This is a criminal-civilian crossover case.

 

Liu, a private entrepreneur, transferred a house with a market appraisal value of more than 12 million yuan to his daughter-in-law in September 2018 for a consideration of 4.1 million yuan when he owed several high debts. Creditors filed an avoidance lawsuit against them, seeking to undo the transfer of the property from Mr. and Mrs. Liu to their biological son and his wife at a low price. At the same time, the creditor reported to the public security organs to pursue Liu's criminal responsibility for refusing to execute the judgment and ruling. Liu is facing the loss of his house, valued at more than 12 million yuan, and imprisonment.

 

Faced with a very unfavorable situation, counsel intervened and worked prudently.

 

I. In-depth investigation, digging up evidence and reversing unfavorable situations

 

First of all, detailed comb Liu case before and after up to eight years all the relevant facts: from the initial house sale, to the debt formation, repayment, litigation, mediation; From Liu owes to pay the mortgage borrowing, to the backward reverse several years of new and old debt evolution; From Liu's son to the third person borrowing process, to the relationship between the relevant parties, presenting the economic dealings of the "whole map ".

 

Secondly, guidance to collect evidence, composed of evidence chain: Liu's son had borrowed from a third party in August 2018; had paid a high amount of money to another mortgage creditor of Liu's fact; Liu's transfer of real estate registration to his daughter-in-law showed 4.1 million yuan transfer price did not actually fulfill the fact ....... The final determination of the fact that Liu actually offset the property in question against the fact that his son and his wife paid more than 10 million yuan of mortgage debt on behalf of the logic.

 

II. Compact evidence, effective defense and response to the Tribunal's rigorous investigation

 

With a solid evidence base, the focus of the relevant facts of the case to determine the litigation strategy, effective defense, and reasoned to refute the claims of the other party one by one, and was recognized by the panel.

 

In the trial, in view of the transfer took place in the LiuMou couple and their son and daughter between immediate family members, the panel on the case related facts, evidence are scrutinized. In the lawyer's efforts and the parties to cooperate, the panel conducted a series of bank account verification, housing assessment, investigation and evidence collection, witness questioning and other proceedings, and finally identified the facts of the case.

 

III. Arguing on the basis of reasoning, "civil before criminal", avoiding criminal risks

 

During the trial, the creditor repeatedly requested that the trial be suspended in accordance with the principle of "criminal before civil", and that the case materials be transferred to the public security organs to investigate the criminal liability of Liu for maliciously transferring property and refusing to execute the judgment and ruling.

 

Lawyers, that the creditor's claim of refusing to execute the judgment, the criminal liability, should be in the first confirmed that Liu exist tort (such as malicious transfer of property), then depending on the degree of criminal punishment. The civil lawsuit on the nature of Liu's behavior, will have a pre-determined effect on the criminal proceedings. If the civil lawsuit found that Liu's behavior is completely legal, the behavior in principle may not constitute a crime, blocking the establishment of the crime. This case may involve the results of criminal proceedings should be dealt with the results of civil litigation as a prerequisite, the people's court shall implement the "civil before criminal" way of dealing with.

 

After the lawyer in fact, the legal aspects of the effective refutation, the panel supported our "civil before criminal" point of view.

 

IV. Unrelenting Efforts to Clear Suspicion and Winning the Case

 

In the end, the lawyer with in-depth study of the case, digging factual evidence, a deep understanding of the law and a highly responsible attitude towards the client, successfully defended the legitimate rights and interests of the client's two generations of families. First and second instance court panel are fully support the lawyer's opinion, the plaintiff's creditor's all litigation request was rejected. Avoided the party more than 12 million yuan of economic losses and the risk of being held criminally liable for refusing to execute the judgment and ruling.