[Direct answer]It depends on the nature of the case. For cases of refusal to enforce judgments or rulings involving self-prosecution, the self-prosecutor may reach a settlement with the defendant or withdraw the self-prosecution before the judgment is announced. Therefore, after the person subject to enforcement and the applicant for enforcement reach a settlement and fulfill their obligations, the self-prosecution can usually be withdrawn. For cases involving public prosecution, whether to withdraw the case is decided by the public security organ and the people's procuratorate in accordance with the law, and the parties cannot withdraw the case on their own. However, if the person subject to enforcement actively fulfills their obligations and obtains the understanding of the applicant for enforcement, it can be considered as a mitigating circumstance. In the investigation stage, the case may not be prosecuted, and in the trial stage, the defendant may be given a light punishment or be sentenced to probation. It should be noted that reaching a settlement and fulfilling obligations do not necessarily lead to the withdrawal of the case. The case-handling organ will ultimately make a determination in accordance with the law.

1. Problem background and typical scenarios

In the execution of cases, many debtors, once held accountable for refusing to perform their obligations, will actively propose repayment settlements in the hope of resolving the case. However, creditors are concerned that if the settlement leads to the withdrawal of the case, the other party may default again. In practice, for public prosecution cases arising from civil disputes and possibly resulting in sentences of less than three years in prison, the law allows parties to reach settlements; however, whether cases of refusing to enforce judgments and rulings fall within the scope of settlements needs to be determined based on the specific circumstances of the case. When handling such cases in Beijing, the handling authorities usually take whether the debtor has fulfilled their obligations and whether a settlement has been reached as important considerations. Understanding the boundaries between settlements and case withdrawals can help both parties make rational choices for solutions.

II. Key points of contention

There are four key points that need to be clarified: First, whether the case is a private prosecution or a public prosecution, as the rules for settlement and case withdrawal differ between the two; Second, the scope and conditions of settlement application in public prosecution cases; Third, the impact of the obligee fulfilling their obligations and obtaining understanding on the handling result; Fourth, the remedial path for repeated breaches of trust after settlement, including resuming enforcement and re-imposing accountability. Overall, private prosecution cases give parties more autonomy, while public prosecution cases are subject to the judgment of the case-handling authority. Whether the content of the settlement agreement is comprehensive directly affects whether the creditor's rights can ultimately be realized. It is recommended to specify the performance period, amount, and consequences of default in the agreement.

III. Professional analysis by Henglue Lawyers

When handling such cases, Henglue Lawyers usually focus on three aspects. First, case classification: First, determine whether the case is a private prosecution or a public prosecution, clarify the possible space for settlement and case withdrawal, and avoid making unrealistic expectations. Second, agreement design: The settlement agreement should specify the repayment amount, term, method, and default liability, and stipulate the accelerated maturity and resumption of enforcement clauses for any period of non-performance. When necessary, it is required to provide guarantees. Third, procedural coordination: Submit performance and understanding materials to the case-handling authorities at the stages of investigation, review and prosecution, and strive for lenient treatment; at the same time, explain to the enforcement court to ensure that the enforcement process and criminal process proceed in a coordinated manner. It should be noted that in public prosecution cases, the case cannot be withdrawn solely based on the wishes of the parties involved. The person subject to enforcement should obtain lenient treatment through actual performance, rather than relying on a formal settlement.

IV. Practical Suggestions and Legal Basis

Action suggestions: First, clarify the nature of the case and determine whether there is room for settlement and withdrawal of the case; Second, the settlement agreement must be in writing, stating the amount, time limit, and breach of contract liability, and setting an accelerated maturity clause; Third, submit the performance certificates and understanding materials to the case-handling authority in time to strive for lenient treatment; Fourth, if the other party breaches the agreement again after the settlement, apply for resumption of enforcement and claim corresponding responsibilities in time. For matters involving enforcement and debt recovery, you can refer to the relevant provisions.Creditor's rights and debts, and enforcement; For those involving criminal proceedings, you can refer to the relevant provisions.Criminal defense and criminal case filingLegal basis: Article 313 of the Criminal Law of the People's Republic of China (amended in 2023) and the relevant provisions of the Criminal Procedure Law of the People's Republic of China (amended in 2018) on the litigation procedures of self-prosecution cases and public prosecution cases where the parties reach a settlement. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Advice

Firstly, in the case of self-prosecution, the parties may reach a settlement and withdraw the lawsuit. Whether the public prosecution will withdraw the case is decided by the case-handling organ, and this should not be confused with other cases. Secondly, the settlement agreement should include clauses on breach of contract and accelerated maturity to prevent a second breach of trust. Thirdly, performance and understanding are important mitigating circumstances, and parties should actively and timely submit relevant materials. Fourthly, the withdrawal of the case does not extinguish civil debts, and creditors can still apply for resumption of enforcement. For cases involving enforcement and recovery of debts, relevant materials can be submitted through the appropriate channels.Creditor's rights and debts, and enforcementThe service is supported, and for defense in criminal proceedings, you can refer to the following resources for assistance.Criminal defense and criminal case filingColumn.

VI. Frequently Asked Questions

Q1: Is the crime of refusing to execute a judgment a private prosecution or a public prosecution?

In cases where the judgment or ruling is not executed, it is normal to prosecute the case publicly. When the statutory conditions are met, the applicant for enforcement may also file a private lawsuit. Public prosecution cases are investigated by the public security organ and reviewed and prosecuted by the procuratorial organ; private prosecution cases are self-evidenced by the applicant for enforcement and sued in court by him/her. The nature of the case is different, and the rules for settlement and withdrawal of the case are also different. It needs to be judged according to the specific circumstances.

Q2: Can public prosecution cases be settled through mediation?

Part of it is acceptable. For public prosecution cases arising from civil disputes and involving possible sentences of less than three years in prison, the law stipulates that the parties may reach a settlement. Whether the settlement procedure applies to refusal to execute the judgment needs to be determined based on the circumstances of the case and the scope stipulated by law. Even if the settlement procedure does not apply, voluntary performance and obtaining understanding can still be considered as mitigating circumstances for lenient treatment.

Q3: Will the case definitely be withdrawn after the performance is completed?

Not necessarily. In a self-prosecution case, the self-prosecution can be withdrawn after the settlement; in a public prosecution case, whether to withdraw the case is decided by the case-handling organ in accordance with the law. The performance of the agreement and the understanding are only mitigating circumstances, and do not necessarily lead to the withdrawal of the case. In practice, full performance and obtaining an understanding are usually conducive to obtaining a lighter punishment, but whether to withdraw the case still depends on the judgment of the case-handling organ.

Q4: What should I pay attention to in a settlement agreement?

It is necessary to specify the repayment amount, deadline, and method in writing, agree that any breach of contract in any period will result in the entire debt becoming due, and allow for the application to resume enforcement; when necessary, require the provision of guarantees or property mortgages. Avoid agreements that only consist of verbal promises or have vague content. After signing the agreement, you can apply to the court to issue a mediation document or confirm the agreement, in order to enhance the enforceability of the agreement.

Q5: What should I do if the other party breaks their promise again after we've reached a settlement?

According to the agreement, the creditor may claim accelerated maturity, apply for resuming enforcement of all unpaid amounts, and apply for seizure and freezing of the debtor's property; if the circumstances are serious, the creditor may provide clues again to promote the investigation of the debtor's responsibility for refusing to enforce the judgment or ruling. It is recommended that the creditor keep the corresponding evidence when reaching a settlement and stipulate the consequences of breach of contract in the agreement to reduce the risk of being dishonest a second time.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, 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 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.