[Direct answer]In the Beijing area, three sets of evidence are required to file a case: the existence of the obligation - effective judgments, rulings, and materials for accepting enforcement cases; the ability to enforce - clues to the debtor's assets, income records, and high-consumption records; and refusal to enforce and serious circumstances - transfer records of hidden assets, evidence of refusing to accept enforcement notifications, refusal to deliver designated property, violations of the consumption restriction order, and records of violent resistance to enforcement. According to Article 313 of the Criminal Law of the People's Republic of China and the Interpretation of the Supreme People's Court on the Application of Law in the Trials of Criminal Cases of Refusing to Enforce Judgments and Rulings (issued and implemented in 2015), both private prosecution and public prosecution can be pursued. If the public security organ refuses to accept the case, the victim can also file a private prosecution with the court.

1. Problem background and typical scenarios

Winning the lawsuit but losing the enforcement is the greatest pain for creditors: with the judgment in hand, the other party's assets are "untraceable", yet they're flaunting the keys to their new car in WeChat chats. One of the keys to breaking the enforcement deadlock is the criminal pressure for refusing to enforce judgments and rulings—but it's not about filing cases based on emotions; it's about relying on evidence to speak for itself.

II. Key points of dispute

First, the standard of proof for "having the ability to execute". Second, the determination of "serious circumstances". Third, the choice between private prosecution and public prosecution. Fourth, the methods of obtaining and preserving property clues.

III. Professional analysis by Henglue Lawyers

The logic of filing a case for the crime of refusing to execute judgments essentially involves "translating" enforcement clues into evidence to establish the crime. Henglue Lawyer's experience in the fields of enforcement and prosecution can be broken down into three steps. First, establishing the enforcement obligation: effective judgment documents, enforcement case filing notifications, delivery receipts for enforcement notifications, and orders restricting high-consumption behavior—this set of documents proves that the obligation exists legally and has entered the forced enforcement process, serving as the foundation of the entire prosecution. Second, identifying "capacity": the debtor's bank and payment account transactions, real estate and vehicle registration records, equity and operating income, and large-scale consumption records on WeChat and Alipay; in practice, many clues are obtained through applying for court investigation orders, debtor property reporting orders, bounty announcements, and audits—false declarations or refusal to declare under the property reporting order itself constitute evidence of refusing to execute judgments. Third, proving "refusing to execute judgments and the circumstances are serious": the judicial interpretations list circumstances including hiding or transferring property, intentionally damaging property to prevent judgment enforcement, refusing to deliver designated assets, transferring property through fraudulent litigation, obstructing enforcement by violent threats, and violating orders restricting high-consumption behavior—each requires corresponding evidence: transfer records and recipient information, videos of resisting enforcement, records of refusing to answer calls or attend meetings, and proof of violating high-consumption restrictions during travel and accommodation. Once all evidence is gathered, choose the prosecution path: conventional prosecution by public security authorities, who must accept the case but may refuse to do so; self-prosecution also has legal basis—if the applicant has evidence proving that the person subject to enforcement obligation refuses to execute judgments and public security or procuratorial authorities fail to investigate, they can directly file a criminal self-prosecution case with the court where the enforcement court is located. Three practical tips: first, timing—apply for preservation and retain evidence immediately upon detecting signs of property transfer; the property reporting procedure during enforcement must be fully implemented to accumulate procedural flaws for refusing to execute judgments prosecution; second, combination of measures—refusing to execute judgments prosecution is often combined with fines, detention, and inclusion in the trust-breaking list, and criminal pressure often prompts full performance during the investigation stage; third, scope of subjects—outsiders assisting in transferring property and nominal holders may also become prosecution targets. Creditors don't need to treat refusing to execute judgments as a "nuclear weapon" to rely on—it's a conventional weapon in enforcement deadlocks. Early application and sufficient evidence are key to achieving effective results.

IV. Practical suggestions and legal basis

The first step is to continuously collect clues about the other party's assets and evidence of their refusal to perform their obligations during the execution process; the second step is to use property reporting orders, restrictions on high-consumption activities, and inclusion in the list of dishonest individuals to establish procedural records; the third step is to submit complaint materials to the public security organ after the evidence is finalized, and, if necessary, apply for procuratorial supervision; the fourth step is to file a private lawsuit in accordance with the law if the public security organ or the people's procuratorate refuses to prosecute. Main legal basis: Article 313 of the Criminal Law of the People's Republic of China (amended and implemented on December 29, 2023); 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 Arbitral Awards (promulgated and implemented in 2015); the provisions on private prosecution and supervision of case filing in the Criminal Procedure Law of the People's Republic of China (amended and implemented on October 26, 2018); the specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

There are three essential elements for a successful prosecution against refusal to execute a judgment: obligation, capacity, and refusal to perform. Adequate procedural records, including property reporting orders and high-spending orders, serve as strong evidence. If the public security organ refuses to take action, the plaintiff can file a private lawsuit as a backup option, and case filing supervision can provide additional support. Those involved in enforcement deadlocks and prosecutions against refusal to execute judgments can seek assistance through legal channels.Creditor's rights and debts, and enforcementWe provide a comprehensive solution for services, which includes the settlement of contractual debts.Business and contract disputes in enterprisesFor plates involving the preservation of property clues, you can refer to the relevant provisions.Special servicesFor criminal defense-related matters, please feel free to consult us.Criminal defense and criminal case filingTeam.

VI. Frequently Asked Questions

Q1: What is the maximum sentence for the crime of refusing to execute a court order?

For serious cases, the offender shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or a fine; for particularly serious cases, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and be fined; and for crimes committed by units, both the unit and its responsible persons shall be punished accordingly.

Q2: Does transferring the property to a relative's name count as refusing to execute the court order?

It may constitute a hidden transfer of property. Transfers made without compensation or at a significantly low price, or those held by relatives to evade enforcement, are considered hidden transfers of property. The transfer time and consideration should be reviewed, and third parties who assist in such transfers may also be held accountable.

Q3: How much does it cost to file a charge of refusing to execute a court order?

The filing of a lawsuit itself is free of charge. The costs involved are the attorney's fees for evidence collection and document organization. Compared with the amount of the debt to be enforced, the investment is usually manageable. The earlier the evidence is sorted out, the lower the cost will be.

Q4: How long does it take to file a case after a charge is made?

After receiving the case, if the public security organ, after review, believes that there are criminal facts that require criminal responsibility to be investigated, it shall file a case, usually within one week to one month; if the progress is unsatisfactory, it may apply for procuratorial supervision or transfer it to a private prosecution.

Q5: Can I get my money back after a criminal case has been filed?

During the investigation and trial stages, the recovery of illicit gains and compensation often directly prompt the debtors to fulfill all their obligations. In practice, a large number of cases of refusal to perform their obligations are eventually settled with full payment under criminal pressure, which demonstrates the effective coordination between criminal and enforcement procedures.

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 Henglu Law Firm for specific matters.

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