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On the crime and non crime of contract fraud

SOURCE: TIME:2018-09-10

"I have no intention to defraud in the signing and performance of this contract. I believe that the court and the judicial organ give me a just statement."

Meng XX, wearing handcuffs, stood in the dock and made a final statement to the judge.

"I'm only responsible for daily work in the company, not for business. I have no crime. I hope the court will acquit me."

Zhou Jing, wearing handcuffs, stood in the dock and made a final statement to the judge.

On the afternoon of April 28, the second intermediate people's Court of Beijing held another session to hear the case of "huge fraud in international trade". In view of the new evidence both sides submitted to the court after the previous hearing, the presiding judge announced that the court will resume the investigation.

Three court sessions after the first trial decision is returned for retrial

Since January 25, 2013, the case of "huge fraud in international trade" was first heard in the second central court of Beijing, which has lasted for 458 days.

According to the media, the case of "huge fraud in international trade" has the following basic framework:

On October 21, 2010, Beijing XX International Economic and Trade Co., Ltd. signed a fuel oil purchase and sale contract with Beijing jiashiji Technology Co., Ltd. and another unit. According to the contract, a company supplies Russian fuel oil to the two companies. Company a provides two bank acceptance bills with a total amount of 6 million yuan to a company as advance payment. Due to objective reasons, the two companies signed a new purchase and sale contract on January 30, 2011. The two parties adjusted the delivery time and agreed on the supply quantity, price and payment method. On February 11 of the same year, the two companies modified the contract in part again.

On February 15, 2011, company a unilaterally proposed to terminate the contract, requiring a company to return 6 million yuan of contract advance payment. At this time, a company intends to investigate the liability for breach of contract from company a through civil law.

After the escalation of the contradiction between the two parties, company a failed to report the case to the public security organ on the basis of "contract fraud" according to the agreement of "submit the dispute to Beijing Arbitration Commission for arbitration". Meng XX, the former legal representative of a company, and Zhou Jing, the deputy general manager of the company, were examined and prosecuted by the procuratorial organ for the crime of contract fraud. Foreign lawyer

The criminal trial division of the second intermediate people's Court of Beijing made a first instance judgment on July 5, 2013 after three trials of this case. The two defendants filed an appeal to the Beijing Higher People's court for acquittal on the day of signing the judgment on July 10 of the same year.

In November of the same year, the Beijing Higher People's court made a criminal ruling after hearing the case, believing that "the facts identified in the judgment of the court of first instance are unclear, the evidence is insufficient, and there are other places that violate the legal procedures, which may affect the fair trial".

In this case, the first trial decision of the "huge fraud case of international trade" was revoked by the Beijing Higher People's court, and the case was sent back to the court of first instance for retrial.

Court debate on the ability to perform the contract

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Author: Xiaotian

Source: Tianjin foreign law firm

Original: http://www.jtcshewai.com

Copyright notice: This article is compiled by Tianjin foreign law firm. Please attach the original link for reprint!


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