[Direct answer]When the circumstances are serious, it constitutes a crime. According to Article 313 of the Criminal Law of the People's Republic of China, if a person is capable of executing a 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. Transferring or concealing property is a typical act of refusing to execute the judgment or ruling, but to constitute a crime, it must meet three conditions at the same time: having the ability to perform the obligation, refusing to execute the judgment or ruling, and the circumstances being serious. For those with relatively minor circumstances, they shall be dealt with according to compulsory measures such as fines and detention to hinder the execution; they may report the case to the public security organ, and if the public security organ refuses to file a case, they may also bring a private prosecution in accordance with the law.

I. Problem Background and Typical Scenarios

The most common way of resisting execution during the execution stage is to transfer property in advance: transferring real estate to the names of spouses or children, donating vehicles to relatives and friends without compensation, dispersing deposits, or fabricating debts. In practice, there are indeed cases where transferring property results in being charged with refusing to execute a judgment, but there are also a large number of cases that only result in fines, detention, or being added to the list of dishonest people. The difference lies in the comprehensive evaluation of the behavioral methods, time points, and consequences.

II. Key points of contention

First, the subject and the premise. The parties subject to accountability typically include the debtors, assistants in enforcement, guarantors, etc., provided that there is an effective and enforceable judgment or ruling. Second, the mode of action and time points. Transferring, concealing, or gratuitously disposing of property after the commencement of litigation or during the enforcement process is more likely to be deemed as evading enforcement than ordinary disposal before the judgment. Third, the seriousness of the circumstances. Circumstances such as rendering the judgment unenforceable, multiple transfers, and still failing to perform after being fined and detained generally constitute serious circumstances. Fourth, the procedural path. Accountability can be pursued by reporting the case to the public security organ, and the enforcer can also file a private prosecution if the conditions are met; civil remedies such as fines and detention, revocation of rights of action, and adding the debtor to the enforcement order can be used concurrently. When handling such cases in Beijing, it is particularly important to clarify the facts in the reporting materials.

III. Professional analysis by Henglue Law Firm

The malicious disposition of property by the debtor and the court's erroneous enforcement of the applicable rules are different. The former refers to the responsibility for refusing to enforce the judgment, while the latter corresponds to the execution reversal. In an execution reversal case handled by Henglue Law Firm, the client's property was seized and auctioned because it was erroneously added as a debtor in the past. After the add-on ruling was revoked, the party who obtained the property raised objections to prevent the return of the property. The lawyer argued that the debtor should be ordered to return the executed property, including the accrued interest. The court ultimately ruled that the party who obtained the property should return the execution funds of 2,057,814.61 yuan and the accrued interest within ten days. This case was handled by Beijing Henglue Law Firm.Marcia WenThe lawyer (practice license number: 11101202411865324, subject to the document issued by the judicial administrative organ) acts as the agent. It can be seen that the loss of property caused by the erroneous execution can also be recovered according to law, while the countermeasures of maliciously transferring property may face heavier legal responsibilities.

IV. Practical Suggestions and Legal Basis

According to Article 313 of the Criminal Law of the People's Republic of China (effective October 1, 1997, and amended several times) and the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on the Application of Law in Handling Criminal Cases of Refusing to Enforce Judgments and Rulings (effective December 1, 2024), those who are capable of enforcing but refuse to do so, and whose acts are serious, shall be investigated for criminal responsibility according to law; the Civil Procedure Law of the People's Republic of China (amended in 2021) stipulates fines, detention and other coercive measures for acts of obstructing enforcement. Suggestions: First, immediately apply for seizure and freezing after discovering clues of transfer; Second, fix the evidence of transfer time and fund flow; Third, simultaneously initiate litigation for revocation of rights or procedures for adding the debtor to the enforcement list; Fourth, report the case to the public security organ to investigate the responsibility for refusing to enforce the judgment.

