The "Two Highs" have issued the "Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Refusal to Execute Judgments and Rulings."
On November 18,2024, the Supreme Peoples Court and the Supreme Peoples Procuratorate jointly issued the Interpretation on Several Issues Concerning the Application of the Law in Handling Criminal Cases of refusal to execute a Judgment or Order (No.13,2024, hereinafter referred to as the Interpretation), which will come into force on December 1,2024.
"Explanation" earnestly implement the new era xi the ideas of socialism with Chinese characteristics, adhere to the people as the center, adhere to the principle of blame punishment, adhere to the practice demand, problem oriented, to crack down on the people reflect strongly refused to perform crime, protect the legitimate rights and interests of the parties, safeguard the judicial authority and judicial. There are 16 interpretations, mainly including the following contents:
First, it is clear that "if you have the ability to execute but refuse to execute, serious circumstances". On the basis of the Interpretation of the Standing Committee of the NPC on Article 313 of the Criminal Law of the Peoples Republic of China, The Interpretation further lists ten " ability to execute and refuse to execute, Serious " circumstances, It mainly includes the malicious disposal of property rights and interests by means of waiving creditors rights and creditors rights guarantee, Or maliciously extend the time limit for the performance of the claims due, Or to dispose of the property rights and interests by means of false reconciliation or false transfer, Making the judgment or order impossible; Receiving the property of others at an obviously unreasonable high price, providing security for the debts of others, Making the judgment or order impossible; After still refusing to perform the obligations of assisting in exercising personal rights and interests after taking compulsory measures such as fines and detention, Causing the judgment or ruling unfeasible, If the circumstances are bad; To intimidation, abuse, crowd gathering, threats and other methods to hinder the execution of the personnel into the execution site, Making the execution work impossible, If the circumstances are bad; wait a minute.
The second is to make it clear that "the circumstances are particularly serious" situation. The Interpretation specifies five persons with the ability to execute the execution, but "especially serious circumstances", including the false litigation, false arbitration, false notarization of the execution; suicide, self-harm or other serious consequences; and other particularly serious circumstances.
Third, it is clear that the property is hidden or transferred before the judgment or order takes effective may constitute the crime of refusing to execute the judgment or order."Interpretation" regulation, the actor to avoid execution obligations, before the start of the lawsuit, the referee hidden, transfer property, after the judgment or ruling is verified, requires its execution and refused to execute, can recognize its ability to execute and refused to execute, if the circumstances are serious, to refuse to execute the judgment or written order shall be investigated for criminal responsibility.
Fourth, it is clear that outsiders who help to hide and transfer property can be investigated for criminal responsibility for joint crimes. The Interpretation stipulates that an outsider who knows that the person with the obligation of execution refuses to carry out the judgment or order of the peoples court has the ability to execute, and assists in the act of hiding or transferring property, thus making the judgment or order unable to execute, shall be punished as an accomplice of the crime of refusing to execute the judgment or order.
Fifth, the clear from the heavy, from the light plot. As for heavier circumstances, the Interpretation stipulates that those who refuse to carry out the judgments or orders such as alimony, maintenance, maintenance, pension, medical expenses, and labor remuneration, which constitute a crime, shall be given a heavier punishment according to law. As for the minor circumstances, the Interpretation stipulates that if the circumstances of the crime are performed in whole or in part before the public prosecution, and the circumstances of the crime are minor, if the circumstances of the crime are minor, it may be given a minor punishment or exempted from punishment according to law.
Sixth, clear asset recovery procedures. The Interpretation stipulates that, when the defendant is prosecuted for the crime of refusing to execute the judgment or ruling, the property intentionally damaged, free punishment, disposal at obviously unreasonable price, false transfer shall be recovered or ordered to return or compensate according to law, and handed over to the executing court to deal with according to law. The peoples procuratorate shall examine the handling of the property involved in the case based on the investigation and transfer, and put forward clear opinions on the handling of the property involved in the case when initiating the public prosecution. The peoples court shall make a judgment in accordance with the law and dispose of the property involved.
Going forward, the Supreme Peoples Court and the Supreme Peoples Procuratorate will strengthen their guidance, strictly implement relevant provisions on laws and judicial interpretations, accurately grasp the requirements for handling cases, crack down on crimes of refusing to execute judgments or rulings in accordance with the law, and protect the vital interests of the people.
The Supreme Peoples Court, the Supreme Peoples Procuratorate on refusing to execute the judgment or written order criminal cases explain some issues of applicable law has been on January 8,2024 by the Supreme Peoples Court trial committee 1911th meeting, July 23,2024 by the 14th session of the Supreme Peoples Procuratorate 34 meeting, is hereby announced, effective as of December 1,2024.
