wang Mou some on record is sent, confess his crime actively to a criminal give himself up to the police of public security mechanism, admit one's guilt, contrition mood is better, reissue actively a pay of the person that owe worker worker, got the injured party forgive, fasten first offence, casual offender, guilty clue is slight, have light, reduce a clue, basis " criminal law of People's Republic of China " thirtieth 7 regulation, do not need to sentence penalty. According to " procedural law of criminal of People's Republic of China " the 177th the 2nd regulation, decide to Wang Mou some is not sued.
(2) always repair prefectural people procuratorate not to sue decision book (always punishment of check punishment check does not appeal to [2019]2 date)
Innocent argue nods 16: The reward of laborer pays before to sue
Innocent argue nods 17: Obtain laborer forgive
Innocent argue nods 18: Admit one's guilt the mood is better, have contrition show
Do not sue reason: This academy thinks, be not sued some carried out person Rao Mou " criminal law of People's Republic of China " the behavior of the 276th the first regulation, in view of its behavior did not cause serious consequence, the reward of laborer pays before to sue, obtained laborer forgive, and admit one's guilt the mood is better, have contrition show, guilty clue is slight, basis " criminal law of People's Republic of China " thirtieth 7, the 276th the 3rd regulation, can avoid penalty. According to " procedural law of criminal of People's Republic of China " the 177th the 2nd regulation, decide to Rao Mou some is not sued.
(3) procuratorate of people of town former county does not sue decision book (punishment of the public prosecution that press down check does not appeal to [2019]3 date)
Innocent argue nods 19: Reach intentional agreement with the injured party
Do not sue reason: This academy thinks, king is such-and-such money of construction group project is defaulted in project project, bring about construction group to default peasant worker pay, amount amounts to 3833209.75 yuan, instruct about the branch via the government still do not pay, its behavior offended " criminal law of People's Republic of China " one of the 276th regulations, but intentional agreement is reached with the injured party after case hair, to protect civilian battalion company development and farmer are versed in rights and interests. According to " procedural law of criminal of People's Republic of China " the 177th the 2nd regulation, decide to Wang Mou some is not sued.
(4) thoroughfare state city thoroughfares procuratorate of river area people does not sue decision book (thoroughfare punishment of check public prosecution does not appeal to [2018]108 date)
Innocent argue nods 20: The time that defaults work reward is not long, social harm is lesser
Innocent argue nods 21: Full specified amount pays laborer reward before to sue, assume corresponding liability to pay compensation lawfully
This academy thinks, some carried out Shao Mou " criminal law of People's Republic of China " the behavior of one of the 176th regulations, but guilty clue is slight: (1) first offence of Shao such-and-such department, the guilt that narrates oneself is confessed according to the facts after bringing to justice, have contrition show; (2) some time that some defaults work reward does not grow Shao, social harm is lesser; (3) some defaults Shao Mou work reward has not cause serious consequence, and full before to sue specified amount pays laborer reward, assume corresponding liability to pay compensation lawfully. Basis " criminal law of People's Republic of China " thirtieth 7, the 67th the 3rd regulation, can avoid penalty. According to " procedural law of criminal of People's Republic of China " the 177th the 2nd regulation, decide to Shao Mou some is not sued.
3, impeach is not sued
(one) procuratorate of people of An Da city does not sue decision book (black install check to accuse punishment does not appeal to [2019]3 date)
Innocent argue nods 22: Do not have what do not pay work reward the blame to use qualification of industry main body
Innocent argue nods 23: Labor is censorial of the branch instruct the law that pays evidence not to accord with refus not to pay work reward the blame to set
Classics this academy is examined and go back complement is investigated, this academy still thinks to peaceful not clear, evidence is not worth the guilty fact that changes city public security bureau how to amount to city public security bureau to maintain.
Some does not have 1. Feng Mou the qualification of the main body that use worker worker that refus does not pay work reward the blame
(1) basis " ministry of safeguard of resource of procuratorate of top people court, top people, manpower, public security bureau is suspected of refus paying work reward guilty case about strengthening investigate join working announcement " regulation: "The enterprise gives the unit that does not have qualification of the main body that use worker worker or individual project or business cent bag, subcontract, illegal action of this unit or individual does not pay labor reward with laborer, branch of manpower resource social security should rectify and reform instruction book to the within a definite time of industry make known to lower levels that has qualification of the main body that use worker worker or administrative punishment decides a book, instruct this company within a definite time to pay laborer work reward. To this enterprise enough evidence proof already paid laborer full labor pay to the unit that does not have qualification of the main body that use worker worker or individual, this unit or individual still did not pay to laborer, should rectify and reform instruction book or administrative processing to decide a book to the unit that does not have qualification of the main body that use worker worker or deadline of individual make known to lower levels. Should rectify and reform instruction book or administrative processing to decide a book to the unit that does not have qualification of the main body that use worker worker or deadline of individual make known to lower levels..
