Chapter 141: Chapter 119: Pigeons Occupy the Magpie’s Nest, Domineeringly Occupying the House for Three Years!_5
Indeed. Their entire family had been tormented for three long years, finding no peace. Now, they couldn’t even sell the house. Their only option was to try suing again.
「Meanwhile, at the nursing home.」
Qin Mu headed straight to Wang Dachui’s office after Old Zhang had finished the phone call. He intercepted Wang Dachui, who was just about to leave work on time.
Wang Dachui had just finished a guilt-ridden day of slacking off and had shut down his computer. The sight of Qin Mu made him shudder involuntarily.
"You... you’re not asking me to handle another lawsuit, are you?" He swallowed hard, unable to resist asking.
Qin Mu gave a gentle smile and nodded. To Wang Dachui, however, this meant someone was about to suffer.
"What?!"
"’Cuckoos in the nest,’ occupying it for three years? Is there no justice left?"
"Damn it! How can they be so brazen? The enforcement court officials couldn’t even get through the door?"
After listening to Zhang Qingyuan’s story, Wang Dachui’s eyes widened in disbelief. He’d never encountered anything so audacious. Although he was a second-rate civil lawyer, he’d handled quite a few lawsuits, but this level of brazenness was a first. They lost the lawsuit, yet not only did they refuse to pay compensation, they also wouldn’t move out. It was as if nothing had happened. To them, the court’s judgment was apparently no more than a piece of scrap paper.
He looked at Qin Mu and couldn’t help but ask, "Since Old Zhang’s family already sued once and that path failed, what do you plan to do?"
"The lawsuit was definitely winnable. It’s just that last time they hired a civil lawyer, and the grounds for the lawsuit were wrong. This time, we just need to change the grounds to three different charges," Qin Mu said calmly.
"Charges? Three of them?" Wang Dachui’s eyes lit up, instantly understanding Qin Mu’s implication. Just like before. This time, Qin Mu... still wanted to send the other party to prison.
Two years ago, although Old Zhang’s family had sued, it was undoubtedly a civil dispute. The grounds were the other party’s illegal occupation of the house—a property dispute. As for criminal charges... that would involve criminal offenses! It was just that... as a civil lawyer, he really didn’t know much about criminal law.
"First, the crime of unlawful entry into a residence." Qin Mu took a deep breath and said, "Article 245 of the Criminal Law states that entering a citizen’s residence against the will of its occupants or without legal grounds, or refusing to leave after being asked to, constitutes this crime. Unlawful entry into another’s residence is punishable by up to three years imprisonment or criminal detention."
Wang Dachui nodded thoughtfully. This charge... he’d had an inkling about this one. This crime is a private prosecution offense; the law stipulates it’s only processed upon complaint. For a case of illegal entry into another’s residence to be accepted, it requires serious circumstances and for the victim to file a lawsuit. Considering the situation of Old Zhang’s family... being invaded for three years absolutely constituted serious circumstances, meeting the conditions for filing a case for unlawful entry into a residence.
"Second, robbery." The second crime Qin Mu announced made Wang Dachui’s eyes widen. He was momentarily stunned.
"Robbery too?"
Qin Mu said firmly, "Of course it does! Robbery is defined as the act of illegally seizing public or private property from its owner or custodian through violence, coercion, or other methods, with the intent of unlawful possession. This kind of shameless occupation and refusal to return the property clearly constitutes robbery! Who says robbery requires face-to-face violence and coercion?"
Wang Dachui swallowed hard. He glanced at the "local specialty" Qin Mu had given him, now sitting on his desk—a thick copy of the "Criminal Law." He really needed to switch gears and study criminal law.The actions of this middle-aged couple... in terms of constituent elements and case-filing standards, definitely constituted robbery.And the sentencing standard for robbery... if he remembered correctly, was three to ten years. Sentencing depended on the value of the goods robbed. Seizing an entire house... He couldn’t even begin to estimate the sentence for that.
"The third charge is refusal to execute a judgment." Qin Mu slowly stated the third crime. "’Refusal to execute a judgment,’ fully termed ’refusal to execute judgments and rulings,’ refers to the act of having the ability to comply with a court’s judgment or ruling but refusing to do so. For this act, if the circumstances are serious, the punishment is imprisonment for no more than three years, criminal detention, or a fine. If the circumstances are especially serious, it’s three to seven years of imprisonment, plus a fine."
The judgment had been issued two years ago. The middle-aged couple had consistently ignored it, which could definitely be considered "particularly serious circumstances." Their case shouldn’t be judged by the standard of "imprisonment for under three years, criminal detention, or a fine." Instead, the latter should apply: three to seven years of imprisonment and an additional fine.
Actually, in this case, the three charges he listed were relatively obscure. Most people know that this "cuckoo in the nest" behavior is illegal, but they can’t articulate the specific crimes involved. Without careful observation and analysis, an ordinary person would never think of these three charges. Many people don’t even understand the crime of "refusal to execute a judgment." Violating a court judgment and refusing to execute it both constitute this crime. This is a legal measure specifically designed to deal with scoundrels. Otherwise... the court’s credibility would be completely undermined.
However... in actual enforcement, due to various reasons, the crime of "refusal to execute a judgment" is rarely prosecuted. It also appears less frequently in the public eye.