[Direct answer]Yes, but it must meet the statutory conditions. According to Article 3 of the "Interpretation of the Supreme People's Court on the Application of Law in the Trial of Criminal Cases Involving Refusal to Enforce Judgments and Rulings" (amended in 2020), if the applicant for enforcement has evidence to prove that the following circumstances exist simultaneously, he/she may file a private prosecution with the people's court: the person who has the obligation to enforce the judgment or ruling refuses to do so, infringes the applicant's personal and property rights, and should be investigated for criminal responsibility according to law; and the applicant for enforcement has previously filed a complaint, but the public security organ or the people's procuratorate refuses to investigate the criminal responsibility. Therefore, it is usually necessary to file a complaint first, and after the public security organ or the procuratorate refuses to investigate, it can be converted into a private prosecution; the private prosecution requires the applicant to provide evidence on his/her own, and the threshold is relatively high. It is recommended to prepare with the assistance of a lawyer.

I. Problem Background and Typical Scenarios

In the execution of cases, what creditors often care about most is whether the debtor can be held criminally liable. In practice, many applicants for enforcement hope to bypass the public security organ and file a lawsuit on their own, believing that this will be faster; but refusal to perform the obligation is usually a public prosecution case, while private prosecution is an exception. There are two common scenarios: first, the public security organ refuses to file a case on the grounds of insufficient evidence after receiving a complaint, and the applicant for enforcement disagrees with this decision; second, the debtor has obvious acts of transferring property, and the creditor hopes to pursue legal action as soon as possible. When handling enforcement cases in Beijing, the court and the public security organ are quite strict in transferring clues and setting filing standards for refusal to perform the obligation. Private prosecution cases require more complete evidence support. Understanding the application conditions of private prosecution can help creditors choose the appropriate path to protect their rights.

II. Key points of dispute

There are four points that need to be clarified: Firstly, whether the initiation of a private prosecution requires a prior accusation, and whether it is possible to initiate a private prosecution directly without an accusation; Secondly, how the burden of proof is allocated in private prosecution cases, and what facts the applicant needs to prove; Thirdly, the form of the public security and procuratorial organs' refusal to prosecute after an accusation - whether it is a written decision or inaction; Fourthly, the relationship between private prosecution and public prosecution, and the handling of cases where the public security organ initiates an investigation during the private prosecution process. Overall, the private prosecution of the crime of refusing to execute a judgment is a supplement to public prosecution, with strict conditions, and the core lies in proving the facts of the crime and the prior accusation. Whether the evidence is sufficient and the procedures are complete directly determines whether the private prosecution can be accepted and supported.

III. Professional analysis by Henglue Lawyers

When handling self-prosecution cases of refusing to execute judgments, Henglue Lawyers typically proceed from four aspects. First, pre-prosecution: Guiding the applicant to submit written accusation materials to the public security organ, and keeping the acceptance and response certificates to prove that the accusation procedure has been fulfilled. Second, evidence organization: Focusing on the core issue that the debtor has the ability to execute but refuses to do so, collecting property clues, evidence of concealing and transferring property, records of violating the restriction on consumption orders, and evidence of the results of causing losses. Third, legal application: Referring to the relevant judicial interpretations of refusing to execute judgments, determining whether the circumstances are serious, and preparing the self-prosecution statement and evidence catalogue. Fourth, procedural connection: Keeping track of the self-prosecution case filing, court hearings, and mediation, and applying for investigation and evidence collection when necessary; if the debtor fulfills his obligations and obtains the debtor's understanding, it can be evaluated whether to withdraw the self-prosecution.

