1. Judgment or ruling: including the original judgment or ruling and its related supplementary and amendment documents. These documents should include important information such as court name, case number, cause of action and judgment.
2. Application for execution: If a person refuses to execute a crime, he shall provide an application for refusal to execute or a related application for execution, which shall include the basic information of the applicant, the execution request and the basic information of the person subjected to execution.
3. Property certificate of the person subjected to execution: provide property certificate of the person subjected to execution, such as bank deposit certificate, property certificate, vehicle certificate, etc. These documents should be originals and valid documents, which can prove that the person subjected to execution has executable property.
4. Application for enforcement: If the applicant needs to realize his creditor's rights through enforcement, he/she needs to provide the relevant application for enforcement. The application shall specify the reasons for compulsory execution, the mode of execution, the time limit for execution, etc.
5. Witness testimony or evidence materials: If there are witnesses who can provide testimony related to the crime of refusing to execute, or there are other evidence materials that can prove that the person subjected to execution intentionally refuses to execute the judgment or ruling, the lawyer editor needs to prepare these witness testimonies or evidence materials.
6. Other relevant evidential materials: According to the needs of specific cases, it may be necessary to provide other relevant evidential materials, such as lawyers' letters, agreements and contracts.
When preparing the list of materials for refusing criminal evidence, we should carefully check the completeness and accuracy of each document. Ensure that all evidence materials are legal and valid, and can support the applicant's claim of refusing to plead guilty. At the same time, the lawyer editor also needs to provide appropriate legal opinions and suggestions according to the specific legal provisions and case conditions to ensure that the applicant can successfully realize his creditor's rights.
Refusal to apply for preservation of criminal evidence refers to a written document that applies for preservation measures in order to ensure the integrity and reliability of criminal evidence in a case of refusal. The application lists in detail the contents, sources, preservation methods and other information of the evidence of refusing the crime, and attaches relevant certification materials. By submitting this application, the applicant hopes that the court can take corresponding preservation measures to ensure that the evidence of refusing to commit a crime will not be tampered with, destroyed or lost, so as to safeguard the fairness and legality of the case. The contents of the application should be accurate and comprehensive, and meet the requirements stipulated by law, so as to improve the possibility of successful application.
Legal basis:
Criminal Procedure Law of People's Republic of China (PRC) (as amended on 20 18);
Chapter VI Compulsory Measures Article 78 The executing organ may adopt electronic monitoring, unscheduled inspection and other monitoring methods to supervise the compliance of the criminal suspect and defendant whose residence is under surveillance. During the investigation, the communication of the criminal suspect who is under surveillance can be monitored.