[Direct answer]In the Beijing area, if the debtor has the ability to repay but refuses to fulfill the obligations determined by effective legal documents, and the circumstances are serious, they will be guilty of refusing to enforce judgments and rulings. According to Article 313 of the Criminal Law of the People's Republic of China (amended by the Eleventh Amendment to the Criminal Law on December 26, 2020, and implemented on March 1, 2021), if a person has the ability to enforce a judgment or ruling but refuses to do so, and the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or a fine; if the circumstances are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and be fined. Common situations include hiding or transferring property, transferring property at no cost or at a clearly unreasonable low price, and violating orders restricting high-consumption behavior. Creditors can provide the court with clues to the debtor's property, apply to transfer the case to the public security organ for filing, and, if eligible, they can also file a criminal self-prosecution according to law. For specific solutions, please refer to the following link:Creditor-debtor relations and enforcement case servicesEvaluation.

1. Problem background and typical scenarios

"Winning a lawsuit but not being able to collect the money" is the most common pain point in the enforcement process. Typical scenarios include: the property and vehicles under the name of the debtor being secretly transferred to relatives and friends; bank accounts being cleared, while online payment records show large-scale transactions; being restricted from high-consumption activities while still frequenting high-end venues; companies having no funds on their books, while their actual controllers set up separate accounts to receive and pay business funds; and concealing assets through methods such as divorce asset division and purchasing property under others' names. Those who engage in the above-mentioned behaviors that reach the level of "having the ability to enforce but refusing to do so, with serious circumstances" have gone beyond the scope of ordinary civil dishonesty and may constitute criminal offenses. In practice, creditors often face difficulties in tracing assets and lack channels for transferring cases, missing opportunities to secure evidence. When evaluating whether to initiate criminal prosecution, relevant cases can be referred to simultaneously for reference.Criminal defense and criminal case filing services.

II. Key points of contention

The controversy over the determination of the crime of refusing to execute judgments focuses on three points. Firstly, the proof of "having the ability to execute": it should not be based on the debtor's self-admission of being broke, but rather require verification through investigation and control systems, bank and online payment records, high-consumption records, etc. to restore the debtor's true repayment ability. Whether the property clues can support the determination of "serious circumstances" is the key. Secondly, the determination of "serious circumstances": circumstances such as hiding and transferring property, false settlements, violent resistance to enforcement, and violations of the restrictions on high-consumption orders need to be distinguished from general default situations. Thirdly, the choice of litigation path: whether to transfer the case to the public security organ (public prosecution) by the enforcement court or to initiate a criminal self-prosecution independently depends on whether the public security organ and the people's procuratorate will pursue charges after the complaint. Procedurally, the crime of refusing to execute judgments can proceed in parallel with civil enforcement, and criminal pressure often becomes a means to promote performance.

