case analysis
Defendant Lin filed a lawsuit with the Chongwen District People's Court in Beijing for a dispute over property ownership with his ex-wife's grandson. During the trial of this case, the plaintiff Sun applied to the court for litigation preservation of the defendant Lin's property and provided the corresponding guarantee. After examination, the Chongwen District Court made a ruling, served a seal-up ruling and a notice of assistance in execution on the securities limited liability company, and requested the securities limited liability company to freeze the deposit of 600,000 yuan in the forest stock account. After the first-instance judgment of the case was made, Lin refused to accept the appeal, and the Beijing No.2 Intermediate People's Court upheld the original judgment. Lin, the person subjected to execution, failed to perform the effective judgment on schedule, and Sun, the plaintiff in the original trial, applied to the court for execution. When executing the property of the defendant Lin, the executive court of Chongwen District Court found that the frozen 600,000 yuan was missing.
After investigation, the securities limited liability company proved that after learning that his account was frozen, Lin transferred 1.4 million yuan including the above-mentioned 600,000 yuan to his sister's account in the securities company by means of "internal transfer", and then took it out through Lin's account in the Industrial and Commercial Bank of China.
The executive court of the court immediately reported the case to Chongwen Branch of Beijing Public Security Bureau and made a judgment. Shen Yin Wanguo Securities Co., Ltd., which is responsible for this, shall be liable for compensation within the scope of losses. The Chongwen District Public Security Bureau arrested the suspect Lin and detained him in criminal detention, and reported to the Chongwen District People's Procuratorate for approval.
Later, on February 23, 2004, the People's Procuratorate of Chongwen District of Beijing filed a public prosecution with the court for the crime of illegally disposing of frozen property. The crime of illegally disposing of frozen property is a sub-crime of illegally disposing of the crime of sealing up, distraining and freezing property. According to Article 3 14 of China's Criminal Law, the crime of illegally disposing of seized, seized or frozen property refers to a serious crime of hiding, transferring, selling off or intentionally destroying the property that has been seized, seized or frozen by judicial organs. The crime is punishable by fixed-term imprisonment of not more than three years, criminal detention or a fine.
As mentioned above, Articles 3 13 and 3 14 of China's Criminal Law, and Articles 92-99 and 102 of the Civil Procedure Law respectively stipulate the circumstances and consequences of concealing or transferring property in the course of litigation, effectively preventing the parties from hiding or transferring property in order to avoid debts.
Second, the current law stipulates that
Item (3) of Article 102 of the Civil Procedure Law of People's Republic of China (PRC) (hereinafter referred to as the Civil Procedure Law) stipulates that if the property that has been sealed up or detained is hidden, transferred, sold or destroyed, or the property that has been counted and ordered to be kept is transferred to the frozen property, the people's court may impose a fine or detention on the unit that violates this provision, which constitutes a crime. With regard to the enforcement link, Article 44 of the Provisions of the Supreme People's Court on Several Issues Concerning the Enforcement of People's Courts (Trial) stipulates that "if the person subjected to execution or other persons dispose of the seized, detained or frozen property without authorization, the people's court has the right to order the responsible person to recover the property within a time limit or bear the corresponding liability for compensation." In addition, Article 313 of the Criminal Law of People's Republic of China (PRC), which is the most severely punished, stipulates that "if the circumstances are serious and the people's court refuses to implement the judgment or ruling, it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or fine."
Accordingly, Article 3, paragraph 1 (1) of the Interpretation of the Supreme People's Court on Several Issues Concerning Refusal to Execute Judgments and Rulings on the Specific Application of Laws stipulates that "after the issuance of the notice of execution, if the property that has been sealed up, detained, counted and ordered to be kept according to law is hidden and transferred, and the frozen property is transferred, so that the judgment or ruling cannot be executed, according to the above provisions, if the property is sealed up, detained or frozen by the people's court without authorization, the responsible person shall be excluded. It can be seen that the premise of unauthorized disposition (illegal disposition) should be that the disposed property is sealed up, detained and frozen by the people's court according to law, regardless of the original intention of the responsible person, as long as the above two conditions are met, it constitutes.