As a Lawyer, You Sent the Judge In?

Chapter 63 Wu Qi: I really regret it!

Su Bai turned around and saw Li Xuezhen staring at Wu Qi intently.

 Are you planning to target people?

 “Ahem.”

 He coughed twice, interrupting Li Xuezhen.

“Stop staring and prepare the litigation materials that will be used later…”

"profound."

Hearing Su Bai's words, Li Xuezhen was pulled back from her thoughts and nodded seriously.

 “Good lawyer Su…”

“Is there any problem with the materials from the tax bureau that I asked you to sort out earlier?”

 “No problem, Lawyer Su…”

"Um!"

Su Bai nodded slightly and looked at Yu Zhenyang, who was sitting on the presiding judge's seat.

 It is determined that the revocation of Wu Qi’s equity transfer agreement is invalid, then the next step will be much easier!

 Dong dong dong!

On the trial stand, Yu Zhenyang banged the gavel.

“It has been determined that the equity transfer agreement between Wu Qi, Xie Yu, Dong Qiang and others is invalid, and neither the litigant nor the party being litigated has any objection.”

 “Continue the trial process.”

“Both parties submitted to the litigant that Wu Qi violated Article 276-1 of the Criminal Law and refused to pay remuneration, and began to plead in court.”

“The respondent, do you have any objections to the lawsuit accusing you of refusing to pay remuneration?”

 Hearing the presiding judge questioning the party being sued, Su Bai took a long breath.

 The main event is coming!

 Based on the previous judgment results, it can be confirmed that Wu Qi will definitely be able to get back the wages he owed Wan Henghao.

 The following is the identification of Wu Qi's crime of refusing to pay remuneration.

 Once identified

 Tut.

As an unscrupulous capitalist, Wu Qi’s tough words will not be as tough as the rice in the big pot.

　　Whatever you say, you have to go in and eat from the big pot, and feel the consequences of being stubborn and not paying back wages to workers.

.

 ….

 At the seat of the sued party, Zhang Xiao looked at the materials in front of him and knew that the most critical point of the case was here.

 After determining that the equity transfer agreement between Wu Qi and the others was revoked.

 Next, the debate will focus on whether Wu Qi has violated the criminal law.

  A bit difficult to handle

Facing Su Bai, Zhang Xiao felt deeply pressured.

 At present, the advantage is not on his side!

 After taking a long breath, Zhang Xiao opened his mouth and said:

“Presiding judge, we have objections to Wan Henghao’s aforesaid crime of refusing to pay remuneration to our client Wu Qi.”

“According to the law: the conditions for the crime of refusal to pay remuneration are as follows:”

“Point 1: The party being sued refuses to pay labor remuneration by transferring, escaping property, etc. or refuses to pay labor remuneration when he has the ability to pay.”

 “The second point: the amount involved is relatively large.”

“The third point: Failure to pay despite being ordered to pay by relevant government departments.”

“According to the evidence we provided, our client does not have any property in his name.

 It does not constitute a person who has the ability to pay but fails to pay. "

“It is the actual inability to pay the workers and does not meet the conditions of the first point, so it cannot constitute the constitutive conditions of the crime of refusal to pay remuneration.”

“That is, we do not meet the conditions for the crime of non-payment of remuneration. We believe that the litigation application of the litigant is inappropriate and the application is rejected.”

“Presiding judge, we have finished our statement.”

 After Zhang Xiao finished his statement, he lowered his head to sort out the evidence materials in front of him and then raised his head.

　　咚咚!

Yu Zhenyang banged the gavel: "Now the litigant is invited to plead."

Hearing the voice of the presiding judge, the corners of Su Bai's mouth rose.

 The crime of refusing to pay remuneration, Wu Qi’s current controversial point is the first point. Second point: The amount involved in non-payment of wages is relatively large. The specific legal definition is:

  Refusing to pay a worker remuneration for more than three months, and the amount is between 5,000 and 20,000 yuan.

 Obviously, Wan Henghao agrees with this.

 Wu Qi owed Wan Henghao two years' salary, and the amount reached more than 300,000 yuan, which can be said to be far more than the standard!

 The crime of refusing to pay remuneration has a prerequisite, which is the third point, and that is the need for administrative procedures.

 The general meaning is that the party who is owed wages has submitted a labor inspection.

 If the labor inspection party has ordered the other party to pay, but the other party still refuses to pay, the third condition can be met.

 As for the second and third conditions, both of them have substantial evidence.

 So the other party can only defend from the first point.

but.…

The first point.….

Su Bai raised the corners of his mouth slightly and looked at Zhang Xiao:

“Excuse me, the party being sued, apart from the objection that the party being sued concealed and maliciously evaded property, does it have any other objections to the other two points?”

 “We can answer them together.”

 Zhang Xiao frowned slightly, what does Su Bai mean?

The other two pieces of evidence are conclusive. If he raised the issue, he would be looking for trouble for himself.

 If you say too much, you will make mistakes. If you say something poorly, you will be caught.

 At that time, I might also go in.

This is not a proper way to dig a hole for him.

 Zhang Xiao said calmly: "We have no doubts at the moment."

"OK."

Su Bai smiled and nodded: "Our statement is as follows:"

“According to my country’s criminal law, the interpretation of the crime of refusal to pay remuneration is:”

“Anyone who falls under any of the following circumstances shall be deemed to be the first point of the crime of refusing to pay remuneration.”

“1: Concealing property, malicious settlement, fictitious debts, false bankruptcy, false bankruptcy, or transferring and disposing of property in other ways.”

 “Two: run away, hide.”

“Three: Concealing, destroying or tampering with materials related to labor remuneration.”

 “Four: Transfer property by other means.”

“According to the respondent, Wu Qi does not have any property in his name, but according to the investigation, Tianlan Construction Co., Ltd. was in the profit stage before our client filed the lawsuit and Wu Qi transferred the equity agreement.”

“However, our client said that he was unable to pay the salary and remuneration, so we rejected the application.”

“According to the judgment of the presiding judge just now, Wu Qi transferred the equity and legal person to others for free and maliciously evaded debt issues, which has constituted the conditions for transferring property in other ways.”

“It is true that Wu Qi has no property in his name, but that is because his property was transferred maliciously. Before the transfer, he obviously had the ability to repay, and he had reached the condition of being able to pay, but refused to pay wages.”

“That is, we believe that Wu Qi has committed the crime of refusing to pay remuneration to our client.”

“Furthermore, Wu Qi’s refusal to pay remuneration has caused serious harm and consequences to our subsequent life and physical and mental health. We demand that Wu Qi be dealt with severely!”

 After Su Bai finished speaking.

Wu Qi looked at Zhang Xiao nervously, a little at a loss.

 Faced with Su Bai’s questions and statements at the court hearing.

Wu Qi felt tens of thousands of tensions and regrets in his heart. The previous aura of refusing to give money or even his life to wealthy locals had long since disappeared.

Originally, he thought that if he went to court, the worst possible outcome would be to pay damages.

 What else can we do?

Can we really send him in?

 But now….

 Hearing Su Bai's statement, Wu Qi felt anxious.

Had I known...if the trouble had reached this point, I would have given the money as it was due.

If I had given it earlier, maybe this accident would not have happened!

 Regret and anxiety filled his heart.



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 (End of this chapter)