Compulsory seizure and freezing; illegal sale leads to criminal punishment.
Compiled from: Weifang Hanting District Court
Case review
On October 28, 2019, Guan filed a civil lawsuit against defendant Zou in Weifang Hanting District Court, claiming unpaid lease fees, and simultaneously applied for property preservation with a guarantee. The court accepted the case and issued a civil ruling on November 15, 2019, freezing 250,000 yuan in Zou's bank account or seizing and attaching property of equivalent value. On November 22, 2019, the court legally sealed Zou's farmed foxes, requiring Zou to submit a written explanation to the court if selling the foxes, and to deposit the proceeds with the court, prohibiting private disposal under penalty of legal liability. Shortly after the sealing, Zou privately disposed of the foxes without notifying the court or depositing the corresponding proceeds, even using them to offset personal debts owed to others.
Subsequently, the Hanting District Court issued a civil judgment ordering Zou to pay Guan 250,000 yuan in lease fees and 24,518 yuan in interest, to be paid in full within ten days of the judgment taking effect. After the judgment took effect, Zou failed to comply within the specified time. Guan applied for court enforcement, during which Zou was found to be suspected of committing a crime, leading to the transfer of the criminal leads to the public security authorities.
[1] Court Opinion
After trial, the court held that defendant Zou, knowing the court had sealed his farmed foxes, still privately sold them, rendering the effective court judgment unenforceable, obstructing normal judicial activities, with serious circumstances, constituting the crime of illegal disposal of sealed property, warranting punishment according to law. The prosecution's charges were established. Zou truthfully confessed his crimes after arrest, eligible for leniency according to law. Zou voluntarily admitted guilt and accepted punishment, eligible for lenient treatment. The prosecution's sentencing recommendation was appropriate. Considering the facts, circumstances, and degree of social harm, Zou was sentenced to one year in prison for the crime of illegal disposal of sealed property.
"Criminal Law of the People's Republic of China"
Article 314: Crime of Illegally Disposing of Sealed, Seized, or Frozen Property
Whoever conceals, transfers, sells, or intentionally damages property that has been sealed, seized, or frozen by judicial authorities, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or a fine.
[1] The author's perspective
In civil litigation, seizure is a temporary preservation measure that involves affixing the court's seal to property subject to execution, prohibiting any unauthorized handling or removal. The purpose of seizure is to compel the person subject to enforcement to fulfill the obligations determined by an effective legal document, thereby realizing the rights of the applicant.
Whether it is seizure, impoundment, or freezing of property, these are compulsory measures taken by judicial authorities to ensure the smooth progress of litigation proceedings, possessing legal authority and exclusivity. In this case, Zou, originally only a party to a civil dispute, ultimately became a criminal defendant subject to legal sanctions for evading property payment obligations and defying legal authority. The author reminds that once a people's court lawfully imposes compulsory measures such as seizure on a party's property, no organization or individual may dispose of it for any reason unless the court lifts the seizure through legal procedures; otherwise, it may violate criminal law and constitute a crime. Do not act recklessly with a fluke mentality.
