[Direct answer]In the Beijing area, eligible applicants for enforcement may initiate criminal self-prosecutions for the crime of refusing to enforce judgments and rulings. According to Article 313 of the Criminal Law of the People's Republic of China (amended provisions implemented on March 1, 2021) and the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Refusing to Enforce Judgments and Rulings, if the person subject to enforcement obligations has the ability to enforce but refuses to do so, infringes the personal and property rights of the applicant for enforcement, and should be held criminally responsible, and the applicant for enforcement has previously filed a complaint but the public security organ or the people's procuratorate refuses to hold the defendant criminally responsible, the applicant for enforcement may initiate self-prosecutions in the people's court with jurisdiction. The self-prosecution requires the submission of a self-prosecution statement, the enforcement basis, evidence of property clues, and proof materials showing that the complaint was not investigated. The people's court will review and decide whether to accept the case within 15 days. The operational points can be combined with the above content.Creditor-debtor relations and enforcement case servicesSeize the opportunity.

1. Problem background and typical scenarios

"No one responds to the alarm" and "no feedback after transferring the case to the public security organ" are frequent complaints from creditors during the enforcement process. Typical scenarios include: the debtor transfers real estate and clears their accounts but still indulges in high-consumption activities; the creditor holds clues but doesn't know who to report them to; when reporting the case to the public security organ, they are told that it's a civil dispute and the case won't be registered; when applying for the court to transfer the case, there's no feedback for a long time; and when they want to sue the debtor for "crimes", they worry that the court won't register the criminal self-prosecution. Therefore, the criminal prosecution of refusal to perform obligations often remains on paper. The self-prosecution system is precisely a channel set up to make up for the lack of public prosecution, but the threshold is not low, and the requirements for evidence and procedures are strict. Creditors need to first determine whether they meet the statutory conditions for self-prosecution, and then decide on the direction of their efforts. Related questions can be combined withCreditor-debtor relations and enforcement case servicesPreliminary assessment.

II. Key points of contention

There are three key points of contention. First, whether the conditions for private prosecution are met: According to Article 210 of the Criminal Procedure Law of the People's Republic of China, the victim must have evidence to prove that the defendant's acts of infringing on their personal and property rights should be investigated for criminal responsibility according to law, and the public security organ or the people's procuratorate refuses to investigate the defendant's criminal responsibility. Both conditions are indispensable. Second, whether the evidence meets the criminal standard of proof: The private prosecutor needs to complete the evidence collection by himself/herself, and prove that the defendant "has the ability to perform but refuses to perform and the circumstances are serious". The standard of proof is higher than that of civil cases. Third, jurisdiction and procedures: Private prosecution should be filed with the people's court with jurisdiction. If the court reviews and finds a lack of criminal evidence and the private prosecutor cannot provide supplementary evidence, the private prosecution may be persuaded to withdraw or the court may rule to reject it.

III. Professional analysis by Hengluo Lawyers

Based on practical observations in handling enforcement cases, the difficulties in initiating a private prosecution for the crime of refusing to execute judgments mainly lie in three aspects. First, it's hard to obtain proof of "non-prosecution": some creditors only report the case orally, without obtaining a written receipt or a notice of non-filing, making it impossible to prove even the basic requirements for initiating a private prosecution. Second, the property clues are limited to "hearing that he has money": without supporting evidence such as transaction records, registration information, or high-consumption receipts, it's impossible to prove his ability to execute the judgment. Third, the private prosecution statement only expresses emotions rather than facts: it fails to correspond to the elements of the crime one by one, making it difficult for the court to determine guilt. Hengluo Lawyer's usual practice is to first fix the property and high-consumption evidence through enforcement investigation and investigation orders, then evaluate whether the conditions for initiating a private prosecution are met, rather than filing a lawsuit impetuously. For companies as the debtors, we will also verify the situation of shareholders' contributions and personality confusion, and identify the liable entities that can be enforced against. For related enforcement issues, please refer to the following link:Creditor-debtor relations and enforcement case services.

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); Article 210 (scope of private prosecution cases) and Article 211 (review and handling of private prosecution cases) of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018); and 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 (implemented on July 22, 2015) regarding the conditions and determination of private prosecution. Practical suggestions: First, exhaust civil enforcement and property investigation to lay a solid foundation for evidence; when reporting a case, be sure to obtain a written receipt and a notice of refusal to initiate a case; organize facts and evidence around the constituting elements in the private prosecution statement; if you are unsure about the procedures and evidence, hire a lawyer as soon as possible to increase the success rate of case initiation. For cases involving criminal procedures, you can proceed with the next step.Criminal defense and criminal case filing services.