The Supreme Peoples Court and the Supreme Peoples Procuratorate
On October 30,2024
No.13,2024
Interpretation of the Supreme Peoples Court and the Supreme Peoples Procuratorate on several issues concerning the application of the law in handling criminal cases involving refusal to execute judgments or rulings
(Adopted at the 1911th Meeting of the Judicial Committee of the Supreme Peoples Court on January 8,2024 and the 34th meeting of the 14th Procuratorial Committee of the Supreme Peoples Procuratorate on July 23,2024, and shall come into force as of December 1,2024)
To punish refused to execute the judgment or written order in accordance with the law, to ensure that the peoples court judgment or written order in accordance with the law, to safeguard the legitimate rights and interests of the parties, according to the criminal law of the criminal law of the Peoples Republic of China, the law of the Peoples Republic of China criminal procedure law of the Peoples Republic of China civil procedure law of the administrative procedure law of the Peoples Republic of China and other laws, is refused to execute the judgment or written order criminal cases applicable law issues explain as follows:
Article 1 Where the person subjected to execution, the obligor assisting in execution, the guarantor or other persons liable to execute the judgment or order made by the peoples court but refuses to execute, if the circumstances are serious, he shall be punished for the crime of refusing to execute the judgment or order in accordance with the provisions of Article 313 of the Criminal Law.
Persons obligations obligations in this interpretation, including natural persons and units.
Article 2 "The judgment or order of the Peoples Court" as stipulated in Article 313 of the Criminal Law refers to the judgment or order made by the peoples court according to law and already legally effective. The rulings made by the peoples court for the execution of the payment order, the effective conciliation statement, the arbitration award, the notarized creditors right document, etc. shall belong to the provisions of this article.
Article 3 The person with the ability to execute and refuses to execute, and any of the following circumstances shall be deemed as "other serious circumstances stipulated in the provisions of the interpretation of the Criminal Law of the Standing Committee of the National Peoples Congress":
(1) maliciously disposing of property rights and interests without compensation by means of waiving creditors right or guarantee of creditors right, or maliciously extending the period for performance of the creditors right due, or disposing of property rights and interests by means of false reconciliation or false transfer, thus making the judgment or ruling impossible;
(2) committing the act of maliciously impairment of the liability of transferring the property of another person at an obviously unreasonable high price or providing security for the debts of another person, thus making the judgment or ruling impossible;
(3) forging, destroying or concealing important evidence concerning the ability to perform, preventing others from testifying by violence, threatening or bribery, instigating, bribery or forcing others to make perjury, and preventing the peoples court from ascertaining the property of the person with the obligation of execution, thus making it impossible to execute the judgment or order;
(4) refusing to execute the acts such as refusing to report or falsely reporting the property, or violating the peoples courts consumption restriction order, and still refusing to execute the act after taking compulsory measures such as fine or detention;
(5) still refusing to deliver the property or tickets specified in the legal documents after taking compulsory measures such as fine or detention, or refusing to move out of the house or quit the land, thus making the judgment or order impossible to execute;
(6) still refusing to perform the obligations of assisting in the exercise of personal rights and interests after taking compulsory measures such as fine or detention, thus making the judgment or order impossible to be executed, and the circumstances are bad;
(7) after taking compulsory measures such as fine or detention, he still violates his obligations such as habeas corpus protection order or prohibiting relevant occupational decisions, causing minor injury or more injury to the victim or seriously affecting the normal work and life of the victim;
(8) obstructing the execution personnel from entering the execution site by means of intimidation, abuse, gathering, threatening, or passive resistance acts such as pulling or pushing, thus making the execution work impossible to be carried out and the circumstances are bad;
(9) damaging or seizing the materials of the execution case, the vehicles and other instruments for official execution, the clothing of the execution personnel and the documents for official execution, making the execution work impossible to be carried out;
(10) Other circumstances under which the competent execution refuses to execute, and the circumstances are serious.
Article 4 The person with the ability to execute but refuses to execute, and under any of the following circumstances shall be deemed to be "particularly serious":
(1) obstructing the execution by means of false litigation, false arbitration or false notarization, thus preventing the execution of the judgment or written order;
(2) gathering people to impact the execution site, making the execution work impossible to be carried out;
(3) making personal attacks on the executor by means of siege, seizure or assault, thus making it impossible to carry out the execution work;
(4) Refusing to execute the execution causing suicide, self-harm or causing other serious consequences;
(5) other circumstances that are particularly serious.
