Ask about indoors.

After learning the whole story from Fu Anqi's mouth, Gao Chao, an old policeman with rich experience in handling cases, widened his eyes and felt that he could not suppress his soaring blood pressure.

I really lived for a long time, but I didn’t expect that there was such a shameless person in the world!

"Miss Fu, don't worry, that couple has been criminally detained by us for suspected obstruction of public service. Your house will be returned soon." Gao Chao comforted her.

Fu Anqi blinked.

Is there such a good thing?

Originally, Jiang Bai asked her to apply for compulsory execution, but she wanted to give Gao Donglin and his wife a charge of refusing to be executed, but she didn't expect that she would have an unexpected surprise.

Article 277 of the Criminal Law stipulates that the crime of obstructing public service refers to hindering state organ staff from performing their duties in accordance with the law by using violence and threats.

He shall be sentenced to fixed-term imprisonment of not more than three years, detention, control or fine.

Those who violently attack people's police who are performing their duties in accordance with the law shall be sentenced to fixed-term imprisonment of not more than three years, detention or control, which is what people often call "the crime of assaulting police."

Strictly speaking, there is no charge of "assaulting a policeman" in the criminal law. The so-called assaulting a policeman is actually a case of obstructing public service.

The object of the crime of assaulting a policeman is the personal rights and interests of the people's police, and the bailiff is the abbreviation of "judicial policeman", which naturally belongs to the people's police.

In other words, violent attacks on bailiffs who are performing their duties are established assaulting police officers.

However, the situation of the two bailiffs is quite optimistic, at most it is considered a minor injury.

But the executor was in trouble. You can know without identification. It must be considered a minor injury.

Although the executor is not a policeman, he is a "state agency staff". Gao Donglin and his wife let the dog bite him, which is a crime of obstructing public service.

In fact, this matter is also suspected of intentional injury.

If the same act is committed multiple crimes, one of the serious crimes will not be punished with multiple crimes.

Also, because the crime of intentional injury caused by minor injuries is the same as the crime of obstructing public service, the statutory punishment is generally convicted and punished for obstructing public service, which can better reflect the legislative purpose of the state in maintaining public order.

In short, so far, the deadbeat couple has been sentenced to less than three years in prison.

In fact, when things have reached this point, they can definitely be regarded as guarding the clouds and seeing the moon bright.

But Fu Anqi was a little hesitant.

Her original intention was very simple, to bring the house back. Now, the couple of Dear Lai are suspected of criminal charges, and it is a foregone conclusion that the house belongs to the original owner.

No need to continue to struggle.

But in the past six months, I have suffered hardships and grievances because of the house, and I even couldn't eat or sleep for a while. Could it be that I just let it go?

Fu Anqi is unwilling to accept it.

And who can guarantee that Gao Donglin and his wife will not continue to cause trouble after they come out?

Thinking of this, Fu Anqi took a deep breath, looked at Gao Chao and said, "Officer Gao, thank you for telling me, but I came here today to call the police for the other three charges."

"First of all, it is the crime of illegally trespassing the house."

"Article 245 of the Criminal Law stipulates that the crime of illegally trespassing a house refers to the act of illegally forcibly breaking into another person's residence, or refusing to withdraw after requests, which affects the normal life and peace of life of others."

"I am sentenced to fixed-term imprisonment of not more than three years or detention."

"Gao Donglin and Lin Jia entered my house without my permission, and I asked them to leave were also rejected. Their behavior seriously affected my normal life and reached the level of serious circumstances. This case should be filed

Bar?"

While speaking, he also came up with corresponding evidence: real estate certificates, relevant procedures for forensic auctions, videos and recordings of several negotiations, etc.

Gao Chao nodded with interest while checking.

This reporter is really interesting. Not only did he prepare sufficient evidence, but he also readily carried out relevant laws and regulations.

If every reporter can provide evidence like her and describe the case clearly and accurately, then the police will not know how many times the efficiency of handling the case will be improved.

"The second one is the crime of refusing to enforce a judgment, the full name is the crime of refusing to enforce a judgment, and the crime of ruling."

Fu Anqi recalled what Jiang Bai ordered her and continued: "Article 313 of the Criminal Law stipulates that refusal to execute a judgment. The crime of ruling refers to the judgment of the people's court that has the ability to execute but refuses to execute it.

