导报记者 陈捷 通讯员 厦法宣/文 陶小莫/漫画）落马官员唯一住房，法院怎么执行？ Taiwan Straits Network January 1 (Straits Herald Reporter Chen Jie Correspondent Xia Faxuan / Wen Tao Xiaomo / Comics) How can the court enforce the only house for the officials who have fallen? How to deal with criminal property in black and evil cases ...
Yesterday, the Xiamen Intermediate People's Court released the top ten typical cases of criminal property enforcement in 2019. The reporter from the Herald selected some of them to report. Let's take a look at how the courts implemented these criminal property cases.
It is reported that the courts at both levels of Xiamen City will actually increase their efforts in criminal property enforcement cases in 2019. In the whole year, the courts at both levels of the city accepted a total of 3608 criminal property enforcement cases, concluded 2946 cases, and implemented 139 million yuan. The amount in place increased by 37.45%.
Case 1 Lok Ma officials and couples share property. How to implement it?
Xie Mou was originally a department-level cadre. He was sentenced to eight years in prison with a criminal sentence in force by the Xiamen Intermediate People's Court for crimes of accepting bribes and abuse of power.
After the case was transferred and executed, the executive officer sealed off the property owner Xie, and told the family member of the executed person to cooperate with the court in disposing the property. Since then, the wife of the executed person Xie Mou reported to the court to cooperate with the investigation that the real estate was the only real estate that she and Xie Mou jointly owned, and urged the enforcement court to grant a certain grace period, which would be funded separately by the execution court to determine the effective legal documents. Obligations.
Considering the basic living and security of the family members of the executed person, the enforcement court granted a two-month grace period to raise corresponding funds after the family members of the executed person made a commitment. At the same time, it is clear that failure to fulfill the promise will face the legal consequences of enforcement.
In the end, the family members of the executed person fulfilled their promises as scheduled and settled all remaining funds on their behalf. In this case, the case was completed without a mandatory auction within the period of less than 3 months.
Case 2 The first man involved in the crimes, Qianwan Mansion, how to deal with it?
What should be done with the property of the first criminal involved? Yesterday, the court also released such a criminal property enforcement case.
The defendant, Yan Momin, and other 24 people organized, led, and participated in triad crimes. This is the first case involving triads concluded by the Huli court since the special campaign to combat gangs. The case took only 51 days from the filing of the case to the judgment of the first instance. It was also the first black case in China to be pleaded guilty and punished since the amendment of the Criminal Procedure Law in 2018. However, after all criminals have pleaded guilty, the fight against gangsters has not yet ended, and the disposal of gangster-related property remains the focus of attention of the people.
According to reports, the penal status of the property in this case is as follows: the first offender Yan Moumin was sentenced to confiscation of all property, three people were sentenced to confiscate 200,000 yuan of personal property, the defendants in the whole case were sentenced to a total penalty of 2.171 million yuan, and ordered to refund 24 victims 8998460 yuan.
After the case of 24 persons including Yan Moumin was transferred for execution, five executed persons actively paid a fine of 46,000 yuan through their families. During the investigation phase, the public security organs frozen a total of 9 bank accounts of the executed person, frozen the equity of the two companies held by the first criminal Yan Moumin, seized 4 parking spaces of 5 houses in the name of the first criminal Yan Momin, and seized other executions. 8 cars under the name. All the above properties were transferred to the Executive Bureau of Huli Court for execution.
At present, the real estate and two attached parking spaces in Binhu Erli, Haicang District, owned by the executed person, have been sold for 13705245.16 yuan. After the mortgage case is paid, the balance will be used to refund 24 Victims.
How is the common property of husband and wife executed?
The judge said that the execution of property crimes for duty crimes often involves the disposal of common property with others, especially the common property of husband and wife. In this case, the real estate to be disposed of by the executive court was the only real estate shared by the husband and wife. During the execution, both the content determined by the legal document and the basic living security of the spouse of the executed person must be considered. In the end, based on the concept of good faith enforcement, the court granted family members a certain grace period to raise funds to achieve the unity of the legal and social effects of the case.
Disposal of gangster property for victims' compensation
The judge said that criminal property enforcement cases involving criminal forces have the characteristics of more victims and more victims. To completely cut off the harmful effects of criminal forces from the root, we must cut off the economic sources of criminal forces. The "evil wealth and bloodshed" of the evil elements effectively prevented the resurgence of the evil forces. This case strengthened the investigation of property clues, accurately attacked the economic sources of the evil forces, quickly disposed of the properties of the evil forces, allowed the victims to obtain economic compensation, cut off the damage from the root, and completely eliminated the major hidden dangers to social stability. Promote the special struggle against evil and evil to develop in depth.