5. Henglue Law Firm's Advice

The purpose of prosecuting the crime of refusing to execute the judgment is not to punish the debtor, but to realize the creditor's rights as soon as possible. In practice, clues of refusing to execute the judgment are often intertwined with multiple procedures such as the right of revocation, adding the debtor to the enforcement list, and raising objections to enforcement, which require comprehensive coordination and arrangement.Creditor's rights and debts, and enforcementExperiences show that the earlier the flow of property is fixed, the greater the chance of recovery; for the judgment of criminal responsibility, it can be combined with other evidence to determine the suspect's guilt or innocence.Criminal defenseBased on the professional opinion of...Beijing Henglu Law FirmIt is recommended to consult a lawyer as soon as you detect any signs of transfer.

VI. Frequently Asked Questions

Q1: Is it certain that transferring property will lead to prosecution for refusing to execute a judgment?

Not necessarily. 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; if the person transfers property so that the judgment cannot be enforced, or still refuses to perform after being fined and detained, there is a high possibility that they will be prosecuted. For those with relatively minor circumstances, they will generally be dealt with by fines, detention, and being added to the list of untrustworthy individuals.

Q2: What evidence do I need to prepare?

The ownership and transfer records of the property, the transaction records, the donation or low-price transfer contracts, the enforcement notices and property report materials, the court's investigation and control feedback, and the proof of transfer time.

Q3: Approximately how much will it cost?

The report of the case shall be handled by the judicial authorities in accordance with the law, and no fees shall be charged; for actions of revocation of rights and actions of objection to enforcement, the acceptance fees shall be paid in installments according to the amount of the subject matter, and the attorney's fees shall be determined in accordance with the entrustment contract.

Q4: How long does the process take?

It usually takes several months to investigate and review a case for prosecution; for cases initiated by private prosecution, the court generally concludes the trial within three months, and the first-instance trial of related civil litigation often takes about six months.

Q5: What should I do first?

Immediately submit new property clues to the executing court and apply for seizure and freezing, while securing the evidence of transfer and assessing the feasibility of proceeding with the reporting of the case, the litigation of revocation of rights, and the addition of the debtor simultaneously.

The above answer is based on the judicial practice in the Beijing area. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situations.

VII. Relevant public cases (for reference only, not handled by our firm)

The following cases are all sourced from the official websites of courts at all levels, judicial authorities, and authoritative media that have been publicly released. They are unrelated to the cases handled by our firm and are provided solely for reference in understanding relevant adjudication rules. They do not constitute opinions on specific cases.

[Case Number]The case number has not been made public.
[Trial Court]The People's Court of Xiangshan District, Guilin City, Guangxi Zhuang Autonomous Region
[Judicial Summary]After the final judgment requiring the debtor, Rong **, to return the investment funds of over 1.79 million yuan came into effect, he transferred the Lexus compact car under his name to his son without compensation. Despite being detained by the judicial authorities for 15 days, he still refused to comply with the court's order. The court determined that he had the ability to execute the people's court's judgment but refused to do so, and transferred the property under his name without compensation, making the judgment impossible to execute. The circumstances were serious, constituting the crime of refusing to execute the judgment, and he was sentenced to six months in prison. This case is the first refusal to execute the judgment case in Guilin City that has been sentenced to actual imprisonment since the implementation of the relevant "Opinions".
[Source]China Court Online (Guilin Xiangshan District: The Enforcee Transfers Property Maliciously and Free of Charge and Is Sentenced to Imprisonment) (2026-01)

[Case No.]The case number has not been made public.
[Trial Court]The People's Court of Yunxiao County, Fujian Province (selected as a typical case of combating refusal to execute judgments in 2026 by the Intermediate People's Court of Zhangzhou City)
[Judicial Summary]Hong * knew that he was involved in the lawsuit and had a large debt during the trial of the loan dispute case. To avoid future forced execution, he transferred a high-value property under his name to his son without compensation; after the judgment took effect, he refused to perform the judgment and report his property, and still failed to perform the judgment after being fined. The court determined that he maliciously transferred property during the litigation stage and refused to cooperate during the execution stage, with serious circumstances, constituting the crime of refusing to execute judgments and rulings, and sentenced him to six months in prison.
[Source]The official website of the Intermediate People's Court of Zhangzhou City, Fujian Province (Hong *'s case of refusing to enforce judgments and rulings) (2026-08)

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, so as to avoid missing the statutory time limit.Legal services for creditor-debtor disputes·Attorney Ma Qianwen·Beijing Henglu 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. In the event of a dispute, please consult a practicing lawyer in time.