[Direct answer]It is divided into two categories according to the seriousness of the circumstances. According to Article 313 of the Criminal Law of the People's Republic of China (amended in 2023), if a person is able to enforce the judgment or ruling of the people's court but 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. If a unit commits this crime, the unit shall be fined and the persons directly in charge and other directly responsible personnel of the unit shall be punished in accordance with the above provisions. The specific term of imprisonment shall be determined by the court based on the performance of the person subject to enforcement, whether he actively performs his obligations, whether he obtains the understanding of the applicant for enforcement, the amount and consequences of the transfer of property, etc. If the person actively performs his obligations and obtains the understanding of the applicant for enforcement, he shall generally be given a light punishment or even be subject to probation.

1. Problem background and typical scenarios

The difficulty of enforcement is the most headache problem for creditors. Regarding the sentencing for the crime of refusing to enforce judgments, parties often ask how many years they will be sentenced to and whether they can be granted probation. In practice, once the enforcement target is investigated and prosecuted, they often face great pressure on their credit and personal freedom. Some people will actively fulfill their obligations to seek leniency. When handling enforcement cases in Beijing, the court will examine whether the enforcement target has the ability to perform, whether they have taken measures such as concealing and transferring property, and whether they still refuse to enforce after the adoption of coercive measures, and determine whether the circumstances are serious based on this. Understanding the sentencing levels can help creditors assess the practical significance of seeking accountability.

II. Key points of contention

There are four points that need to be clarified: first, the criteria for distinguishing between serious and particularly serious circumstances; second, the allocation of responsibilities between the unit and the directly responsible personnel; third, the role of mitigating circumstances such as active performance and obtaining understanding; fourth, how criminal accountability and civil enforcement measures cooperate with each other. Generally speaking, sentencing is based on facts and circumstances, and performance is a key variable directly related to whether a lighter sentence or probation can be applied. The completeness of evidence will also affect the determination of circumstances and the final sentence. For creditors, promoting performance is often more practical than pursuing severe punishment.

III. Professional analysis by Henglue Lawyers

A case of enforcement handled by Henglue Law Firm reflects the idea of pursuing accountability from relevant parties through separate litigation to recover debts after encountering obstacles in enforcement. Ma * and A Company had a dispute over an intermediary contract. According to the judgment of the Chaoyang District People's Court of Beijing, A Company should return the intermediary service fee of 423,500 yuan. After the judgment took effect, A Company failed to perform the obligation, and Ma * applied for forced enforcement. However, the enforcement was terminated due to A Company having no property available for enforcement. Ma * then entrusted Yuan Hang, a lawyer of our firm, to recover the debt. Lawyer Yuan Hang found through retrieving materials that A Company's shareholders, Liu * and Zhang *, each subscribed to a capital of 9 million yuan and 1 million yuan respectively, with the subscription period ending on September 23, 2039. However, there were no records of actual payment in the industrial and commercial archives. Based on relevant judicial interpretations and adjudication rules, the lawyer argued that since A Company, as the debtor, had no property available for enforcement after exhausting all enforcement measures, and had the grounds for bankruptcy but failed to apply for bankruptcy, the creditor has the right to request the shareholders whose subscription period has not yet expired to bear supplementary compensation liability for the company's debts within the scope of their unpaid subscriptions. Therefore, a lawsuit for shareholders' liability for harming the creditor's interests of the company was initiated. The court adopted the lawyer's arguments and ruled that Liu * and Zhang * should bear supplementary compensation liability for A Company's debts to Ma * within the scope of their unpaid subscriptions of 9 million yuan and 1 million yuan respectively. This case shows that when encountering obstacles in enforcement, pursuing accountability from relevant parties and promoting performance can often better realize the creditor's rights than simply pursuing heavy punishment. However, all of this requires accurately identifying the responsible parties and legal basis. This case was handled by Beijing Henglue Law Firm.Yuan HangAttorney (Practice Certificate No.: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acting as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, provide the court with clues about the debtor's assets to verify their ability to fulfill their obligations; Second, collect evidence of concealing and transferring assets, violating restraining orders on consumption, etc. to determine the circumstances of the case; Third, while pursuing criminal responsibility, promote the reaching of a repayment plan to strive for actual recovery; Fourth, pay attention to mitigating circumstances and rationally consider the balance between sentencing and the realization of creditor's rights. For matters involving enforcement and debt recovery, you can refer to the following guidelines:Creditor's rights and debts, and enforcement; For the investigation of criminal responsibility, you can refer to the following document for more details.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 Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Criminal Cases Involving Refusal to Enforce Judgments and Rulings (amended in 2020). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

First, for serious cases, the sentence shall not exceed three years; for particularly serious cases, the sentence shall not exceed seven years. The sentencing shall be based on the specific facts. Second, actively fulfilling obligations and obtaining the debtor's understanding are important mitigating circumstances, and creditors can use this to promote repayment. Third, the requirements for proving criminal accountability are high, and property clues and behavioral evidence are key. Fourth, accountability and enforcement should be carried out in a coordinated manner to avoid pursuing heavy punishments at the expense of actual recovery. For cases involving difficulties in enforcement, appropriate measures can be taken to address the problem.Creditor's rights and debts, and enforcementThe service is supported, and you can refer to it when handling difficult and complex casesSpecial servicesColumn.

VI. Frequently Asked Questions

Q1: What is the usual sentence for refusing to enforce a judgment?

According to Article 313 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 above provisions. The specific term of imprisonment shall be determined by the court in light of the circumstances of the case.

Q2: What constitutes a particularly serious situation?

It usually refers to situations such as transferring a large amount of property, causing serious consequences, refusing to execute the judgment multiple times, and resisting enforcement by threatening violence. The specific determination shall be based on relevant judicial interpretations and the evidence in the case. If the circumstances are particularly serious, the statutory punishment shall be upgraded to fixed-term imprisonment of not less than three years but not more than seven years, and a fine shall be imposed.

Q3: Can actively repaying the money reduce the punishment?

Yes. Actively fulfilling obligations and obtaining the understanding of the applicant for enforcement are important circumstances for lenient treatment. At the investigation stage, there may be no prosecution; at the trial stage, the defendant may be given a light punishment or be sentenced to probation. However, fulfilling obligations does not necessarily exempt the defendant from criminal responsibility. The final decision on how to handle the case will be made by the case-handling organ in accordance with the law. It is more beneficial to strive for lenient treatment by fulfilling obligations in a timely manner and keeping the relevant evidence.

Q4: What penalties will be imposed if the unit refuses to comply with the requirements?

The unit shall be fined, and the person in charge directly responsible for it and other directly responsible persons shall be punished in accordance with the provisions on crimes committed by natural persons. When identifying the subject of decision-making and implementation, the unit's will and individual behavior shall be distinguished. Creditors may provide clues to the executing court to promote the investigation of the unit and relevant responsible persons.

Q5: If someone is sentenced to prison, does that mean their civil debts will be waived?

It is not exempted. Criminal responsibility and civil debts are independent of each other, and criminal punishment does not extinguish the obligation of the person subject to enforcement to fulfill his obligations. The creditor can still continue to apply for enforcement and claim interest and penalties for late performance. If the person subject to enforcement has property during his imprisonment, it can still be sealed up, seized, and auctioned for repayment according to law, and the enforcement will not be affected after his release from prison.

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

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limit. →\nLegal services for creditor-debtor disputes·Attorney Yuan Hang·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 you encounter disputes, please consult a practicing lawyer in time.