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2.Labor is censorial of the branch instruct the law that pays evidence not to accord with refus not to pay work reward the blame to set
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This record proof confirms, labor ensures censorial bureau to did not offer evidential testimony to cannot contact Feng Mou to pass the abode ground in behavior person, production to manage paste of spatial and other places to instruct some time really pay the means such as writ to instruct pay, use take a picture, the objective proof that kinescope means records, existing evidence is not accorded with " top people court does not pay case of work reward criminal applicable law about trying refus the explanation of a certain number of problems " about " classics government is instructed about the branch pay " regulation.
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The place on put together is narrated, existing according to be being put in doubt with the evidence that conviction, the conclusion that reachs according to evidence has other possibility, cannot remove reasonable suspicion, do not accord with sue a condition. According to " procedural law of criminal of People's Republic of China " the 175th the 4th regulation, decide to Feng Mou some is not sued.
(2) procuratorate of people of city of filial piety justice does not sue decision book (one punishment does not appeal to punishment of filial piety check [2019]1 date)
Innocent argue nods 24: Whether should behavior person lose pay off responsibility to did not make a thorough investigation of
Innocent argue nods 25: Project money flow direction did not make a thorough investigation of
Do not sue reason: ? Does foal of of Liang of Hu of Jian of hook of die young of hoarse of ⑼ of linden of Peng of foal carry on one's shoulder drink divide evenly locust to hold spade of crock of Mu of unoccupied place ǖ of order of book of of discharge of ⒁ of ⌒ of litter have a nightmare waiting till to lead Hui of Xian of ぞ of ⒅ of the Sui that block sulphur scrupulously and respectfully 9 send official endowment to owe Ti Ω to breathe out Gui ピ quail?
(3) procuratorate of people of the city zone of Yang Quan city does not sue decision book (punishment of punishment of check of in relief city does not appeal to [2018]107 date)
Innocent argue nods 26: Location is had can forecast a gender, although its mobile phone closes sometimes machine, but did not change mobile phone number, cannot maintain its behavior to be abscond
Do not sue reason: ? Foal of of Liang of Hu of Jian of hook of die young of hoarse of ⑼ of linden of Peng of foal carry on one's shoulder drinks divide evenly locust to hold rate of spade of crock of Mu of unoccupied place ǖ of order of annals of of ⑶ of of sprain of border of eyebrow of of annals of book of of discharge of carboxyl to block Hui of Xian of ぞ of sulphur Sui ⒅ scrupulously and respectfully steel of Qu of １ Jing Gang, trade of some classics of Dan Yangquan city limited company closes down because of managing not to be pooh-poohed, yue Mou some returns ability without countervail at present. Second half of the year came 2016 when this record put on record, yue Mou some returns old home because of disease of father one's own, its location is had can forecast a gender, although its mobile phone closes sometimes machine, but did not change mobile phone number, cannot maintain its behavior to be abscond. Additional, high mountain some fact that some admits to its default worker pay from beginning to end, because do not have economy,did not return truly, its are subjective go up of well-meant back pay intended.
On put together, this record proof is not sued the evidential chain that such-and-such refus does not pay person high mountain work reward behavior is not complete, advocate all do not accord with what refus does not pay work reward the blame objectively to make important document, its make friend the fact that refus does not pay work reward the blame is not clear, evidence is insufficient, do not accord with sue a condition. According to " procedural law of criminal of People's Republic of China " the 175th the 4th regulation, decide to Yue Mou some is not sued.
(4) procuratorate of people of Xi Feng district of Qing Yang city does not sue decision book (punishment of check public prosecution does not appeal to on the west [2018]169 date)
Innocent argue nods 27: Although have deposit,go up for bank account of the person all right, but for you other management, do not belong to capable to pay and the state that refus does not pay
Do not sue reason: Classics this academy is examined and go back complement is investigated, not clear, evidence is not worth the guilty fact that this academy still thinks peak substation maintains public security bureau of the city that celebrate this world on the west. The ox is such-and-such and exculpatory date of end of its under one's name is Wang Mou for the construction bank card of 8364 come-and-go of some shoppy capital, some also confirms Wang Mou by Niu Mou some is managed for you, do not have other book card again can mutual confirm, cannot eliminate its to do offer narrated possibility phonily, evidence does not have uniqueness and exclusiveness. Do not accord with sue a condition. According to " procedural law of criminal of People's Republic of China " the 175th the 4th regulation, decide to Niu Mou some is not sued.
