Fu XX enforcement supervision case

-- Rules for handling objections raised by the spouse of the person subject to enforcement when enforcing a judgment on confiscation of property

keyword

execute
Exercise supervision
Confiscation of property
Enforcement of joint property of husband and wife

Basic facts of the case

　　On December 20, 2017, the Intermediate People's Court of Jingmen City, Hubei Province, rendered the (2017) E 08 Xingchu No. 13 Criminal Judgment, convicting the defendant Wang XX of the crime of trafficking and transporting drugs, and the crime of illegal possession of drugs, and the punishment for several crimes, and decided to carry out the death sentence with a two-year reprieve, deprivation of political rights for life, and confiscation of all personal property. On April 19, 2018, the Hubei Provincial High People's Court issued the (2018) E Xing Zhong No. 114 Criminal Ruling, rejecting the appeal and upholding the original judgment.

　　On May 5, 2022, the Jingmen Intermediate People's Court filed a case to enforce the confiscation of Wang's property. On June 10, 2022, after checking with the Zhenxiong County Real Estate Registration Center, the house located in Room XXX, Unit X, Building X, Commercial City, XX City, was jointly owned by Wang Moumou and Fu Moumou. On July 4, 2022, the Jingmen Intermediate People's Court made an enforcement ruling (2022) E 08 Zhi No. 250-1, sealing the house jointly owned by the person subject to enforcement, Wang Moumou and Fu Moumou, located in Room XXX, Unit X, Building X, Commercial City, XX City.

　　Fu Moumou was dissatisfied with the seizure of the above-mentioned house, and submitted a written objection to the Jingmen Intermediate People's Court, saying that the house should be recognized as the property of Fu Moumou, not the joint property of Fu Moumou and Wang Moumou, and requested that the (2022) E 08 Zhi No. 250-1 enforcement ruling be revoked and the enforcement be suspended.

　　On September 26, 2022, the Jingmen Intermediate People's Court issued the (2022) E 08 Zhiyi No. 35 Enforcement Ruling, rejecting Fu XX's objection request. Fu XX was dissatisfied and applied to the Hubei Provincial High People's Court for reconsideration. On January 13, 2023, the Hubei Provincial High People's Court issued the (2022) E Zhi Fu No. 274 Enforcement Ruling, rejecting Fu XX's application for reconsideration and upholding the (2022) E 08 Zhi Yi No. 35 Enforcement Ruling. Dissatisfied, Fu XX applied to the Supreme People's Court for enforcement supervision, and the Supreme People's Court issued the (2023) Supreme Law Zhi Jian No. 286 Enforcement Ruling on December 18, 2023, rejecting Fu XX's appeal request.

Reasons for the Adjudication

　　The effective judgment of the court held that, according to the effective judgment of the criminal case, the enforcement content of this case was the confiscation of all of Wang's personal property, including the property rights in the common property. According to the facts ascertained by the objection reconsideration court, the real estate involved in the case was registered as jointly owned by Wang and Fu, and it was treated as common property in the enforcement procedure and sealed in the enforcement procedure, which was in accordance with the law. Fu XX claimed that the real estate was his personal property before marriage, but because the real estate involved in the case was registered in the names of the two people, there was no sufficient evidence to prove that the record in the real estate register was inconsistent with the real right status, so it was not improper for the people's court to seal it. With regard to Fu XX's opinion that the house is the only house of the family and that the house payment is to be paid by him, he may make a separate claim in the subsequent enforcement process, requesting that the relevant rights of the co-owners be protected. With regard to its claim that relief should be obtained through an enforcement objection lawsuit, the first paragraph of Article 14 of the Several Provisions of the Supreme People's Court on the Enforcement of the Property Portion of Criminal Judgments stipulates that: "In the course of enforcement, if a party or interested party believes that the enforcement act violates the provisions of the law, or that a person not involved in the case claims substantive rights sufficient to prevent enforcement, and submits a written objection to the enforcement court, the enforcement court shall handle it in accordance with the provisions of Article 225 of the Civil Procedure Law." In this case, the Jingmen Intermediate People's Court and the Hubei Provincial High People's Court may conduct a review in accordance with the enforcement objection and reconsideration procedures.

Summary of the trial

　　In the enforcement of the property-related portion of a criminal judgment, when enforcing a judgment confiscating all personal property, the people's court shall enforce all property lawfully owned by the person subject to enforcement at the time the criminal judgment takes effect, including the part of the joint property of the husband and wife that belongs to the person subject to enforcement. Where the spouse of the person subject to enforcement asserts substantive rights on the grounds that the property is his or her personal property, sufficient evidence shall be provided to prove it, and the enforcing court shall review it through the enforcement objection and reconsideration procedures.

Associate indexes

　　Article 24 of the Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Enforcement Objections and Reconsideration Cases by the People's Courts (Fa Shi [2015] No. 10).

　　Article 14 of the Several Provisions of the Supreme People's Court on the Enforcement of the Property-Related Portions of Criminal Judgments (Fa Shi [2014] No. 13).

　　Article 12 of the Provisions of the Supreme People's Court on the Sealing, Seizure and Freezing of Assets in Civil Enforcement by the People's Courts (Fa Shi [2004] No. 15).

　　Enforcement objection: Enforcement Ruling of the Intermediate People's Court of Jingmen City, Hubei Province (2022) E 08 Zhiyi No. 35 (September 26, 2022)

　　Enforcement Reconsideration: Hubei Provincial High People's Court (2022) E Zhi Fu No. 274 Enforcement Ruling (January 13, 2023)

　　Enforcement supervision: Supreme People's Court (2023) Supreme Court Zhi Jian No. 286 Enforcement Ruling (December 18, 2023)