[Direct answer]In the Beijing area, it is not necessarily required to reach the level of "serious circumstances". According to Article 313 of the Criminal Law of the People's Republic of China (amended in 2023), if a person has the ability to enforce the judgment or ruling of the people's court but refuses to do so, and the circumstances are serious, he/she shall be guilty of the crime of refusing to enforce the judgment or ruling, and 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/she shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and be fined. Where a unit commits the crime described in the preceding paragraph, the unit shall be fined and the person directly in charge of the unit and other directly responsible persons shall be punished in accordance with the provisions of the preceding paragraph. Whether a person has the ability to enforce the judgment or ruling, and whether he/she refuses to do so and the circumstances are serious, shall be determined based on the person's financial status, performance ability, and acts such as concealing or transferring property and resisting enforcement. Creditors may provide clues to the enforcement court, apply for transfer of the case, or file a complaint in accordance with the law, and simultaneously apply for inclusion in the list of dishonest individuals and imposition of restrictions on high-consumption activities.

1. Problem background and typical scenarios

In practice, some debtors are not financially incapable of fulfilling their obligations, but instead evade enforcement by concealing their assets, submitting false reports, or refusing to cooperate. Creditors often ask: If the other party owns a house and a car, can they be held criminally liable? However, criminal prosecution requires meeting statutory conditions and circumstances, and cannot be inferred solely based on non-payment. When handling enforcement cases in the Beijing area, the court will review the debtor's changes in assets, their reporting of property information, and their level of cooperation.

II. Key points of contention

There are four points that need to be clarified: Firstly, how to determine whether someone has the ability to perform but refuses to do so; Secondly, what specific circumstances constitute a serious situation; Thirdly, whether the path of prosecution is to apply to the court for transfer or to file a complaint on one's own; Fourthly, how to link criminal accountability with civil enforcement measures. Generally speaking, the application of the crime of refusing to perform has strict conditions, but once it is constituted, it can form a significant deterrence and promote the fulfillment of debts.

III. Professional analysis by Henglue Lawyers

In handling cases, Henglue Lawyers typically follow a four-step approach to hold those who refuse to fulfill their obligations accountable. First, **property verification**: Through enforcement procedures, we investigate the debtor’s bank deposits, real estate, vehicles, equity, and online funds to verify their actual ability to perform the obligation. Second, **evidence collection**: We gather evidence of the debtor’s acts of concealing, transferring, or disposing of property at unreasonably low prices, as well as records of their false asset declarations, violations of consumption restrictions, and refusal to surrender assets. Third, **legal action**: We apply to the enforcement court to transfer the case to public security authorities for prosecution, or, if eligible, file charges on behalf of the creditor in accordance with the law. We also request measures such as inclusion in the list of dishonest debtors, restrictions on high-consumption activities, and travel bans to exert comprehensive pressure. Fourth, **enforcement coordination**: While pursuing accountability, we maintain communication to facilitate repayment agreements and recover debts. It should be noted that the determination of the crime of refusing to enforce judgments requires serious circumstances and high evidentiary standards. Creditors should focus on ensuring the completeness and authenticity of evidence and avoid making claims based solely on subjective judgments. For difficult cases involving overlapping enforcement and criminal proceedings, reference materials are available for guidance.Special servicesColumn.

IV. Practical suggestions and legal basis

Action suggestions: Firstly, provide the court with clues to the debtor's assets and evidence of their evasion of enforcement actions; Secondly, apply for inclusion in the list of untrustworthy individuals, restriction of high-consumption and travel abroad; Thirdly, when eligible, apply for transferring the case to investigate and prosecute the debtor for refusing to enforce the judgment or ruling; Fourthly, negotiate a repayment plan simultaneously to recover the creditor's rights. For matters involving enforcement and debt recovery, you can refer to the following documents for reference:Creditor's rights and debts, and enforcementLegal basis: Article 313 of the Criminal Law of the People's Republic of China (amended in 2023), and the relevant provisions on enforcement measures of the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, having the ability to perform the obligation does not necessarily constitute the crime of refusing to execute the judgment, and the circumstances must be serious. Secondly, the credit blacklist and the restriction on high consumption are common and effective measures. Thirdly, the evidence requirements for criminal prosecution are high, and the clues must be specific and true. Fourthly, civil enforcement and criminal prosecution can proceed in parallel to form comprehensive pressure. For those involved in enforcement obstacles, they can seek help through legal means.Creditor's rights and debts, and enforcementThe service is supported, and those involved in criminal charges can refer to it for assistance.Criminal defense and criminal case filingColumn.

VI. Frequently Asked Questions

Q1: Does not repaying the money necessarily constitute the crime of refusing to execute the judgment?

Not necessarily. To constitute the crime of refusing to execute judgments and rulings, it is necessary to meet the requirements of having the ability to execute, refusing to execute, and the circumstances being serious. Only the act of non-performance is not enough to determine the crime. Creditors should collect evidence showing that the debtor has property but refuses to perform his obligations, conceals or transfers his property, etc., and provide it to the enforcement court and apply for transfer for handling.

Q2: What circumstances are considered to be serious offenses?

Common situations include hiding, transferring, intentionally damaging property, or transferring property without compensation, transferring property at an obviously unreasonably low price, resulting in the inability to enforce judgments and rulings; making false reports or refusing to report on the situation of property; violating the order restricting consumption; resisting enforcement by violence or threats, etc. The specific determination shall be based on the relevant judicial interpretations and the evidence in the case.

Q3: How to prosecute the debtor for refusing to perform the judgment?

Generally, the executing court will transfer the clues to the public security organ for investigation and filing a case; when meeting the conditions, the creditor may also file a complaint on his own according to law. The creditor shall provide evidence such as property clues, transfer vouchers, and behavioral records. The determination of criminal responsibility shall be made by the judicial organ, and the creditor cannot determine it on his own or directly demand a conviction.

Q4: What are the penalties for the crime of refusing to execute a court judgment?

According to the provisions of the Criminal Law, if the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or a fine; if the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and be fined. For units that commit crimes, the unit shall be fined and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the law. The specific sentencing shall be determined by the court.

Q5: Apart from holding them criminally liable, how else can we exert pressure on them?

Applications can be made to include the debtor in the list of dishonest debtors, restrict their high-consumption activities, and restrict their exit from the country. Pressure can also be applied through means such as media exposure and reward announcements. For acts of evading enforcement, fines and detention can be applied for. The parallel application of multiple measures is usually more effective in promoting enforcement than a single approach. It is recommended to proceed with the enforcement under the cooperation of enforcement judges and lawyers.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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 you encounter disputes, please consult a practicing lawyer in time.