(5) old state city cities wall procuratorate of bridge division people does not sue decision book ( check punishment does not appeal to [2018]13 date)
Innocent argue nods 28: The work reward that existing evidence cannot prove to refus does not pay reachs the level of put on record with larger number
Do not sue reason: Classics this academy is examined and go back complement is investigated, this academy still thinks public security bureau of old state city is contemporary not clear, evidence is not worth the guilty fact that divisional bureau holds industrial garden, be not sued the person is still such-and-such whether is the work reward that via labor of Su Mayuan area censorial group charges the worker that still does not pay achieved " criminal law of People's Republic of China " the 276th number of one of regulations is larger the fact is not clear, evidence, do not accord with sue a condition. According to " procedural law of criminal of People's Republic of China " the 175th the 4th regulation, decide to Shang Mou some is not sued.
Case does not prosecute related: Punishment of public prosecution of wild goose check does not appeal to [punishment of check of Bei of 2018]43 date, change does not appeal to [2017]40 date, mound too check public punishment does not appeal to [2017]6 date
(6) procuratorate of a mountainous area people does not sue mussel of mussel port city decision book (punishment of mussel hill check does not appeal to [2018]15 date)
Innocent argue nods 29: Existing evidence cannot prove behavior person is right of the salary that be defaulted extend have power to make decisions
Do not sue reason: Classics this academy is examined and go back complement is investigated, this academy still thinks classics of mussel port city opens substation of area public security to hold guilty fact not clear, evidence is insufficient. In this case, did not find out Ji Mou some specific duty in ** project project, without sufficient evidence proof its are opposite be defaulted of peasant worker pay extend have power to make decisions. At present some testimony that some makes crime is not worth season, do not accord with sue a condition. Do not accord with sue a condition. According to " procedural law of criminal of People's Republic of China " the 175th the 4th regulation, decide to Ji Mou some is not sued.
(7) procuratorate of Lintiao county people does not sue decision book (rummage accuses punishment does not appeal to [2018]2 date)
Innocent argue nods 30: Is capable perhaps to pay and not clear, evidence is not worth the fact of the work reward that does not pay worker, do not accord with sue a condition
Do not sue reason: Classics this academy is examined and go back complement is investigated, this academy still thinks not clear, evidence is not worth the guilty fact that Lintiao county public security bureau holds. Be not sued is capable perhaps to pay and not clear, evidence is not worth the fact of the work reward that does not pay worker, via two go back complement is investigated still do not accord with sue a condition. According to " procedural law of criminal of People's Republic of China " the 175th 4 regulation, decide to Cai Mou some is not sued.
Case does not prosecute related: Check punishment does not appeal to Zhang Xi [punishment of ministry of procuratorial work of criminal of check of 2018]29 date, harbor does not appeal to [punishment of public prosecution of check of 2018]30 date, meeting does not appeal to [punishment of public prosecution of 2018]65, 64 date, green check does not appeal to [punishment of public prosecution of check of room of 2018]68 date, Beijing does not appeal to [2018]161
(8) brightness south prefectural people procuratorate does not sue decision book (punishment of check of brightness check punishment does not appeal to [2018]29 date)
Innocent argue nods 31: The asset of behavior person all is in close down condition, do not belong to capable to pay and refus does not pay state
Do not sue reason: Classics this academy is examined and go back complement is investigated, this academy still thinks Jilin is saved brightness south not clear, evidence is not worth the guilty fact that prefectural public security bureau holds. Via investigation asset of some under one's name all is in Wang Mou to be closed down condition, do not belong to capable to pay and refus does not pay state, existing evidence cannot be maintained what some has Wang Mou to pay worker pay in order to escape to be a purpose is subjective and intended, do not accord with sue a condition. According to " procedural law of criminal of People's Republic of China " the 175th the 4th regulation, decide to Wang Mou some is not sued.
(9) procuratorate of Nanchang county people does not sue decision book (south check punishment does not appeal to [2018]56 date)
Innocent argue nods 32: Existing evidence cannot prove the unit fastens the main body that use worker worker
Innocent argue nods 33: Existing evidence cannot prove the unit did not pay project money and other to did not pay a laborer existence is causal between salary
Do not sue reason: Classics this academy is examined and go back complement is investigated, existing evidence cannot confirm be not sued the such-and-such department that armour of person Tao Mou is in the main body using worker worker of this case, and cannot decide such-and-such did not pay project money and Zhang Mou some did not pay a laborer whether to exist between salary causal, twice complement investigates afore-mentioned factual classics to still cannot be checked solid, do not accord with sue a condition. According to " procedural law of criminal of People's Republic of China " the 171st the 4th regulation, decide to Tao Mou armour is not sued.
