1. How many times can the crime of refusing to enforce the law be pursued
As for the question of how many times the crime of refusing to enforce the law can be pursued, there is no such thing as how many times the crime of refusing to enforce the law can be pursued. Refusal to execute the judgment of the People's Court The crime of ruling refers to the serious act of refusing to implement the judgment or ruling of the people's court. There is no such thing as just a few sentences. If there are many executions and the circumstances of the refusal to execute are serious, then there will be several sentences. Of course, if there are these two behaviors before the execution of the judgment, it will definitely be a one-time sentence. But if there are more after the execution of the judgment, This kind of behavior can also be sentenced again.
According to the "Criminal Law of the People's Republic of China", "Criminal Procedure Law of the People's Republic of China", "Civil Procedure Law of the People's Republic of China" and other legal provisions, the refusal of the trial Several issues concerning the application of law in the execution of judgments and rulings in criminal cases are explained as follows:
Article 1: Persons subject to execution, persons with obligations to assist in execution, guarantors and other persons with the obligation to execute the judgments and rulings of the People’s Court, If the person refuses to implement the judgment or order of the People's Court, and the circumstances are serious, he shall be punished as the crime of refusing to implement the judgment or order in accordance with the provisions of Article 313 of the Criminal Law.
Article 2 If the execution obligor has the ability to perform and commits any of the following acts, he shall be deemed to be "other" as stipulated in the "Interpretation of Article 313 of the Criminal Law" of the Standing Committee of the National People's Congress. Refusal to execute judgments and rulings in serious circumstances":
(1) A person who has the ability to execute but refuses to execute, and the circumstances are serious. Refusing to report or falsely reporting property, violating the People's Court's order restricting high consumption and related consumption, etc., and still refusing to comply despite taking fines, detention and other compulsory measures;
(2) Forgery, Destroy important evidence related to the ability of the person subject to execution to perform his obligations, use violence, threats, bribery and other means to prevent others from testifying, or instruct, bribe or coerce others to give false testimony, hinder the people's court from ascertaining the property of the person subject to execution, resulting in judgments and rulings Unenforceable;
(3) Refusal to deliver the legal documents or bills designated to deliver the property or refuse to move out of the house or land, rendering the judgment or ruling unenforceable;
(4) Colluding with others to obstruct execution, conducting false arbitrations, false settlements, etc., resulting in judgments and rulings being unenforceable;
(5) Collusing with others to obstruct execution, conducting false arbitrations, false reconciliations, etc., resulting in judgments and rulings being rendered unenforceable;
, the ruling is unenforceable. (
(5) Use violence or threats to prevent execution personnel from entering the execution site, or gather a crowd to cause trouble or attack the execution site, making execution work impossible;
(6) Insult and besiege , detaining and beating execution personnel, making it impossible to carry out execution work;
(7) Destroying or looting execution case files, execution vehicles and other execution tools while performing official duties;
( 8) Destroying or seizing execution file materials, execution vehicles and other execution tools, execution personnel's clothing, and execution documents, making execution impossible;
(9) Refusing to execute court judgments and rulings, causing creditors to (2) If the person applying for execution files a complaint, the public security organs and the People's Procuratorate will not pursue criminal liability against the person with execution obligations.
In private prosecution cases in accordance with Article 4 of the "Interpretation". Article 206 of the Procedural Law stipulates that the private prosecutor may reconcile with the defendant or withdraw the private prosecution before the judgment is announced.
Article 5: Criminal cases where the judgment or ruling is refused are generally enforced. The people's court where the court is located shall have jurisdiction.
Article 6 If a defendant who refuses to execute a judgment or order performs all or part of his execution obligations before the first-instance judgment is pronounced, he may be punished leniently as appropriate.
< p>Article 7 Defendants who refuse to implement judgments and orders on payment of alimony, support, childcare, pensions, medical expenses, labor remuneration, etc. may be severely punished as appropriate.Article 1 of this Interpretation. Article 8 shall come into effect on the date of promulgation. If previously issued judicial interpretations and normative documents are inconsistent with this interpretation, this interpretation shall prevail.
Article 313 of the "Criminal Law of the People's Republic of China" *** Whoever is capable of executing the judgment or ruling of the People's Court but refuses to execute it, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention Or a fine; if the circumstances are particularly 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 in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
2. If it constitutes a crime of refusing to execute a judgment or ruling, how to investigate the liability?
Whoever commits this crime and the circumstances are serious shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years and shall also be fined. If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
3. A minor may refuse to defend multiple times
A minor may refuse to defend once. Article 572 of the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law stipulates that if a minor defendant or his legal representative refuses to defend himself in court, the provisions of paragraphs 1 and 2 of Article 254 of this interpretation shall apply. After the trial is reopened, if the minor defendant or his legal representative again refuses to appear in court for defense, the case shall not be allowed. If the defendant who is to be re-opened for trial has reached the age of 18, the defendant may be allowed to re-open the trial, but he may not appoint another defender or request to appoint another lawyer, and he shall defend himself.
I hope the above content will be helpful to you. If you have any other questions, please consult a professional lawyer.
Legal basis: "People's Republic of China, National Criminal Law
Article 313: If a people's court has the ability to execute a judgment or ruling but refuses to execute it, the circumstances are serious If the case is particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined.
If a unit commits the crime in the preceding paragraph, the unit shall be sentenced to a fine. , and the person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.