Fined fines+detention, the consequences of false statements are serious

Zhou Qingsha, a reporter of Henan Daily Client, Wang Xinxin

Honesty and faith is the basic principle of civil lawsuits. In violation of this principle, it will be subject to legal sanctions. A few days ago, Li paid the price for his false statement. He was fined 2,000 yuan by the People's Court of the Central Plains District of Zhengzhou and 15 days of judicial detention.

In May 2021, the plaintiff Xiao Zhen and the defendant Zhengzhou Education Consulting Co., Ltd. (later referred to as the "Education Consulting Company") service contract dispute. After the court tried, the defendant's education consulting company refunded the tuition fee of 3144 yuan. However, after the verdict came into effect, the education consulting company did not refund the tuition fee to Xiao Zhen, and Xiao Zhen applied to the court for compulsory implementation.

After the case was filed, Li Mou, the legal representative of the executive education consulting company, promised to return the tuition soon. Considering that the amount was large, the executed person made a commitment again, and the application for the executive submitted an application for the withdrawal execution to the court.

But after the case was withdrawn, the executed person had eaten. During this period, the undertaking judge Zheng Qi contacted Li Mou, the legal representative of the executed person through the form of a SMS, and Li Mou promised to refund the tuition fee on time, saying that the tuition fee that had been refunded was hit into the court's execution account. However, after verification, the court's execution account did not enter the account. When the judge contacted Li, he "disappeared". In desperation, the applied executive had to apply to the court to resume the execution.

After the resumption of execution, in view of Li's false statement, refusing to report the company's property status, and refusing to fulfill the obligations determined by the effective legal documents, the court decided to fine 2,000 yuan in the legal representative of the executed person and 15 days of judicial detention. After receiving a fine and detention decision, Li realized that he couldn't go on again. He refunded the tuition fee of 3144 yuan to the applicant in full, paid a fine of 2,000 yuan in accordance with the law. People apologize. In view of Li's performance, the court decided not to implement judicial detention on Li.

The judge said that during the lawsuit, no one had false statements or had other dishonest behaviors. Don't be lucky, make up lies, conceal the truth, and eventually only move stones to smash your feet.

Legal tips:

Civil Procedure Law of the People's Republic of China

Article 114 If the participants or other people have one of the following behaviors, the people's court may be fined or detained according to the seriousness of the circumstances; if a crime is constituted, criminal liability is investigated according to law:

(1) Forgery and destruction of important evidence, which hinders the people's court trial;

(2) Prevent testimonial testimony to prevent witnesses or instructions, bribery, and compasses others as pseudo -testimony with violence, threats, and bribery.

(3) Hidden, metastasis, sold, and damaged property that has been sealed and detained, or the property that has been counted and ordered it to be custody, and transferred to the frozen property;

(4) For judicial staff, participants, witnesses, translators, appraisers, investigators, and assistance to execute, they will insult, slander, framed, beat or fight revenge;

(5) If violence, threats, or other methods hinder judicial staff to perform their duties;

(6) If the judgment and ruling of the people's court have had a legal effect.

The people's courts who have one of the actions stipulated in the preceding paragraph may be fined or detained by their main responsible person or directly responsible persons; if a crime is constituted, criminal liability is investigated in accordance with the law.

Article 248 The obligation to perform the legal documents shall be reported in accordance with the implementation of the legal documents in accordance with the execution notice. If the executed person refuses to report or reports a false report, the people's court may be fined or detained to the executed person or the legal agent, the main responsible person or the main responsible persons of the relevant unit, or the relevant units.

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