(10) procuratorate of people of division of Beijing Fang Shan does not sue decision book (punishment of public prosecution of Beijing room check does not appeal to [2018]152 date)
Innocent argue nods 34: Existing evidence is put in employ to concern between indemonstrable behavior person and the worker of the salary that be defaulted, do not accord with sue a condition
Classics this academy is examined and go back complement is investigated twice, not clear, evidence is not worth the guilty fact that this academy still thinks room hill substation maintains Beijing public security bureau. Existing evidence is indemonstrable be not sued person Zhang Mou is put in employ to concern between some and the worker of the salary that be defaulted, do not accord with sue a condition. According to " procedural law of criminal of People's Republic of China " the 171st the 4th regulation, decide to Zhang Mou some is not sued.
(11) procuratorate of people of n city developing zone does not sue decision book (stroke check to accuse punishment does not appeal to [2018]15 date)
Innocent argue nods 35: Existing evidence cannot make a thorough investigation of whether does other money exist in what owing money, whether full specified amount pays prepaid design worker salary, whether is both sides put in the relation that distribute a packet
Do not sue reason: Classics this academy is examined and go back complement is investigated, not clear, evidence is not worth the guilty fact that this academy still thinks substation of public security of developing zone of economy of n city public security bureau is maintained. Liu is such-and-such whether to in what owing money, have collect Zou is such-and-such, such-and-such due profit, in the project money that has paid in Liu, collect, whether full specified amount pays Zou worker salary, whether is both sides put in the relation that distribute a packet to wait have not make a thorough investigation of, do not accord with sue a condition. According to " procedural law of criminal of People's Republic of China " the 171st the 4th regulation, decide to Liu Mou some is not sued.
(12) beautiful closes procuratorate of people of area of city fierce river not to sue decision book (Shao Wu check accuses punishment does not appeal to [2018]29 date)
Innocent argue nods 36: Existing evidence fails to form complete evidential chain, cannot objective, true, comprehensive report this case crime fact, cannot remove other and reasonable suspicion
Classics this academy is examined and go back complement is investigated, this case has evidence to fail to form complete evidential chain, cannot objective, true, comprehensive report this case crime fact, cannot remove other and reasonable suspicion. Through go back complement is investigated, accusation Peng is such-and-such make refus do not pay work reward the blame still not clear, evidence is not worth the fact, and without go back complement is investigated necessary, do not accord with sue a condition. According to " procedural law of criminal of People's Republic of China " the 171st regulation, decide to Peng Mou some is not sued.
(13) procuratorate of people of peaceful countryside county does not sue decision book (punishment of public prosecution of courtyard of peaceful country city does not appeal to [2018]74 date)
Innocent argue nods 37: In unit crime, cannot prove behavior person is the direct controller of the unit, do not accord with sue a condition
Classics this academy is examined and go back complement is investigated, not clear, evidence is not worth the guilty fact that this academy still thinks public security bureau of peaceful country city is maintained. This case fastens unit crime, should find out ** of peaceful countryside county limited company reachs his responsibility of direct functionary criminal, but existing evidence can't confirm Xie Mou ** of county of some department peaceful countryside limited company is direct chief. According to " procedural law of criminal of People's Republic of China " the 171st the 4th, " lawsuit of people procuratorate criminal is regular (try out) " the 403rd the first regulation, decide to Xie Mou some is not sued.
(14) procuratorate of people of ripples source city does not sue decision book (punishment of ripples check public prosecution does not appeal to [2018]38 date)
Innocent argue nods 38: Person of real without relevant belongings certificate clear proof action is had pay ability
Classics this academy is examined and 2 times go back complement is investigated, this academy still thinks according to having evidence to maintain Liu Mou hard armour has the action of abscond, and have pay ability, not clear, evidence is not worth the guilty fact that public security bureau of ripples source city holds Liu Mou armour to be suspected of what refus does not pay labor reward. Above all, abscond of Liu some armour and have the evidential inadequacy that pays ability, without relevant belongings the proof confirms its pay ability, accordingly, do not accord with sue a condition. According to " procedural law of criminal of People's Republic of China " the 171st the 4th regulation, decide to Liu Mou armour is not sued.
