[Direct answer]In the Beijing area, applicants can apply to the court to transfer the case to the public security organ (for public prosecution), or they can initiate a private prosecution. Article 313 of the Criminal Law of the People's Republic of China stipulates that if a person who has the ability to enforce the judgment or ruling of the people's court refuses to do so and the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and be fined. The process is as follows: the applicant for enforcement provides the enforcement court with clues of refusal to enforce, and the court transfers the case to the public security organ for investigation; if the public security organ refuses to initiate a case or the procuratorial organ refuses to prosecute, the applicant for enforcement may initiate a private prosecution in the enforcement court. The key is to prove that the person subject to enforcement has the ability to enforce but refuses to do so.

I. Problem background and typical scenarios

The plaintiff wins the lawsuit but cannot enforce it effectively. The defendant transfers assets, disappears, refuses to declare his/her assets, and even openly resists enforcement. Creditors often ask: Can such "deadbeat debtors" be held criminally liable, and how to initiate the process? The crime of refusing to enforce judgments is the most powerful deterrent in enforcement, but its initiation has thresholds and procedures, which require evidence and procedural cooperation.

II. Key points of dispute

The disputes focus on: first, the determination of "having the ability to enforce but refusing to do so"; second, the circumstances of "serious circumstances"; third, the connection between public prosecution and private prosecution; fourth, the actual effect of pursuing the recovery of the executed funds. The judicial trend is to investigate and prosecute criminal responsibility for malicious refusal to enforce and transfer and conceal property in accordance with the law, while grasping the threshold of criminalization to prevent the use of criminal means to deal with ordinary enforcement failures.

III. Professional analysis by Henglue Lawyers

The first layer, constituting elements: The subject is the person who is obliged to perform the duty of enforcement, and the core is the ability to perform but refusing to do so, with serious circumstances; if there is truly no ability to perform or no property, it generally does not constitute a crime. Therefore, it is necessary to distinguish between "inability to perform" and "refusing to perform". The second layer, common situations of serious circumstances: Hiding, transferring, or selling property; making false declarations or refusing to declare property; violating orders restricting high-consumption behavior; evading enforcement through false litigation, false settlements, etc.; refusing to assist in enforcement, etc. The third layer, initiation path: The applicant for enforcement submits clues and evidence of refusing to perform to the enforcement court, and applies to the court to transfer the case to the public security organ for filing a case; if the public security organ refuses to file a case or the procuratorate refuses to prosecute, the applicant may file a private lawsuit with the enforcement court in accordance with the law for trial by the court. The fourth layer, evidence points: Property clues and evidence of concealment and transfer; delivery of enforcement notices and property reporting orders; proof of the debtor's ability to perform (operation, consumption, account transactions); records of the debtor's refusal to perform, etc. The fifth layer, practice and effects: The purpose of prosecuting the crime of refusing to perform is not to punish, but to urge the debtor to fulfill his obligations. During the procedural progress, the debtor often voluntarily performs due to criminal pressure; when handling enforcement cases in our firm, we help creditors realize their claims by sorting out property clues, promoting the addition of debtors and pursuing corresponding responsibilities. In addition, the applicant for enforcement can also expand the scope of responsible subjects and property by adding shareholders who have not paid in full, claiming responsibility for capital withdrawal, and applying for locating the debtor and his property. Prosecuting the crime of refusing to perform is a means of pressure, and truly realizing creditor's rights often requires multiple approaches in combination.

IV. Practical suggestions and legal basis

The first step is to fix the evidence and property clues showing that the person subject to enforcement has the ability to perform but refuses to do so; the second step is to apply to the enforcement court for transferring the case to the public security organ for investigation; the third step is to initiate a private prosecution in accordance with the law if the public security organ refuses to file a case or the procuratorate decides not to prosecute; the fourth step is to use the pressure of prosecution to prompt performance while taking into account the goal of recovering the debt. The main legal basis includes Article 313 of the Criminal Law of the People's Republic of China (Crime of Refusing to Enforce Judgments and Orders), the provisions on enforcement in the Civil Procedure Law of the People's Republic of China, and the provisions on private prosecution in the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Criminal Cases Involving Refusal to Enforce Judgments and Orders; the relevant provisions shall be subject to the currently effective version, and the specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

The three key points of the crime of refusing to execute a judgment: First, prove that "the debtor has the ability to repay but refuses to do so". If the execution cannot proceed, it can be regarded as refusing to execute the judgment; if the court transfers the case to the public security organ for public prosecution and the case is not filed, the debtor can file a private lawsuit; the purpose of pursuing criminal responsibility is to ensure that the money is recovered, and the more detailed the evidence and clues are, the better. For cases involving enforcement and refusal to execute a judgment, you can seek legal help through the following channels:Creditor's rights and debts, and enforcementThe service provides a comprehensive solution, which includes the combination of criminal self-prosecution and defenseCriminal defense and criminal case filingFor plates involving property investigation and control, you can refer to the relevant content for reference.Business and contract disputes in enterprisesFor any difficulties in execution, please feel free to consult us via the columnSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: Can a debtor who is able to repay but refuses to do so be convicted of refusing to execute the judgment?

It must meet the following conditions: the person has the ability to perform the obligation but refuses to do so, and the circumstances are serious; if the person genuinely lacks the ability to perform the obligation, it generally does not constitute a crime, but sufficient evidence is required.

Q2: What evidence is needed to investigate and enforce the execution of a judgment?

The clues to property and funds, the evidence of concealment and transfer, the records of service of enforcement documents and property reporting orders, the proof of the debtor's ability to perform his obligations, and the records of his refusal to perform his obligations.

Q3: How much does it cost to initiate a legal action?

Generally, there is no additional application fee for the execution of the procedure, and self-prosecution is handled in accordance with the provisions on criminal self-prosecution; the attorney's agency fee is related to the investigation and procedural workload.

Q4: How long will it take to investigate and punish those who refuse to enforce court judgments?

The transfer of investigation and trial usually takes several months to a year, and the corresponding procedures are applied to self-prosecution cases; the specific timeframe depends on the progress of the case and the execution of debt recovery.

Q5: What should I do if the public security organ refuses to file a case?

You can apply to the procuratorial organ for case filing supervision; if you meet the conditions (such as the public security organ not filing a case or the procuratorial organ not prosecuting), you can file a private prosecution with the executing court.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as to avoid missing the statutory time limit.\nLegal services for creditor-debtor disputes·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.