Chapter 63: Wu Qi: I Truly Regret It!

Su Bai turned his head and saw that Li Xuezhen was staring at Wu Qi without blinking.

Was she preparing to stare him into being convicted?

Cough cough.

He cleared his throat twice, interrupting Li Xuezhen.

“Stop staring and properly prepare the litigation materials that will be needed shortly.”

“Oh.”

Upon hearing Su Bai’s words, Li Xuezhen’s thoughts were drawn back, and she nodded seriously.

“Understood, Lawyer Su.”

“The materials from the Taxation Bureau that I asked you to organize earlier, there are no problems with them, correct?”

“There are no problems, Lawyer Su.”

“Very well.”

Su Bai nodded slightly and looked toward Yu Zhenyang at the seat of the presiding judge on the judicial bench.

With the determination that Wu Qi’s equity transfer agreement was revoked as invalid, the subsequent proceedings became much easier to handle.

Bang bang bang!

On the judicial bench, Yu Zhenyang struck the gavel.

“It has now been determined that the equity transfer agreements of Wu Qi, Xie Yu, and Dong Qiang are invalid, and neither the appellant nor the respondent has any objection.”

“The hearing will continue.”

“Both parties shall proceed with courtroom argument regarding the appellant’s allegation that Wu Qi violated Article 276-1 of the Criminal Law concerning the crime of refusing to pay remuneration.”

“Respondent, with respect to the appellant’s accusation that your side committed the crime of refusing to pay remuneration, do you have any objection?”

Upon hearing the presiding judge’s inquiry to the respondent, Su Bai exhaled deeply.

The central stage had arrived.

According to the previous determination, it could already be confirmed that the wages owed by Wu Qi to Wan Henghao would certainly be recovered.

Next would be the determination of whether Wu Qi had committed the crime of refusing to pay remuneration.

Once that determination was made.

As an unscrupulous capitalist, Wu Qi would not be able to remain obstinate against the consequences of institutional punishment.

In any event, he would have to experience those consequences and personally face the result of stubbornly refusing to pay workers’ wages.

At the respondent’s seat, Zhang Xiao looked at the materials before him and also understood that the most crucial point of the case lay here.

After the determination revoking the equity transfer agreements of Wu Qi and the other two persons.

The subsequent debate would concern whether Wu Qi had violated the Criminal Law.

This was somewhat difficult to handle.

Facing Su Bai, Zhang Xiao felt considerable pressure.

At present, the advantage was no longer on his side.

After taking a deep breath, Zhang Xiao spoke:

“Presiding Judge, our side raises an objection regarding the allegation that our party Wu Qi committed the crime of refusing to pay remuneration as stated above by Wan Henghao.”

“According to legal provisions, the constitutive elements of the crime of refusing to pay remuneration include the following points:”

“The first point: the respondent refuses to pay labor remuneration by means such as transferring property or absconding, or has the ability to pay but refuses to pay the labor remuneration of workers.”

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

“The third point: payment is still refused after an order to pay has been issued by relevant government departments.”

“According to the evidence provided by our side, our party has no property under his name.”

“He therefore does not constitute a situation in which he had the ability to pay but refused to pay labor remuneration.”

“He genuinely lacked the ability to pay labor remuneration and therefore does not satisfy the conditions required for the first point, and accordingly does not satisfy the constitutive elements of the crime of refusing to pay remuneration.”

“That is, our side does not satisfy the constitutive elements of the crime of refusing to pay remuneration, and we consider the appellant’s litigation application improper and apply for dismissal.”

“Presiding Judge, our statement is complete.”

After Zhang Xiao completed his statement, he lowered his head to arrange the evidentiary materials before him and only then raised his head again.

Bang bang!

Yu Zhenyang struck the gavel: “Now please the appellant present argument.”

Upon hearing the presiding judge’s voice, the corners of Su Bai’s mouth rose slightly.