(15) procuratorate of people of Yu in relief division does not sue decision book (Yu area check accuses punishment does not appeal to [2018]2 date)
Innocent argue nods 39: Having evidence to cannot make a thorough investigation of is service concern or cooperative relation between behavior person, what owe money to belong to work reward or project money
Do not sue reason: Classics this academy is examined and go back complement is investigated, not clear, evidence is not worth the guilty fact that this academy still thinks horizontal substation of Yu of public security bureau is maintained, some and Han dragon dragon are in Liu Mou is employ in this case relation or cooperative relation, place is owed belong to work reward or project money to all cannot make a thorough investigation of, this case does not accord with reason sue a condition. According to " procedural law of criminal of People's Republic of China " the 171st the 4th regulation, decide to Liu Mou some is not sued.
Case does not prosecute related: Punishment of article check public prosecution does not appeal to [2018]14 date
(16) procuratorate of people of smooth far county does not sue decision book (punishment of smooth check public prosecution does not appeal to [2018]1 date)
Innocent argue nods 40: Government of classics of existence of cognizance behavior person instructs the behavior that still does not pay to still lack necessary evidence to give about the branch proof
Do not sue reason: Classics this academy is examined and go back complement is investigated, this academy still thinks public security bureau of smooth far county maintains Guo Mou some is suspected of refus paying work reward blame the fact not clear, evidence is insufficient, government of classics of cognizance Guo such-and-such existence instructs the behavior that still does not pay to still lack necessary evidence to give about the branch proof, and what investigate without complement of 2 go back via examining is necessary. According to " procedural law of criminal of People's Republic of China " reach the 171st times " lawsuit of people procuratorate criminal is regular " (try out) the 403rd the 2nd regulation, decide to Guo Mou some is not sued.
Case does not prosecute related: Punishment of public prosecution of courtyard of Sha car county does not appeal to [2017]14 date
(seventeen) procuratorate of path county people does not sue decision book (punishment of path check public prosecution does not appeal to [2017]141 date)
Innocent argue nods 41: Although behavior person has the action that leaves a company, but to arrive the other place raises fund, and arrangement other stays behind to handle relevant matter in the company, cannot hold the action that pays labor reward to escape
Do not sue reason: This academy thinks, be not sued because person Jiang some armour manages not to be pooh-poohed to bring about a company to cannot pay 89 workers pay 600 thousand yuan, instruction postscript is corrected to raise fund actively in what receive prefectural manpower resource and social security bureau 200 thousand extended to owe a worker the salary July 2015, partner Jiang is arranged later some oneself stays behind to handle relevant matter in the company, oneself raise fund to Fosan, explain its are subjective go up to did not escape those who pay labor reward is intended, also did not carry out hide, destroy by melting or burning, distort the behavior of items of an account, also did not carry out the behavior that transfers punish property, accordingly although its have the action that leaves a company, but this behavior cannot hold the action that pays labor reward to escape. Accordingly, be not sued the behavior of person Jiang some armour does not form refus not to pay work reward the blame. According to " procedural law of criminal of People's Republic of China " the 173rd the first regulation, decide to be not sued to its.
(18) procuratorate of people of peach source county does not sue decision book (punishment of punishment of Hunan peach check does not appeal to [2018]35 date)
Innocent argue nods 42: The specific amount fact that defaults worker pay is not clear, and cannot prove behavior person knows perfectly well labor department make known to lower levels " deadline pays your "
Do not sue reason: Classics this academy is examined and go back complement is investigated, not clear, evidence is not worth the guilty fact that this academy still thinks public security bureau of peach source county is maintained. Be not sued the laborer salary that some defaults person Yang Mou is specific amount fact is not clear, whether its know perfectly well labor of peach source county to ensure censorial group make known to lower levels " deadline pays your " evidence is insufficient, do not accord with sue a condition. According to " procedural law of criminal of People's Republic of China " the 171st the 4th regulation, decide to Yang Mou some is not sued.
Case does not prosecute related:
(19) promote urban people procuratorate not to sue decision book (the punishment that permit be careful in one's conduct does not appeal to [2017]71 date)
Innocent argue nods 43: Big fund is not had on items of an account, cannot prove behavior person has have move, hide belongings or capable to pay and the behavior that refus does not pay
Do not sue reason: Classics this academy is examined and go back complement is investigated, this academy still thinks not clear, evidence is not worth the guilty fact that promotes urban public security bureau to maintain. ** company and be not sued person bark is such-and-such between, Wang Mou is opposite between some and covey, 2 teams already amount of appropriate project money does not have controversy, amount of money of corresponding appropriate project is open to question, existing evidence cannot confirm whether ** company gives Wang Mou money of some appropriate project by the agreement, also cannot decide whether some presses Wang Mou agree to covey 2 groups pay a project the money. And bark is such-and-such have proper motion the circumstance of mat endowment, its already exceeded ** company to give its the project money of appropriate in the defray on ** project, big fund already was not had on its items of an account, cannot prove some has Wang Mou move, hide belongings or capable to pay and the behavior that refus does not pay. Reason, not clear, evidence is not worth this case fact, do not accord with sue a condition. According to " procedural law of criminal of People's Republic of China " the 171st the 4th regulation, decide to Wang Mou some is not sued.
