Criminal Law Tips for Debt Recovery

Wang Tongsheng
Born in May 1967, han nationality, university culture, graduated from zibo people's police school in 1987, assigned to the huantai county public security bureau, 1993 to obtain the qualification of lawyers, May 24, 1995 engaged in the work of lawyers to date. 2000 January, by zibo city justice bureau as “create people's satisfaction activities” advanced individual; 2003 was named one of the ten outstanding lawyers. In January 2000, by the zibo city justice bureau as “create people's satisfaction activities” advanced individual; In 2003 was named one of the ten outstanding lawyers in zibo city. The twenty-first national training course for senior lawyers, China - Canada criminal defense exchange members, now Shandong Dadiren Law Firm partner.
In this lack of integrity of the economy, debt is the problem of many enterprises, even individuals, because of the economic activities of the active passive limited to the debt drag is also a common thing, the debt of the tired, as if the back of the boulder, light leads to the enterprise liquidity difficulties, struggling to walk, heavy leads to the individual blood money, in and out of the dilemma.
The author in the process of practice, found that some of the cases have already constituted a crime, the parties are still using civil law means to recover debts, not only indulged in crime, but also make the debt recovery astray. In addition to normal mediation, arbitration, civil litigation, in line with certain conditions, the skillful use of criminal law, is also not lost in the debt recovery in a unique, effective new means.
An enterprise salesman Wei, engaged in long-term sales business, outstanding performance, but since Wei's own part-time auxiliary product development, in order to supplement their own liquidity, for the unit's sales returns often intercepted and misappropriated, but soon on the demolition of the east wall to make up for the west wall, but also did not have any leaks. However, in the winter of 2006, an order failure, so that Wei Mou misappropriation of unit sales of more than 100,000 yuan late to fill. Although Wei Mou know their own practice is not right, but no legal awareness of Wei Mou is still full of fluke. Soon the unit found Wei's behavior, urging Wei to turn over the money back, but Wei because all the money into the factory, the factory is in the input stage, there is really no money to pay back, Wei and there is no other property that can be enforced, Wei refused to pay back. Lawyers communicate with the enterprise many times, after mastering a large amount of solid evidence, that can be submitted part of the evidence to the suspected misappropriation of funds crime of criminal law means to achieve the recovery of the goods, in the local investigation department after detention, Wei's relatives immediately borrowed the first return the enterprise's goods. The use of criminal law means to cause strong psychological pressure on the parties involved, is the key to the rapid realization of debt recovery.
In March 2007, a private enterprise office building construction in Boshan, the owner through an acquaintance, to 3.3 million yuan fixed price of the office building construction to a construction company, this intermediary extracted from the intermediary fee of 200,000 yuan. Project construction, the construction unit because of raw materials, in the absence of notice to the owner of the case quietly withdrawn, the project is only carried out to the foundation, but according to the contract, the owner has paid more than the progress of the project. The construction unit refused to execute the contract, the intermediary no longer meet, the private sector in the face of the rotten building at a loss. After the lawyer's analysis and advice, the private owner first appraised the quality and quantity of the completed works and notarized the site. Then, collected a large number of intermediaries to pay for the project and extract the benefits of the original documents, to suspected contract fraud will be the intermediary criminal detention. Within a week of the detention, given the delicate relationship between the construction unit and the middleman, the construction unit refunded the overpayment for the work and the middleman returned all the brokerage fees. The private owner's office building project was also tendered and a regular construction company was selected to continue the work. At present, the project is about to be completed, the owner of the enterprise even said the lawyer with trick to help it save the loss, and the lawyer signed a permanent legal adviser contract.
The above two cases, only lawyers in helping consultants and clients to recover debts in the use of criminal law means, to achieve the ultimate purpose of civil debt recovery part of the example. In practice, according to the actual situation of the case, with the help of lawyers planning and specific legal conditions of the crime, fully communicate with the investigation department, with the most cost-effective, the highest efficiency to realize the debt collection, to achieve the XiangZhuangDanShuDianShu, the intention is to PeiGong's marvelous effect.