Article 5 The ability to perform means that the person with the execution obligation has the ability to perform all or partially perform the property obligations or to perform the specific behavior obligations.
When determining the execution ability of the person with the execution obligation, the necessary living expenses of the person with the execution obligation and their dependent family members shall be deducted.
Article 6 the actor to escape execution obligations, after the start of the lawsuit, before the hidden, transfer property, after the judgment or ruling is verified, requires its execution and refused to execute, can recognize its ability to execute, if the circumstances are serious, to refuse to execute the judgment or written order shall be crime shall be investigated for criminal responsibility.
After the commencement of the lawsuit referred to in the preceding paragraph, it generally means after the defendant receives the notice from the peoples court to respond to the lawsuit.
Article 7 of the standing committee of the National Peoples Congress on the interpretation of article three hundred and thirteen of the criminal law and stipulated in this interpretation of "the judgment or order cannot execute", generally refers to the peoples court according to the law and relevant provisions after enforcement measures are still unable to execute, including judgment or order cannot execute, also include part cannot be executed.
Article 8 Where an outsider knowingly refuses to execute the judgment or written order of the peoples court when the person has the ability to perform the case, and assists in the execution of the act such as concealing or transferring property, thus making the judgment or written order impossible to be executed, he shall be punished as an accomplice of the crime of refusing to execute the judgment or written order.
Article 9 Where a person with the obligation to execute but refuses to carry out the judgment or the order of the peoples court, and at the same time constitutes the crime of refusing to execute the judgment or the order, the crime of obstructing official duties, attacking the police, or the crime of illegally disposing of sealing up, detaining or frozen property, he shall be convicted and punished in accordance with the provisions of heavier punishment.
Article 10 Anyone who refuses to carry out a judgment or written order on the payment of alimony, maintenance fee, maintenance fee, pension, medical expenses and labor remuneration and, if the case constitutes a crime, shall be given a heavier punishment according to law.
Article 11 The act of refusing to execute a judgment or written order as prescribed in Article 313 of the Criminal Law, whose circumstances are significantly minor and cause little harm, shall not be considered a crime; if the execution obligation is performed in whole or in part before the public prosecution, and if the circumstances of the crime are minor, the case may not be prosecuted according to law. Before the declaration of a judgment in the first instance, if the obligation of execution is performed in whole or in part, and the circumstances of the crime are minor, he may be given a lighter punishment or exempted from punishment according to law.
Article 12 When a defendant is prosecuted for the crime of refusing to execute a judgment or ruling, the property is illegally disposed of by means of obviously unreasonable price disposal or false transfer, which shall be recovered or ordered to return or compensate, and submitted to the executing court for disposal according to law.
Article 13 The Peoples Procuratorate shall examine the property involved in the case in the light of the investigation and transfer, and put forward clear opinions on the handling of the property involved in the case when initiating a public prosecution. The peoples court shall make a judgment in accordance with the law and dispose of the property involved.
Article 14 Where the person applying for execution has evidence to prove that the following circumstances are found, and the peoples court considers that the provisions of Item 3 of Article 210 of the Criminal Procedure Law, the case of private prosecution shall be filed for trial:
(1) the person with the obligation of execution refuses to execute the judgment or written order, which infringes upon the personal and property rights of the person applying for execution, and shall be investigated for criminal responsibility according to law;
(2) the person applying for execution has once filed a complaint, but the public security organ or the peoples procuratorate does not investigate the criminal responsibility of the person who has the obligation of execution.
Before the judgment is pronounced, the private prosecutor may settle with the defendant or withdraw the private prosecution.
Article 15 A criminal case of refusal to execute a judgment or written order shall generally be under the jurisdiction of the peoples court in the place where the execution court is located.
Article 16 This Interpretation shall come into force as of December 1,2024. The Interpretation of the Supreme Peoples Court on Several Issues concerning the Application of the Law in Hearing Criminal Cases of Refusing to execute judgments or rulings (No.16,2015) shall be repealed simultaneously. If the judicial interpretation and normative documents previously issued by the Supreme Peoples Court and the Supreme Peoples Procuratorate are inconsistent with this interpretation, this interpretation shall prevail.
◆ Description: The content of the article is derived from publicly available information on the internet. In case of any infringement, please notify this website immediately for the content to be deleted.
◆ Source of Material: News Bureau of the Supreme People's Court
The "Two Highs" Issue the "Explanations on Several Issues Regarding the Application of Law in Criminal Cases of Refusal to Execute Judgments and Orders"
https://www.court.gov.cn/fabu/xiangqing/447931.html
◆ Image Source: Generated by FanKe.