(20) procuratorate of people of county of water of be used to does not sue decision book (punishment of public prosecution of check of be used to does not appeal to [2017]2 date)
Innocent argue nods 44: Behavior person is after defaulting worker pay act to happen ability is taken over, but whether be in charge of pay of pay off worker was not being found out at the same time
Do not sue reason: Classics this academy is examined and twice go back complement is investigated, this academy still thinks to be not sued the liability that whether some admits this company difference to owe laborer wage at the same time when taking over ** company did not find out person Zhang Mou. Not clear, evidence is not worth the guilty fact that this case reviews water county public security bureau is maintained. Do not accord with sue a condition. According to " procedural law of criminal of People's Republic of China " the 171st the 4th regulation, decide to Zhang Mou some is not sued.
(21) procuratorate of people of city of 5 Dalian pool does not sue decision book (black 5 check punishment does not appeal to [2017]12 date)
Innocent argue nods 45: The salary watch that does not have a worker and labor bill, cause exact back pay amount and back pay number unspecified
Innocent argue nods 46: Labor is censorial the branch moves the back pay amount that when sending, holds and public security mechanism move send sue the back pay amount that hold, put in antilogy, specific number and amount cannot accurate check
Innocent argue nods 47: The attestation of relevant witness is checked through the phone, cannot be used as evidence
Do not sue reason: Classics this academy is examined and go back complement is investigated, still do not accord with sue a condition. Public security bureau of city of 5 Dalian pool is maintained, some defaults Li Mou 43 workers pay, add up to RMB 46.1, 4.56 million yuan, in receive instruct after rectifying and reform advice note, be not sued person plum is such-and-such and fictional all sorts of excuse escape the work reward that pays worker. Via checking, discover this record proof is not worth badly, incorporate is as follows: Because do not have salary watch of the worker and labor bill,be, cause exact back pay amount and back pay number unspecified; 2 it is labor censorial branch moves the back pay amount that when sending, holds is 655 thousand yuan, the number is 60 people, public security mechanism moves send sue cognizance back pay amount to be more than yuan 50, the number is 37 people, hind via verifying back pay number it is 43 people, more than yuan 460 thousand (deduct the make a false report that some belt goes to Di Mou 17 people, amount 150 thousand yuan) , put in antilogy, specific number and amount cannot accurate check; 3 be be not sued some offers person Li Mou relating number of its back pay is more than yuan 50. Had reached worker pay with the building among them 245 thousand yuan, return worker pay with cash 200 thousand yuan, change debt to concern more than yuan 60 thousand (have a bill signed in acknowledgement of debt among them 3 people, twenty-seven thousand seven hundred yuan, some confirms Li Mou to still owe the worker that put a line 2 people, thirty-three thousand six hundred yuan, this 2 people coil inside without attestation or IOU) ; 4 be have testimony or receive personnel confirms the personnel that returns firewood is 19 people, amount is one hundred and eighty-three thousand two hundred yuan; Phone connection verifies the number that already returned firewood 10 people, amount 197 thousand yuan; Go up without connection and those who do not have attestation is 9 people, amount 73 thousand yuan. Because phone connection cannot be used as evidence, still partial worker cannot be contacted, whether back pay, whether to return firewood not clear; 6 it is the labour philtrum that already returned, the agreement that only the labor contractor is issued or attestation confirm (Xu is such-and-such 6 people, zhao is such-and-such 9 people) , the attestation that does not have a worker confirms; 7 it is the 17 people that Di Mou takes some, the personnel that has checked is to pass a phone to check, cannot use as evidence, partial personnel did not undertake checking. Accordingly, this case fact is not clear, evidence is insufficient. According to " procedural law of criminal of People's Republic of China " the 171st the 4th regulation, decide to Li Mou some is not sued.
