The defendant was fined 50 thousand for eating will and destroying evidence in court, and his behavior did not affect the trial of the case

　　In the trial of a testamentary succession case, the defendant Lu Bing actually stuffed a paper testamentary evidence of the plaintiff Lu Jia into his mouth and ate it in order to destroy the evidence. Yesterday afternoon, Daxing Court decided to impose a fine of 50,000 yuan on Lu Bing because his behavior constituted obstruction of civil litigation.

　　According to the reporter’s understanding, the original will involved in the case has been confirmed in another effective judgment, and Lu Bing’s destruction of the original evidence will not affect the continued trial of this case.

　　Surprise scene

　　The will was swallowed in court and was photographed by surveillance video.

　　Plaintiff Lu Jia and defendants Lu Yi, Lu Bing and Rutin are brothers and sisters. Lu Mu passed away in 2001. After Lu Mu passed away, Lu Fu bought a house in Daxing District and made a will in 2007, stating that after his death, the house was inherited by Lu Jia. In 2016, Lu Fu died. Lu Jia sued Lu Yi, Lu Bing and Rutin, requesting the court to rule that the house under Lu’s father’s name was inherited by himself, and the three defendants assisted in the house transfer procedures. The scene of "eating evidence" happened in this case where Lu Jia was the plaintiff.

　　On the morning of September 21st this year, the court of Development Zone of Daxing Court held a hearing to hear the case. The plaintiff was represented by his agent, and the defendant was represented by Lu Yi and Lu Bing. The surveillance videos set by the court from different angles clearly recorded the details of the trial at that time.

　　In the cross-examination of evidence, the judge looked over the evidence submitted by the plaintiff’s agent to the court, in which the will was the original, and the judge reached out and handed it to the defendant.

　　Defendant Lu Yi got up, took the evidence from the judge and passed it on to defendant Lu Bing. Just then, the will placed at the top of the evidence material fell.

　　Lu Bing grabbed the falling will, quickly crumpled it on his thigh and held it in his hand. Then he picked up the glasses case, put on his glasses calmly and pretended to look at the plaintiff’s evidence.

　　Just when the judge asked the plaintiff’s agent about the purpose of proving the evidence, Lu Bing stuffed the will paper ball into his mouth at a rapid speed, covered his mouth, chewed and swallowed it, and drank four mouthfuls of water to help him swallow. At the same time, Lu Bing took out a copy of his will from the desktop and put it on the evidence.

　　"Look at the will. Is it the original? Is it authentic?" Because Lu Bing’s action is hidden and fast, the judge has not found Lu Bing’s abnormality at this time.

　　Because it was really hard to swallow, Lu Bing took another sip of water when he heard the judge ask himself a question. As a result, he choked and coughed. "Sorry, I have a little cough."

　　Lu Bing then issued a cross-examination opinion on the will and the two judgments. "The authenticity of the will is not recognized. This is not my father’s signature. The authenticity of the judgment is recognized, but the content is not recognized."

　　The judge asked the clerk to record Lu Bing’s cross-examination opinions and asked the defendant to return the above evidence to the court. But when the judge looked at the evidence returned by the defendant, he found something strange at a glance, because the original will was yellow paper with creases, and Lu Bing returned A4 copy paper. "This will is not the will I just gave you."

　　Lu Bing replied very firmly, "That’s it, that’s what you gave me!"

　　The judge showed the will in his hand to the plaintiff’s attorney, and the other party also gave a negative answer, "This is not the original."

　　When the judge saw this, he ordered Lu Bing to return the original will to the court and explain it to Lu Bing. If he did not return the original, he would be deemed to have deliberately destroyed the evidence, but Lu Bing refused to repent. After investigation by Daxing Court, the original will involved in the case was put into Lu Bing’s mouth and swallowed, and the original evidence was lost.

　　Treatment result

　　Be fined 50 thousand yuan and still refuse to admit it

　　Yesterday afternoon, Lu Bing came to the court and sat in the dock. The judge announced the penalty decision in court: "Lu Bing’s behavior of destroying evidence is bad and refuses to repent. His behavior has constituted obstruction of civil litigation. According to the civil procedure law and relevant regulations, the court decided to impose a fine of 50,000 yuan on Lu Bing, which is limited to October 24, 2018. Pay before. If you refuse to accept this decision, you can file a reconsideration with Beijing No.2 Intermediate People’s Court within three days from the date of receiving this decision, and the implementation of this decision will not be stopped during the reconsideration. "

　　"I don’t agree with this punishment decision, I don’t sign for it. I ask the court to put my so-called ‘ Destroy evidence ’ The video is shown to you, I want to supervise you. " Lu Bing refused to sign the penalty decision. "What you gave me at that time was a copy."

　　"The last trial, we let you watch the video, but you refused, and the trial notes at that time have been recorded. We really want to show it to the media, but not to you, and we can no longer condone your capricious behavior. " The judge said, "If you don’t sign for it, it will affect your right of reconsideration."

　　"Whatever! I just don’t sign! " Lu Bing has a tough attitude. In view of Lu Bing’s emotional excitement, the judge announced an adjournment and asked the bailiff to take Lu Bing out of the court.

　　The judge told the reporter that although Lu Bing did not sign the penalty decision, if he did not pay the fine before October 24, the court would enforce it.

　　Follow-up outside the case

　　"Eating evidence" does not affect the trial of the case.

　　"He thought that after eating the original evidence, the evidence was really gone, but ‘ Digital Court ’ Lu Bing’s legal awareness is too weak to leave traces throughout the trial process. " The judge told the reporter that in the effective judgment of the previous case, the original will has been recognized by the court, and this case is supported by a copy of the will and other evidential materials. "‘ Eat evidence ’ It does not affect the continued trial of this case. "

　　The judge said, "At the filing stage, the parties need to submit a copy of the original evidence to the court, which means that both the original defendant and the court will have this evidence, and there will be no case that this evidence will not exist because the original is destroyed."

　　The judge told the reporter that although the proof of the copy is not as effective as the original, the court will try it according to other evidence materials and comprehensive consideration of the case.

　　(The parties in the text are all pseudonyms)

　　Our reporter Zhang Yuwen and the picture