As the saying goes, it is natural to repay debts, and some people have the ability to repay but try their best to refrain from paying, and refuse to perform after the court judgment, and transfer their property during the enforcement stage. Recently, the Criminal Investigation Brigade of the Panshan County Public Security Bureau cracked a case of refusal to execute a judgment or ruling, effectively safeguarding the authority of the judiciary.
On December 27, 2023, the Criminal Investigation Brigade of the Panshan County Public Security Bureau received clues about the case transferred by the Panshan County People's Court: During the enforcement process of the Panshan County People's Court, Li, as the legal person of the company subject to enforcement, failed to perform the obligations determined by the court's legal documents, and was suspected of constituting the crime of refusing to execute the judgment and ruling.
After receiving the transfer of the case from the Panshan County People's Court, the Criminal Investigation Brigade of the Panshan County Public Security Bureau immediately filed the case for investigation, and after investigation: Li's company transferred the relevant funds under the bank account during the execution period to evade the court's enforcement work. At about 12 o'clock on February 22, 2024, the police handling the case successfully arrested the criminal suspect Li in a community in Gaosheng Town.
After interrogation, the criminal suspect Li confessed to the facts of his crime. At present, criminal suspect Li has been taken criminal compulsory measures in accordance with the law, and the case is under further investigation.
Legal Links
Article 313 of the Criminal Law of the People's Republic of China: Where a people's court has the ability to enforce a judgment or ruling but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention or a fine is to be given; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.
Article 1 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Refusal to Enforce Judgments or Rulings: Where persons subject to enforcement, persons with an obligation to assist in enforcement, guarantors, or other persons with enforcement obligations have the ability to enforce a people's court's judgment or ruling but refuse to do so, and the circumstances are serious, they shall be punished as the crime of refusing to enforce the judgment or ruling in accordance with the provisions of Criminal Law article 313. Article 2: Where a person with an obligation to enforce has the ability to enforce but commits any of the following conduct, it shall be found to be "other circumstances where there is a capacity to enforce but refusal to do so, and the circumstances are serious", as provided for in the Standing Committee of the National People's Congress's interpretation of Criminal Law article 313:
1) Refusal to report or falsely report the circumstances of assets, violation of the people's court's orders restricting high spending and related spending, and refusing to enforce it even after employing compulsory measures such as fines or detention;
2) Fabricating or destroying important evidence related to the person subject to enforcement's ability to perform, using violence, threats, or bribery to prevent others from testifying, or instigating, bribing, or coercing others to give false testimony, obstructing the people's court's ascertainment of the judgment or ruling's assets, making it impossible to enforce the judgment or ruling;
3) Refusal to hand over property or tickets specified in legal documents, or refusal to move out of the house or land, making it impossible to enforce the judgment or ruling;
4) Colluding with others to obstruct enforcement through methods such as sham litigation, sham arbitration, or sham settlement, making it impossible to enforce judgments or rulings;
5) Using violence or threats to obstruct enforcement personnel from entering the enforcement site, or assembling crowds to make noise or storm the enforcement site, making enforcement work impossible;
6) Insulting, besieging, seizing, or beating enforcement personnel, making it impossible to carry out enforcement work;
7) Destroying or snatching enforcement case materials, enforcement vehicles and other enforcement equipment, enforcement personnel's clothing, and enforcement documents, making enforcement work impossible;
8) Refusal to enforce a court judgment or ruling, causing the creditor to suffer major losses.
**Tips
It is the legal obligation of every citizen to take the initiative to fulfill the obligations set forth in effective legal documents. Attempting to refuse to enforce an effective judgment through methods such as "hiding and fleeing" is a blatant provocation to the authority of the judiciary and the bottom line of the law.