Failure to fulfill the fine and penalty

  Under the supervision of the Taixing City Procuratorate of Jiangsu Province, on the morning of July 20th, Yang's wife paid a fine of 100,000 yuan to the court and drove back the Mercedes-Benz that had been impounded by judicial officers.

  At the end of 2019, Yang was sentenced to two years and three months in imprisonment and fined 100,000 yuan for the crime of fraud and provocation. The judgment stipulates that the fine shall be paid within ten days after the judgment becomes effective. After the verdict, Yang was sent to prison to serve his sentence. After that, Yang did not pay a fine for economic difficulties.

  On May 20 this year, when the prosecutor of the Taixing City Procuratorate visited Yang’s residence in the city, his family reported that the family’s financial difficulties were incapable of performing the property penalty on their behalf. But one detail aroused the attention of the visitors. Some people reported that they had seen Yang himself drive a Mercedes-Benz to his hometown. Afterwards, the prosecutor contacted Yang's wife by phone and found that Yang's wife had a negative attitude and was unwilling to ask about Yang's affairs, and refused to answer the situation of the vehicle.

  Considering the cause of the epidemic, the prosecutor changed his work thinking and met with Yang on the morning of June 11 through a remote meeting appointment through the Taixing Judicial Bureau. After education, Yang was very remorseful for his crimes and hid his face many times, expressing willingness to pay a fine, but he is currently serving his sentence in prison and is unable to perform his property sentence.

  When the prosecutor asked him if he had a Mercedes-Benz car, Yang admitted: “There is indeed a Mercedes-Benz car at home. It is registered with the DMV in my name. After the incident, the car was handed over to my wife to drive.”

  In the afternoon, the prosecutor went to the Taixing City Vehicle Administration to inquire about Yang's motor vehicle information. After investigation, Yang had a Mercedes-Benz sedan under his name, with a market price of about 300,000 yuan.

  On June 15th, the Taixing City Procuratorate issued a property penalty enforcement procuratorial proposal, and submitted clues about the property penalty that could be enforced, suggesting that investigation and control measures should be taken as soon as possible. On June 24, relevant units went to the Vehicle Administration Office of Taixing Public Security Bureau to seize Yang's Mercedes-Benz.

  On the morning of July 9, Taixing City Public Security Bureau and other units seized Yang's Mercedes-Benz. At the scene of the seizure, the executive bureau of the court informed Yang's wife that if she is still unwilling to pay the fine on her behalf, the Mercedes-Benz will be auctioned according to law.

  On the morning of July 20, the court returned the Mercedes-Benz after receiving the fine paid by Yang's wife.

  Lu Zhijian Ge Dongsheng Xia Xing