Usually, after applying to the court for enforcement, the court will search the executable property of the parties in accordance with the regulations, but for some hidden property, the applicant may need to prove the enforceability of the property. ?
Usually the person subjected to execution says that there is no money to pay back, but he doesn't say whether there are other valuable things such as real estate, stocks, cars, etc. If further investigation is needed on automobiles and real estate, it is suggested to entrust a lawyer to the vehicle management office and the housing management office for investigation. If there are other valuable things, they are also capable of execution.
If the person subjected to execution really has no property to execute, the execution procedure will be extended. At this time, as a creditor, he can actively cooperate with the court to trace the property clues of the person subjected to execution. If the creditor finds that the person subjected to execution has other property, he may request the people's court for execution at any time. ?
Article 111 of the Civil Procedure Law If a litigant participant or other person commits one of the following acts, the people's court may impose a fine or detain him according to the seriousness of the case; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Forging or destroying important evidence, which hinders the people's court from hearing a case; ?
(2) using violence, threats or bribes to prevent witnesses from testifying or instigating, bribing or coercing others to commit perjury; ?
(3) Hiding, transferring, selling off or destroying the property that has been sealed up or detained, or transferring the property that has been counted and ordered to be kept; ?
(4) Insulting, slandering, framing, beating or retaliating against judicial personnel, participants in litigation, witnesses, translators, expert witnesses, inspectors and assisting executors; ?
(5) Obstructing judicial personnel from performing their duties by violence, threat or other means; ?
(6) Refusing to perform a legally effective judgment or ruling of the people's court. ?
The people's court may impose a fine or detention on a unit that commits one of the acts listed in the preceding paragraph; If a crime is constituted, criminal responsibility shall be investigated according to law. ?
Article 313 of the Criminal Law Crime of refusing to execute a judgment or written order Whoever refuses to execute a judgment or written order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or fine; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. ?
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph. ?
Extended data:
On June 5438, 2005, the person subjected to execution escaped from judicial custody.
"Catch him, catch him", the abrupt voice sounded in the litigation service hall of Qianjiang District Court. Blink of an eye, I saw a burly man (Wang) rushing out of the mediation room on the first floor of the litigation service hall, followed by the assistant judge and the clerk. ?
When Zong Jiguang, the bailiff on duty, saw it, he immediately greeted Wang, who fled in panic. However, because Wang was too fast and his clothes were too slippery, Wang broke away from the bailiff and continued to stagger to the steps at the entrance of the hall to escape. When there were only four or five steps left, he slipped and rolled down the steps, but Wang quickly got up and rushed to the opposite road.
The bailiff Zong Jiguang, the judge's assistant and the clerk have been chasing after him, flying across the road, arresting Wang about 30 meters away from the court gate and issuing a warning, and then quickly bringing Wang back to the execution mediation room. ?
It is understood that Wang is the executor of a loan contract dispute case. During the execution, the other two persons involved in the case agreed to pay the case. One said that he was unable to pay the case and refused to sign the execution record. The clerk noted on the record that Wang refused to sign.
When the judge's assistant told him that he would be taken compulsory measures to evade the obligation of performing effective legal documents, Wang rushed out of the room unprepared for fear of compulsory punishment in an attempt to escape and evade execution. ?
Because of the above behavior, it was submitted to the collegial panel for discussion. With the approval of the dean, it was decided to put Wang in administrative detention 15. The judge reminded that resisting execution and evading execution may be investigated for criminal responsibility.
Window of Xishuangbanna Public Security Bureau-Criminal Law
Chongqing Court Network-The executed person evades execution by judicial custody 15.