(22) procuratorate of people of calm down county does not sue decision book (punishment of smooth check public prosecution does not appeal to [2017]22 date)
Innocent argue nods 48: Whether refus does not pay 10 above laborer work reward, only the attestation of one person, without other evidence mutual confirm, do not accord with sue a condition
Innocent argue nods 49: Did not explain whether guilty suspect is put in abscond circumstance, took paste understand kind, and roll inside also did not add take a picture, kinescope data, do not belong to classics government to order disbursement case about the branch, do not accord with sue a condition
Do not sue reason: Classics this academy is examined think, the evidence of the respect is insufficient under this case: 1, according to top people court " do not pay case of work reward criminal applicable law about trying refus the explanation of a certain number of problems " the 3rd regulation, "Have one of following state, ought to maintain for criminal law the 276th number of the first one of regulations is larger: (one) the work reward that refus does not pay a laborer 3 months above and number comes in 5000 yuan of 20 thousand yuan of above; (2) the work reward that refus does not pay 10 above worker and amount accumulative total comes in 30 thousand yuan of 100 thousand yuan of above " . In this case, zhang Mou some all confirms some and Peng Mou " we were June 2014 the bottom arrives the project that will do during the last ten-day of a month August " accordingly, some defaults Meng Mou the salary of piece of person such as some is not worth 3 months. Some states Zhang Mou: "Some is owing Meng Mou our salary. We have more than 10 people. " so, be sued is person the first month such-and-such whether the salary that doesn't refus pay 10 above worker? The attestation of person of some of only Zhang Mou, roll inside do not have other laborer note also do not have other evidence again. 2, according to top people court " do not pay case of work reward criminal applicable law about trying refus the explanation of a certain number of problems " the 4th the 2nd regulation, "Behavior person abscond, cannot will instruct pay writ deliver its oneself, live together grown family member perhaps is in an unit to be in charge of closing of the person, if concern a branch to already went through be in,the abode ground that is a person, production manages paste of spatial and other places to instruct pay the means such as writ to instruct pay, use take a picture, the means such as kinescope records, ought to regard as " classics government is instructed about the branch pay. " in this case, resource of manpower of calm down county and social security bureau did not explain whether guilty suspect is put in abscond circumstance, took paste understand kind, and roll inside also did not add take a picture, kinescope data. Above problem, although via mechanism of public security of two go back complement is investigated, but still did not get new evidence, public security bureau of calm down county sues opinion book to maintain be not sued person the first month is such-and-such not clear, evidence is not worth the fact that is suspected of refus paying work reward the blame, do not accord with sue a condition. According to " procedural law of criminal of People's Republic of China " the 171st the 4th regulation, decide to Meng Mou some is not sued.
(23) procuratorate of people of Shao Dong county does not sue decision book (punishment of courtyard of Shao Dong county accuses punishment does not appeal to [2017]70 date)
Innocent argue nods 50: The unit closes to be not answered because of loan, the goods of inventory sells do not go out, cause circulating fund chain to rupture, and period of time of hair of unit account on record does not have remaining sum of a good deal of capital daily, do not attribute the situation that pay ability and does not pay
Innocent argue nods: Because of the government sector intervene, the asset that causes pair of units deals with and counterpoise independently without essence, cannot maintain an unit to assets of company of move, punish escapes the behavior that pays laborer reward
Do not sue reason: Classics this academy is examined and 2 times go back complement is investigated, this academy still thinks not clear, evidence is not worth the guilty fact that public security bureau of Shao Dong county holds. Reason is as follows: One, maintain be not sued the evidence that some has person Li Mou to pay ability and do not pay is insufficient. Via be not being sued some oneself offers person Li Mou the attestation of many worker confirms remark, since June 2015, limited company of science and technology of Hunan ** electron closes to be not answered because of loan, the goods of inventory sells do not go out, cause circulating fund chain to rupture. At the same time mechanism of classics public security checks, the company account on record of limited company of science and technology of Hunan ** electron sends period of time not to have remaining sum of a good deal of capital daily. Existing evidence has not find out this company to whether other belongings still can be used at paying a worker work reward. 2, maintain be not sued the evidence that some escapes the work reward that pays worker with belongings of move, punish is not worth person Li Mou. In case hair process, prefectural government is garrisoned at establishing a side to support a group in September 2015 limited company of science and technology of Hunan ** electron, this company is opposite after this to company assets deals with and counterpoise independently without essence. But came in June 2015 during September, be not sued whether do some have person Li Mou assets of company of move, punish escapes the behavior that pays laborer reward, lack evidential proof. Reason has evidence according to this case, still do not accord with sue a condition. According to " procedural law of criminal of People's Republic of China " the 171st the 4th regulation, decide to Li Mou some is not sued.
