The end of the trial to find the evidence from mobile phone: recovery of court trial, but......
With the default arrears dispute after the end of the trial, the defendant company staff said that from mobile phone found out evidence. Today, the reporter from the Beijing Haidian court learned that the court in accordance with the provisions of the adoption of this evidence, the court resumed, but that the company due to their own gross negligence overdue provide evidence, prejudice the civil litigation, the final admonition according to their degree of fault, and a fine of 1000 yuan.
Hemou, Tong in 2014 to a company rental housing, 2016 two. In 2018, two people in the company of arrears of rent, property costs, heating costs constitute a breach of contract on the grounds that the prosecution asked the company to pay the cost of default and breach of contract. Haidian court in August this year, the end of the trial. However, the company at the end of the trial, and submit to the court of its employees in the mobile phone out of photos, as the case evidence.
The judge ordered that the overdue provide evidence for. The company said it was due to the negligence of employees, in the end of the trial after the mobile phone was found in the evidence. Hemou, Tong objected to this, that the employees are on every trial, but did not submit the evidence, also made it clear that there is no out. And the company is engaged in technical development, have forged the evidence conditions in the mobile phone, so late to provide evidence, without justification.
The court asked, the staff said they attended every trial, before the hearing is that their hands are not out of the original paper, the company moved, the property company was opened out, when moving to the property company. This staff attend when do not remember their own photos, after the mobile phone to delete photos, it pulls out the photos.
In the conversation, is also recognized for its own gross negligence overdue provide the evidence. According to the "Regulations on the application of the" PRC Civil Procedure Law "interpretation" of the 102nd Supreme People's court, the parties because of intentional or gross negligence overdue evidence, the people's court shall not accept. But the basic facts about the evidence and the case, the people's court shall adopt, and in accordance with the procedural law in sixty-fifth and 115th of the civil provisions of the first paragraph to reprimand, fines.
The court concluded that the company in the case after the end of the trial is due to overdue evidence of its own gross negligence, because the relevant evidence and the basic facts of the case, the court will be accepted, the court resumed; but the company's actions constituted the obstruction of civil actions. Ultimately, the court admonished the company according to the degree of fault, and decided to a fine of 1000 yuan.
Reporter Lin Jing
Source: Beijing Evening News