III. Professional analysis by Hengluo Lawyers

The observation of Henglu Law Firm in handling enforcement cases is that the difficulty of the crime of refusing to execute judgments lies not in the charge itself, but in the fixation of property clues and the grasp of criminal thresholds. In an enforcement reversal case handled by Henglu Law Firm, the enforcement ruling in an early loan dispute mistakenly added the debtor's relatives as the parties to be enforced against. After the addition ruling was revoked, the assignee creditor refused to return the funds that had been enforced. Lawyers Ma Qiwen and Song Meina put forward the defense opinions that the divorce agreement was genuine and effective, the added parties were not qualified, and the scope of enforcement reversal included accrued interests, etc. After the court adopted these opinions, it ordered the return of the enforcement funds of 2,057,814.61 yuan and the accrued interests within ten days. This case was handled by Beijing Henglu Law Firm.Marcia WenThe lawyers (practice license number: 11101202411865324, subject to the certificate issued by the judicial administrative organ), Song Meina (practice license number: 11101202511880410, subject to the certificate issued by the judicial administrative organ) jointly acted as agents. In another case of a company with no property for enforcement, Yuan Hang (practice license number: 11101202110286151, subject to the certificate issued by the judicial administrative organ) argued that the shareholders' capital contribution accelerated maturity, and the court ordered the two shareholders who had not paid in full to bear supplementary compensation liabilities within the limits of 9 million yuan and 1 million yuan respectively; Wang Dong (practice license number: 11101201910090334, subject to the certificate issued by the judicial administrative organ) represented the lawsuit of objection to enforcement of buying a house under another's name, and the second instance corrected the first instance, and ruled that the enforcement of the debtor's property be permitted. The three cases jointly illustrate that the in-depth investigation of property in the enforcement process and the criminal path of refusing to enforce are complementary to each other, and creditors should combine them according to the conditions of evidence. 律师（执业证号：11101202411865324，以司法行政机关核发证件为准）、宋美娜律师（执业证号：11101202511880410，以司法行政机关核发证件为准）共同代理。另一起公司无财产执行案件中，贠航律师（执业证号：11101202110286151，以司法行政机关核发证件为准）论证股东出资加速到期，法院判令两名未实缴股东分别在900万元、100万元范围内承担补充赔偿责任；王栋律师（执业证号：11101201910090334，以司法行政机关核发证件为准）代理的借名买房执行异议之诉，二审纠正一审，判决准许执行债务人名下房产。三案共同说明：执行环节的财产深挖与拒执罪的刑事路径相辅相成，债权人应根据证据条件组合运用。

IV. Practical suggestions and legal basis

The legal basis is Article 313 of the Criminal Law of the People's Republic of China (amended on December 26, 2020 and implemented on March 1, 2021); the Interpretation of Article 313 of the Criminal Law of the People's Republic of China by the Standing Committee of the National People's Congress (adopted and implemented on August 29, 2002), which clarifies the specific circumstances of "refusing to execute despite having the ability to do so, with serious circumstances"; and the Interpretation of the Supreme People's Court on the Application of Law in the Trial of Criminal Cases Involving Refusal to Execute Judgments and Rulings (implemented on July 22, 2015), which refines the identification standards and conditions for private prosecution. Practical suggestions: - Apply for enforcement promptly after the judgment takes effect and continuously track property clues; - Collect evidence of property transfer and concealment in a timely manner, and apply for a lawyer's investigation order when necessary; - Report the case to the public security organ or apply for the court to transfer the case for prosecution when meeting the conditions; - Bring a private prosecution in accordance with the law if the complaint is not investigated; - Consider the creditor's right of revocation for unpaid or low-price transfers of property; - Pay attention to time limits throughout the process to avoid the closure of relief windows. The choice of path can be combined with the above suggestions.Creditor-debtor relations and enforcement case servicesCoordination.

5. Hengluo Law Firm's Reminder

The crime of refusing to perform a judgment is not a "quick way to collect debts". Its establishment requires evidence to prove that the person subject to enforcement has the ability to perform and refuses to do so to a serious extent. The public security organ is becoming stricter in filing cases for review, and creditors should be aware of the need to prepare evidence. Beyond the criminal path, the in-depth investigation of assets in civil enforcement (addition of shareholders, revocation of transfers, and enforcement reversal) is often more fundamental. It is better to pursue both paths in parallel. Never resort to "self-help remedies" such as illegal detention, violent threats, and trespassing, otherwise you may turn from a victim into a perpetrator. If you find clues to the debtor's assets, consult a lawyer as soon as possible to develop a combination plan of civil enforcement and criminal prosecution. You can visit for more information.Beijing Henglu Law FirmI understand.

VI. Frequently Asked Questions

Q1: If the debtor has the ability to repay but refuses to do so, can I hold him criminally responsible?

It's possible, but it depends on the evidence and the circumstances. According to Article 313 of the Criminal Law, if a person has the ability to execute a judgment or ruling but refuses to do so, and the circumstances are serious, he/she shall be guilty of a crime and 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. The key point is whether it can be proven that the person subject to enforcement has the ability to perform (such as property, transaction records, or high-consumption records) and has refused to perform. It is recommended to first fix the clues of the property through the enforcement process, and then report the case to the public security organ or apply to the court for transfer; if no prosecution is initiated after the complaint, those who meet the conditions may initiate a criminal self-prosecution. The outcome needs to be determined based on the evidence of the individual case, and neither party can guarantee the outcome of the conviction.