IV. Practical Suggestions and Legal Basis

Action suggestions: First, submit a written complaint to the public security organ and obtain a written certificate of acceptance or refusal to file a case, so as to fix the evidence preliminary to the complaint; Second, systematically collect evidence of the debtor's ability to perform but refusal to perform, and form a complete chain of evidence; Third, if the conditions for private prosecution are met, promptly file a private prosecution with the court with jurisdiction and apply for investigation and evidence collection at the same time; Fourth, pay attention to the reconciliation and performance in the process of private prosecution, and rationally evaluate the pros and cons of withdrawing the private prosecution. For matters involving enforcement and debt recovery, you can refer to the relevant provisions.Creditor's rights and debts, and enforcementFor cases involving criminal self-prosecution procedures, you can refer to the following materials for reference.Criminal defense and criminal case filingLegal basis: Article 313 of the Criminal Law of the People's Republic of China (amended in 2023), Article 3 of the Interpretation of the Supreme People's Court on the Application of Law in the Trials of Criminal Cases Involving Refusal to Enforce Judgments and Rulings (amended in 2020), and the relevant provisions on private prosecution cases in the Criminal Procedure Law of the People's Republic of China (amended in 2018). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, the crime of refusing to enforce a judgment is mainly prosecuted by the public prosecution and supplemented by private prosecution. It is usually difficult to accept a direct private prosecution without being charged. Secondly, the evidence for pre-prosecution should be documented, and the acceptance certificates and response documents must be preserved. Thirdly, the burden of proof in a private prosecution lies with the applicant for enforcement. Insufficient evidence often leads to a loss of the case or its non-acceptance. Fourthly, private prosecution and civil enforcement can be carried out in parallel. Pursuing the case while applying pressure is often more conducive to the realization of the creditor's rights. For issues involving difficulties in enforcement, it can be resolved through legal means.Creditor's rights and debts, and enforcementFor services requiring support, those involving criminal charges and private prosecutions can be referred to for referenceCriminal defense and criminal case filingColumn.

VI. Frequently Asked Questions

Q1: What are the statutory conditions for a private prosecution of the crime of refusing to execute a judgment?

Two conditions must be met simultaneously: Firstly, the person subject to enforcement has the ability to enforce the judgment or ruling but refuses to do so, infringing upon the personal and property rights of the applicant for enforcement, and should be held criminally liable according to law; Secondly, the applicant for enforcement has previously filed a complaint, but the public security organ or the people's procuratorate has refused to hold them criminally liable. If the above conditions are met and supported by evidence, the applicant for enforcement may file a private prosecution with the people's court.

Q2: Can I file a lawsuit directly without being charged first?

Generally, this is not allowed. The crime of refusing to execute a judgment is usually subject to the condition of prior complaint, that is, the victim must first file a complaint with the public security organ. If the public security or procuratorial organ does not prosecute after receiving the complaint, the case can then be transferred to the victim's self-prosecution. If the victim directly files a lawsuit without first filing a complaint, the court is unlikely to accept the case. It is recommended to first secure the evidence for the complaint, then evaluate the feasibility of self-prosecution, and avoid procedural detours.

Q3: Who bears the burden of proof in a private prosecution case?

The plaintiff, that is, the party applying for enforcement. The applicant for enforcement needs to provide evidence that the defendant has an obligation to perform but refuses to do so, causing damage, and that the complaint must be preceded by a preliminary investigation. If the evidence is insufficient, the application may be ruled inadmissible or dismissed by the court. If there are difficulties in investigating the evidence, the applicant may apply to the people's court for evidence collection in accordance with the law.

Q4: What should I do if the public security organ refuses to file a case?

You may request the public security organ to issue a written notice of refusal to initiate a case; if you disagree with the decision, you may apply for reconsideration, apply to the people's procuratorate for case supervision, or convert the case to a private prosecution in accordance with the law. If it falls within the scope of private prosecution, you may file a private prosecution with the court after obtaining the proof materials showing that the case will not be prosecuted. It is recommended to preserve relevant evidence simultaneously to prepare for the subsequent procedures.

Q5: Can I withdraw my lawsuit after filing a private prosecution?

Yes. In a private prosecution case, the private prosecutor may reach a settlement with the defendant or withdraw the private prosecution before the verdict is pronounced. If the debtor fulfills his obligations, the applicant for enforcement obtains repayment, or a settlement and understanding is reached, the private prosecution can usually be withdrawn. Whether to withdraw the lawsuit should be comprehensively judged in light of the realization of the creditor's rights, and a decision should be made under the guidance of a lawyer when necessary to avoid affecting subsequent recovery of compensation due to the withdrawal of the lawsuit.

The above questions and answers are mainly based on the judicial practice in the Beijing area. There may be differences in the interpretation of judgments 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 necessary evidence, to avoid missing the statutory time limits.Legal 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 a dispute arises, please consult a practicing lawyer in time.