Husband dies in car accident, wife seriously injured mother-in-law and jailed for swallowing millions of indemnities
Text/Guangzhou Daily All-Media Reporter Chen Zhijia, Correspondent Xu Beixun and Chen Ling
A sudden traffic accident caused the young Huang to lose his life, and his wife Li was also seriously injured and disabled in the accident.
In this traffic accident, the mother-in-law received more than one million yuan in compensation after the court heard the judgment.
However, what is unexpected is that she also took away and hid the parts that should belong to the daughter-in-law and granddaughter, and refused to execute the court's judgment in an attempt to monopolize the compensation.
Recently, this wealthy mother-in-law was sentenced to one year and three months in prison by the Doumen District Court of Zhuhai City for refusing to execute the sentence.
"In the past, my relationship with my daughter-in-law was quite good. After my son's accident, I also wanted to use the compensation money to take care of the seriously injured daughter-in-law and use it for my granddaughter to study. But then they took me to court and my heart became flustered. I’m a rural woman. I don’t understand the law. I just thought about hiding with money and nothing happened. Others couldn’t find me. I didn’t realize that my actions violated the law until I was sentenced. During this period of hiding, I have always felt guilty in my heart. I know how much damage my actions have caused to my daughter-in-law and granddaughter, and I will try my best to make up for it after the sentence expires."
—— Granny Huo
She "absconded" with money
After Li and Huang were married, they lived with his mother-in-law Huo. Soon the couple had a lovely daughter, Yingying, and the family got along well and enjoyed themselves well.
But a sudden traffic accident claimed the life of her husband Huang, and his wife Li was also seriously injured in the accident.
After the trial and judgment of Doumen Court, Li, her daughter Yingying, and her mother-in-law Huo should receive a total of more than 1.2 million yuan in compensation for the traffic accident.
Enforced by the court, the compensation of more than 580,000 yuan in place was collected by the mother-in-law Huo, while Li and her daughter Yingying did not actually receive any compensation.
In addition, Huang bought life insurance before his death. The 600,000 yuan of compensation paid by the insurance company was also collected by his mother-in-law Huo, but the mother-in-law did not return the part that belonged to the daughter-in-law and granddaughter to them after receiving the compensation.
Therefore, Li and his daughter Yingying went to Doumen Court and asked her mother-in-law Huo to return the compensation they should have received.
The court decided that Huo would return a total of 600,000 yuan in compensation to Li and Yingying.
During the litigation of the case, Huo withdrew 850,000 yuan from the bank. After the judgment took effect, Huo even left the residence with the remaining money, hid his identity, and refused to execute the court's effective judgment.
Executor: Refusal to execute the sentence and pursue criminal responsibility
my country’s law stipulates that people’s courts have the ability to execute judgments and rulings but refuse to execute them. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or fine; if the circumstances are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and Fine.
In enforcement cases, the person subject to enforcement must consciously perform the obligations determined by the judgment and ruling. If there are acts such as hiding, transferring, deliberately destroying property or transferring property for free, transferring property at an obviously unreasonable low price, etc., the judgment or ruling cannot be enforced. , It belongs to the “capable of execution but refusal to execute, the circumstances are serious” stipulated by the law.
In this case, Huo had the ability to execute the civil judgment but absconded with the money, and did not pay the penny to his daughter-in-law and granddaughter. This is a situation where the judgment cannot be executed due to the hidden and transfer of property, which constitutes the crime of refusal to execute the judgment, and he must bear the corresponding criminal responsibility.
The trial judge of the case stated that Huang's compensation for his life "replaced" destroyed the family relationship between his mother and his wife and daughter.
For Huang, I definitely don't want to see such an ending.
In recent years, there have been many cases of parents, brothers, and sisters competing for compensation. The previous family relationship has gone further and further in quarrels and family battles in court.
I hope that the family members can understand each other, support each other, care more and care less, and don’t hurt the family relationship because of money disputes.
Home, whether poor or rich, as long as a family is together, it is happiness.
Granny Cai Mi Xinqiao sentenced to 15 months
After the traffic accident, Huo, who lost his son, and Li, who lost his husband, were supposed to support each other and tide over the difficulties together, but disputes arose because the mother-in-law’s money was obsessed with exclusive compensation.
Li was disabled due to a traffic accident and her daughter Yingying was young. The two had a very difficult life. After the mother-in-law took away part of the compensation that should belong to her and the child, the helpless Li had to report the situation to the court again. , Asked Huo to be held criminally responsible.
The court believed that Huo had the ability to execute but refused to execute the court’s original judgment, which caused difficulties for the applicant for execution. The circumstances were serious. It decided to transfer the case to the public security organ for investigation and pursue his criminal responsibility in accordance with the law.
After the case was filed by the public security organ, Huo was arrested near a toy factory in Zhongshan.
The Doumen Procuratorate filed a public prosecution with the Doumen Court for Huo guilty of refusal to execute the sentence.
Doumen Court held that after trial, the defendant Huo had the ability to perform the effective civil judgment of the people's court but refused to perform it, which constituted the crime of refusal to execute the sentence. In view of the fact that the defendant Huo was able to truthfully confess his crime after arriving in the case, he voluntarily pleaded guilty and pleaded guilty. The court finally sentenced Huo to refuse to execute the sentence and sentenced him to one year and three months in prison. After the verdict, Huo accepted the verdict and did not appeal, and the verdict has become legally effective.