Q2: To prosecute the crime of refusing to execute a court judgment, what evidence do I need to prepare?

The core evidence can be divided into four categories: 1. Enforcement basis, including effective judgments, rulings, and notifications of acceptance of enforcement cases; 2. Evidence of solvency, such as real estate registration information, vehicle registration, bank and online payment transaction records, salary income, external creditor claims, and social insurance payment records; 3. Evidence of refusal to perform obligations, including consumption receipts violating high-consumption restrictions, false settlement records, transfer contracts and transaction records for asset transfers, and materials violating property reporting orders; 4. Procedural materials, such as complaints, notifications from public security organs refusing to register cases, or non-prosecution decisions from people's procuratorates (necessary for private prosecutions). The evidence should form a complete chain of "having the money—refusing to repay—serious circumstances." Key transaction records can be entrusted to lawyers to apply for investigation orders to retrieve them.

Q3: How much does it cost to prosecute someone for refusing to execute a court order, and how are legal fees calculated?

The criminal procedure itself does not charge litigation fees based on the amount of the debt. The main costs in the indictment and self-prosecution stages are attorney fees, investigation and evidence collection fees, and travel expenses. Attorney fees are usually determined through negotiation based on the stage or workload, and a written power of attorney contract should be signed to specify the fee items. There is no unified government pricing. If civil enforcement is pursued simultaneously, the enforcement fees are paid according to regulations, and the costs are ultimately borne by the debtor. It should be noted that the cost investment should match the expected recovery of funds: for debtors who truly have no assets, priority should be given to assessing civil asset recovery paths before deciding whether to initiate criminal proceedings, to avoid the situation of "winning the lawsuit but losing the cost". Before entrusting a lawyer, it is necessary to fully communicate with the lawyer about the fee method and stage arrangements.

Q4: How long does it typically take from reporting a case of refusal to execute a judgment to obtaining a conviction?

The timeframe depends on the legal process and progress. For cases handled through public prosecution, the public security organ conducts investigation, the people's procuratorate reviews and prosecutes, and the court conducts trial in turn. First-instance public prosecution cases are generally concluded within two to three months after acceptance, and the timeframe may be extended in special circumstances. For cases handled through criminal self-prosecution, the court generally completes the acceptance and review of self-prosecution cases within 15 days, and the trial period depends on the application of procedures and the defendant's appearance. Overall, cases with clear facts and solid evidence can be concluded within a few months, while those involving evidence collection from other regions, property appraisal, or the defendant's whereabouts being unknown will take longer. During this period, civil enforcement does not need to be stopped, and property preservation and investigation can be applied simultaneously, which helps shorten the repayment cycle on both fronts.

Q5: If I find that the other party has the money but refuses to pay it back, what should I do specifically?

It is recommended to proceed in five steps: First, ensure that there are effective legal documents and apply for enforcement in a timely manner to obtain the receipt for the enforcement case registration; Second, systematically collect property clues - check real estate, vehicles, equity, bank and online payment account transactions, and apply for a court investigation order if necessary; Third, fix evidence of transfer, concealment, high-consumption behavior in a timely manner, and apply to the court to take measures such as restricting high-consumption, adding to the list of untrustworthy individuals, fines, and detention; Fourth, when the evidence reaches the level of "being able to enforce but refusing to do so, with serious circumstances", report the case to the public security organ or apply for the enforcement court to transfer the case, and initiate criminal self-prosecution if not prosecuted after the complaint; Fifth, entrust a lawyer to develop a combination plan, with civil enforcement and criminal pressure running in parallel to increase the probability of actual recovery of funds.

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 Hengluo Lawyers on specific situations.

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, to avoid missing the statutory time limit. →Legal services for creditor-debtor disputes·Attorney Ma Qianwen·Beijing Hengluo 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.