(24) procuratorate of people of port area of dragon of calabash island city does not sue decision book (public punishment of Hu dragon check does not appeal to [2017]20 date)
Innocent argue nods 51: Cannot have accounting audit to the economic atmosphere of this company, cannot affirm whether this unit is belonged to " capable to pay and do not pay " this one case, do not accord with sue a condition
Do not sue reason: Classics this academy is examined and go back complement is investigated, not clear, evidence is not worth the guilty fact that this academy still thinks substation of harbor of dragon of public security bureau maintains: Through be opposite some offers Zhao Mou narrate and of on record evidence examine, because its and Xu are such-and-such,can maintain or Xu is such-and-such the limited company of build and repair of Liaoning ** shipping that is president has debt to concern, xu is so such-and-such limited company guaranty gives a calabash island ** Zhao Mou some, use at monitoring land flow direction through this kind of means, this should be objective and true, some did not participate in Zhao Mou the company is managed, manufacturing management. Next, such-and-such without evidential indication Zhao to calabash island ** limited company existence transfers the method such as belongings, conceal to escape the behavior that pays laborer work reward, because of Xu Mou some did not arrive case, cannot have accounting audit to the economic atmosphere of this company now, cannot affirm whether this unit is belonged to " capable to pay and do not pay " this one case, do not accord with sue a condition. According to " procedural law of criminal of People's Republic of China " the 171st the 4th regulation, decide to Zhao Mou some is not sued.
(25) procuratorate of prosperous county people does not sue decision book (punishment of check public prosecution does not appeal to [2017]4 date)
Innocent argue nods 52: Back pay amount is hard to make a thorough investigation of, and the arbitral ruling book that labor department makes have not become effective
Do not sue reason: Classics this academy is examined and go back complement is investigated, this academy still thinks amount of Liu such-and-such back pay is hard to make a thorough investigation of, and the arbitral ruling book that department of prosperous county labor makes have not become effective, not clear, evidence is not worth the guilty fact that public security bureau of county of onetime capital prosperous holds, do not accord with sue a condition. According to " procedural law of criminal of People's Republic of China " the 171st the 4th regulation, decide to Liu Mou some is not sued.
(26) procuratorate of people of Wen Chang city does not sue decision book (punishment of article check public prosecution does not appeal to [2017]2 date)
Innocent argue nods 53: Hair bag just is defaulted contract square project money is contract dispute, project money may include labor pay, but cannot be equal work reward, cannot hold the work reward to default laborer
Innocent argue nods 54: The project money that pays according to it, already enough pays a worker total wages, nonexistent be not sued the problem that the unit defaults worker pay
Do not sue reason: This academy thinks, be not sued company of unit Fujian ** defaults guilty suspect Zhang Mou now 1372521.6 yuan behavior does not make some project money refus does not pay work reward the blame. Reason is as follows: (1) the behavior boy or girl friend that refus does not pay work reward the blame is " the work reward of laborer " . ... reason is not sued company of unit Fujian ** defaults piece of such-and-such project money is the contract dispute between its both sides, cannot hold the work reward to default laborer. (2) be not sued the project money that company of unit Fujian ** already paid to exceed 80% according to it gives Zhang Mou some, and pays project money 6155400 yuan, enough pays worker total wages 4584416 yuan, nonexistent be not sued the problem that company of unit Fujian ** defaults worker pay. On put together, be not sued company of unit Fujian ** defaults guilty suspect Zhang Mou the behavior of some project money does not form refus not to pay work reward the blame. According to " procedural law of criminal of People's Republic of China " the 173rd the first regulation, the decision builds engineering limited company to be not sued to Fujian Province ** .
(27) procuratorate of people of Yangzhou city developing zone does not sue decision book (raise opens check to accuse punishment does not appeal to [2017]1 date)
Innocent argue nods 55: Existing evidence cannot prove behavior person is subjective on have escape those who pay laborer reward is intended
Do not sue reason: Classics this academy is examined and go back complement is investigated, not clear, evidence is not worth the guilty fact that this academy still thinks substation of developing zone of Yangzhou city public security bureau is maintained, existing evidence can prove to be not sued only person Shao is such-and-such defaulted worker pay, but subjective to its go up to whether be had escape those who pay laborer reward is intended, not clear, evidence is not worth the fact, reason is not accorded with sue a condition. According to " procedural law of criminal of People's Republic of China " the 171st the 4th regulation, decide to Shao Mou some is not sued.
[keyword] refus of He Guanshu's lawyer does not pay empty of counsel for the defence of crime of Wu of duty of work reward blame to open value added tax special bill blame counsel for the defence