.”

"If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years, detention or fine;"

"If the circumstances are particularly serious, they will be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and a fine."

"I sued Gao Donglin and his wife in court because of a property dispute. In the end, the court ruled that they both returned the house to me, but they refused to return it and had a very tough attitude."

"I applied for court enforcement again, and you also saw it..."

"Oh, by the way, this is the verdict."

As he said that, Fu Anqi took out the verdict.

"Um."

Gao Chao took it and looked at it, nodded and said, "I understand this situation, you can continue to talk."

Fu Anqi said: "There is another crime of embezzlement."

"Article 270 of the Criminal Law stipulates that the crime of embezzlement refers to the act of illegally occupying the property of others who are kept on their behalf for themselves, with a large amount and refusing to return it."

"Imprisonment for fixed-term imprisonment of not more than two years, detention or fine;"

"If the amount is huge or there are other serious circumstances, the sentence shall be sentenced to fixed-term imprisonment of not less than two years but not more than five years, and a fine shall be imposed."

"According to relevant laws, the amount of more than 10,000 yuan is larger, while the amount of more than 100,000 yuan is huge."

"My house market valuation is about two million, and it was occupied for half a year!"

Fu Anqi's eyes were slightly red, and her heart was filled with grievances and anger.

No one knows how she spent the past six months except herself.

Gao Chao sighed and spoke in a deep voice: "Ms. Fu, don't worry, the facts of this case are clear and the evidence is sufficient. We will handle it impartially and give you justice!"

"But there is a situation that we want to tell you. The first two charges you just mentioned, illegal trespassing the house and refusing to enforce the crimes."

"But the crime of embezzlement is a personal crime, and you need to file a lawsuit with the people's court on your own."

Fu Anqi nodded and said, "I know this. I have contacted a lawyer and will go to court to sue later."

"That's good, don't worry, no one can take away your house!" Gao Chao said loudly.

"Thank you, Officer Gao."

Fu Anqi hurriedly thanked.

Then, Gao Chao called a police officer to come over and help her complete the reporting procedures.

A few minutes later.

Fu Anqi took the report receipt and met Jiang Bai and Sister Yun.

The three went straight to the court.

Public prosecution cases shall be prosecuted by the procuratorate.

In private prosecution cases, the victim shall file a private prosecution.

This case is a case of cross-prosecution and public prosecution, which leads to a conflict.

According to Article 194 of the "Interpretation of the Supreme Court on Several Issues Concerning the Implementation (Criminal Procedure Law), if more than two criminal acts committed by the defendant are public prosecution cases and private prosecution cases, the people's court may

When hearing public prosecution cases, the private prosecution cases shall be heard together.

There are also some more detailed explanations:

First, for cases where procedures are intersected, the principle of priority for public prosecution procedures should be adhered to, and the pace of handling private prosecution cases should be based on the pace of handling public prosecution cases.

This is because in most cases, the private prosecution case is much more difficult to obtain evidence than the private prosecution case, and the case handling cycle is much longer. When the procedures of the two cases are intersected and combined, the private prosecution case can be properly waited.

Second, for such cross-procedure cases, on the premise of ensuring that public prosecution is preferred, the private prosecutor's right to withdraw the lawsuit, the right to settle the case and the defendant's right to counterclaim the case of private prosecution.

The defendant's procedural interests cannot be deprived of due to procedural mergers.

Third, after a combined trial, the court may make a joint judgment on both public prosecution and private prosecution, or mediate individually on private prosecution cases. However, it is generally impossible to make a separate judgment on private prosecution cases alone, because the purpose of the combined trial is to protect the criminal law.

The regulation of punishment for multiple crimes was realized.

Simply put,

Fu Anqi still needs to file a private prosecution for the crime of embezzlement.

After the crime of illegal trespassing in a residence, refusing to enforce public service was terminated by the police investigation, it was handed over to the procuratorate for public prosecution.

Then merge and hear.

Now, Fu Anqi is going to the court to file a criminal private prosecution against the case of embezzlement of real estate!

...

Interrogation room.

"Gao Donglin, have you figured out what attitude to face the interrogation?" Gao Chao sat on the chair and said lightly.

Gao Donglin looked indifferent and said with a big mouth: "I said it very clearly, I! I'm not illegal!"
To be continued...