5. Henglu Law Firm's Advice

Self-prosecution is both a right and a burden — the burden of proof lies entirely with the self-prosecutor, and insufficient evidence may lead to the case being dismissed, wasting time and money. Do not initiate self-prosecution solely based on the other party's "claims of poverty" or hearsay. Instead, conduct thorough property investigations first. Pay attention to the statute of limitations and the preservation of evidence: case reporting materials, receipts, and documents stating that the case will not be filed must be properly preserved. These are the "admission tickets" for self-prosecution. If there are enforceable civil assets (real estate, equity, accounts receivable) at the same time, conducting civil enforcement and criminal self-prosecution in parallel often results in faster recovery of funds. If you are unsure about the conditions for filing a case or the evidentiary standards, it is recommended to consult a professional lawyer as soon as possible. You can do this throughBeijing Hengluo Law FirmObtain an evaluation opinion.

VI. Frequently Asked Questions

Q1: Will the court accept a private prosecution for the crime of refusing to execute a judgment, and can I win the case?

The acceptance of the case and the likelihood of winning depend on the statutory conditions and the solidity of the evidence. The acceptance conditions include: there is evidence to prove that the person subject to enforcement has infringed your personal and property rights and should be held criminally responsible, and you have filed a complaint but the public security organ or the people's procuratorate refuses to investigate. The court will review and decide within 15 days. Substantively, it is necessary to prove that the person subject to enforcement "has the ability to perform but refuses to do so and the circumstances are serious". The evidence includes property transaction records, transfer registration, and high-consumption records, etc. If there is a lack of criminal evidence and no supplementary evidence can be provided, the party may be persuaded to withdraw the lawsuit or the court may rule to reject it. Therefore, we cannot guarantee the outcome, but the likelihood of winning the case is significantly higher if the evidence chain is complete. It is recommended to evaluate the case first before initiating it.

Q2: What materials are needed to prepare for a self-prosecution case of refusing to execute a judgment?

The core materials include: a self-written complaint (containing the parties' information, the alleged facts and charges, specific claims, and a list of evidence); the basis for enforcement (effective judgments, rulings, and notifications of acceptance for enforcement); evidence of property and performance ability (real estate registration, vehicles, bank and online payment records, and external creditor's rights); evidence of refusal to perform (violation of the high-consumption restriction order, contracts for transferring property, and false reconciliation records); procedural materials (complaints, notifications from public security organs refusing to initiate cases, or decisions by the people's procuratorate not to prosecute); and identity certificates and power of attorney procedures. The materials should be arranged according to the logic of "ability to perform - refusal to perform - serious circumstances", so that reviewers can clearly see the constituting elements at a glance.

Q3: How much does it cost to prosecute someone for refusing to execute a judgment?

In criminal proceedings, litigation fees are not charged based on the amount of the debt. The main costs in the self-prosecution stage include attorney fees, investigation and evidence collection fees, and travel expenses. Attorney fees are generally determined through negotiation based on the stage of the case or the amount of work involved. A written power of attorney contract should be signed, and the fees and stages should be clearly specified. There is no unified government pricing for these fees. Those who are financially disadvantaged and meet the legal requirements may apply for legal aid according to the law. It should be noted that before self-prosecution, it is necessary to evaluate the maturity of the evidence and the prospects of recovering the debt to avoid making hasty investments when the evidence is insufficient. If there are controllable clues to the debtor's assets during the civil enforcement stage, it is often more cost-effective and efficient to prioritize enforcing the recovery of the debt.

Q4: How long does it usually take to reach a verdict in a private prosecution case of refusing to execute a judgment?

The time is divided into two stages: The court generally completes the acceptance and review of self-prosecution cases within 15 days, and the trial process begins after the decision to accept the case. The trial period depends on the applicable procedures and the defendant's appearance. Cases with clear facts and cooperative defendants are relatively quick, while cases requiring evidence collection from other locations, additional appraisals, or where the defendant's whereabouts are unknown will take longer. Overall, the process often lasts several months. During this period, the civil enforcement process does not need to be stopped, and the investigation and property preservation can proceed simultaneously. It should be noted that the time limit for self-prosecution cases is more flexible than that for public prosecution cases. Making a good estimate of the cycle and avoiding repeated supplementation of materials are key to shortening the process.

Q5: How exactly do I file a private lawsuit for the crime of refusing to execute a judgment, and what is the process?

The process consists of six steps: 1. Secure evidence and investigate all clues related to the debtor's property and refusal to comply with the judgment. 2. Submit a complaint to the public security organ or the people's procuratorate and ensure obtaining a written receipt. 3. Obtain proof materials such as a "no-prosecution notice" or a decision to not prosecute. 4. Draft a private lawsuit and attach an evidence list, then submit it to a court with jurisdiction (usually the executing court or the court in the defendant's residence). 5. The court will review the case within 15 days and, once accepted, the plaintiff will participate in the litigation. Any insufficient evidence should be supplemented promptly. 6. Proceed with the private lawsuit and civil enforcement in parallel. After recovering the funds, decide whether to continue pursuing further legal action based on the circumstances. Throughout the entire process, it is recommended to hire a lawyer to review the evidence and ensure compliance with legal procedures.

The above content is based on the 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 about 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, 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 a dispute arises, please consult a practicing lawyer in time.