Regarding the crime of refusing to pay remuneration, the disputed point for Wu Qi at present lay in the first point.

The second point, that the amount of unpaid wages involved was relatively large, is legally defined as: refusing to pay the labor remuneration of a worker for more than three months, with the amount exceeding five thousand to twenty thousand yuan.

Clearly, Wan Henghao satisfied this requirement.

Wu Qi owed Wan Henghao two years of wages, with the amount exceeding three hundred thousand yuan, which could be said to far exceed the threshold.

There is also a prerequisite condition for the crime of refusing to pay remuneration, namely the third point, which requires an administrative procedure.

This generally means that the party whose wages were owed must have submitted a complaint for labor supervision.

If the labor supervision authorities ordered payment and the opposing party still refused to pay, then the third condition is satisfied.

With respect to the second and third conditions, our side possessed substantial evidence.

Therefore the opposing party could only conduct its defense with respect to the first point.

However.

Regarding the first point.

Su Bai’s lips curved slightly upward as he looked toward Zhang Xiao:

“May I ask the respondent whether, apart from raising objections concerning the alleged concealment and malicious transfer of property by the respondent Wu Qi, there are any objections regarding the other two points.”

“Our side can address them together.”

Zhang Xiao frowned slightly, what did Su Bai mean by this?

The evidence regarding the other two points was conclusive, and if he raised issues concerning them he would only be creating trouble for himself.

The more he spoke, the more likely he would make mistakes, and he might be seized upon for weaknesses.

At that time he himself might even be implicated.

Was this not clearly another trap being set for him?

Zhang Xiao spoke calmly: “Our side currently has no questions.”

“Very well.”

Su Bai nodded with a smile: “Our statement is as follows:”

“According to the interpretation of our country’s Criminal Law regarding the crime of refusing to pay remuneration:”

“Where one of the following circumstances exists, the first point of the crime of refusing to pay remuneration shall be deemed satisfied.”

“First: concealing property, malicious repayment to selected parties, fabricating debts, false bankruptcy, false closure, or transferring or disposing of property by other means.”

“Second: fleeing or concealing oneself.”

“Third: concealing, destroying, or altering materials related to labor remuneration.”

“Fourth: transferring property by other means.”

“According to the respondent’s statement, Wu Qi has no property under his name, however according to investigation, before the appellant initiated the lawsuit and before Wu Qi transferred the equity agreement, Tianlan Construction Co., Ltd. was in a profitable condition.”

“However he stated to our party that he was unable to pay wage remuneration, and our side applies for rejection of this claim.”

“According to the presiding judge’s determination just now, Wu Qi transferred the equity and legal representative status to another person without consideration and maliciously evaded debt, which already satisfies the condition of transferring property by other means.”

“It is true that Wu Qi currently has no property under his name, but that is because his property had already been maliciously transferred, and before the transfer he clearly had the ability to repay, which already satisfies the condition of having the ability to pay but refusing to pay wage remuneration.”

“That is, our side considers that Wu Qi has already committed the crime of refusing to pay remuneration against our party.”

“Moreover, Wu Qi’s refusal to pay remuneration caused serious harm and consequences to our subsequent living conditions and physical and mental health, and our side requests that strict and severe punishment be imposed upon Wu Qi!”

After Su Bai finished speaking.

Wu Qi looked nervously toward Zhang Xiao and appeared somewhat at a loss.

Faced with Su Bai’s questioning and statements during the hearing.

Wu Qi felt extreme nervousness and regret in his heart, and the earlier attitude of refusing both money and pressure had long disappeared.

Originally he believed that even if a lawsuit were filed, at most he would be ordered to pay compensation.

What else could happen?

Could he really be sent into detention?

But now.

After hearing Su Bai’s statement, Wu Qi became anxious in his heart.

If he had known earlier that matters would develop to this extent, he would have paid the money when it should have been paid.

If he had paid earlier, perhaps none of this would have happened.

Feelings of regret and anxiety filled his heart.