Today, the Supreme People's Court and the Supreme People's Procuratorate jointly issued the "Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Refusal to Execute Judgments and Orders" (Interpretation [2024] No. 13, hereinafter referred to as the "Interpretation"), which will come into effect on December 1, 2024.

  The Interpretation consists of sixteen articles, mainly including the following:

One is to clarify the situation of "having the ability to execute but refusing to execute, with serious circumstances". On the basis of the Interpretation of the Standing Committee of the National People's Congress on Article 313 of the Criminal Law of the People's Republic of China, the Interpretation further enumerates ten cases of "refusing to execute when able, and the circumstances are serious", mainly including malicious and gratuitous disposal of property rights and interests by giving up creditor's rights, giving up creditor's rights guarantee, or maliciously extending the time limit for the performance of due creditor's rights, or disposing of property rights and interests by false reconciliation, false transfer, resulting in the unenforceability of judgments and rulings; The act of maliciously reducing the liability of property, such as acquiring the property of others at an obviously unreasonable high price or providing guarantees for the debts of others, resulting in the inability to enforce judgments and rulings; Refusing to fulfill the obligation of assisting in the exercise of personal rights and interests after taking compulsory measures such as fines and detention, resulting in the inability to enforce judgments and rulings, and the circumstances are severe; Obstructing the execution personnel from entering the execution site through intimidation, verbal abuse, crowd disturbance, threats, etc., resulting in the inability to carry out the execution work, and the circumstances are heinous; wait.

The second is to clarify the situation where the circumstances are particularly serious. The Interpretation stipulates five situations where a person who has the obligation to execute has the ability to execute but refuses to execute, and the circumstances are particularly serious, mainly including obstructing execution through false litigation, false arbitration, false notarization and other means, resulting in the inability to execute judgments and rulings; Gathering crowds to attack the execution site, causing the execution work to be unable to proceed; Using violent methods such as siege, detention, and beating to physically attack the executing personnel, resulting in the inability to carry out the execution work; Refusing to execute, resulting in the applicant committing suicide, self harm, or causing other serious consequences; And other situations with particularly serious circumstances.

Thirdly, if property is concealed or transferred before the judgment or ruling takes effect, it may constitute the crime of refusing to execute the judgment or ruling. According to the Interpretation, if a person commits acts such as hiding or transferring property in order to evade enforcement obligations after the start of litigation or before the judgment takes effect, and it is verified to be true after the judgment or ruling takes effect that they are required to execute but refuse to execute, it can be determined that they have the ability to execute but refuse to execute. If the circumstances are serious, they will be held criminally responsible for the crime of refusing to execute the judgment or ruling.

The fourth is to clarify that outsiders who help conceal or transfer property can be held criminally responsible for joint crimes. According to the Interpretation, if a third party knowingly refuses to execute a judgment or ruling of a people's court despite knowing that the person with the obligation to execute has the ability to do so, and colludes with them to assist in hiding or transferring property, resulting in the inability to execute the judgment or ruling, they shall be punished as accomplices of the crime of refusing to execute the judgment or ruling.

The fifth is to clarify the aggravating and mitigating circumstances. Regarding aggravating circumstances, the "Interpretation" stipulates that if a person refuses to comply with a judgment or ruling on the payment of alimony, child support, child support, pension, medical expenses, labor remuneration, etc., which constitutes a crime, they shall be punished severely in accordance with the law. Regarding mitigating circumstances, the "Interpretation" stipulates that before initiating a public prosecution, if all or part of the execution obligations are fulfilled and the criminal circumstances are minor, prosecution may not be carried out in accordance with the law; Those who fulfill all or part of their execution obligations before the first instance judgment is announced, and whose criminal circumstances are minor, may be given a lighter or exempted punishment in accordance with the law.

Sixth, clarify the procedures for recovering stolen goods and damages. According to the Interpretation, when a defendant is prosecuted for refusing to execute a judgment or ruling, any property illegally disposed of by intentionally damaging, disposing of without compensation, disposing of at an obviously unreasonable price, or falsely transferring it shall be recovered or ordered to be returned for compensation in accordance with the law, and shall be handed over to the executing court for disposal in accordance with the law. The People's Procuratorate shall review the involved property based on the investigation and transfer situation, and provide clear handling opinions on the involved property when initiating public prosecution. The people's court shall make a judgment in accordance with the law and handle the property involved in the case.

Next, the Supreme People's Court and the Supreme People's Procuratorate will strengthen guidance, strictly implement relevant provisions of laws and judicial interpretations, accurately grasp the requirements for handling cases, crack down on crimes of refusing to execute judgments and rulings in accordance with the law, and safeguard the vital interests of the people.

The Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Refusal to Execute Judgments and Orders was passed at the 1911st meeting of the Judicial Committee of the Supreme People's Court on January 8, 2024, and the 34th meeting of the 14th Procuratorial Committee of the Supreme People's Procuratorate on July 23, 2024. It is hereby promulgated and shall come into effect on December 1, 2024.

The Supreme People's Court and the Supreme People's Procuratorate

October 30th, 2024

Fa Shi [2024] No. 13

Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Refusal to Execute Judgments and Orders

(Passed at the 1911st meeting of the Judicial Committee of the Supreme People's Court on January 8, 2024, and the 34th meeting of the 14th Procuratorial Committee of the Supreme People's Procuratorate on July 23, 2024, effective from December 1, 2024)

In order to punish the crime of refusing to execute judgments and rulings in accordance with the law, ensure that the judgments and rulings of the people's courts are executed in accordance with the law, and effectively safeguard the legitimate rights and interests of the parties, in accordance with the provisions of the Criminal Law of the People's Republic of China, the Criminal Procedure Law of the People's Republic of China, the Civil Procedure Law of the People's Republic of China, the Administrative Procedure Law of the People's Republic of China and other laws and regulations, the following interpretations are given on the application of law in handling criminal cases of refusing to execute judgments and rulings:

Article 1: If the person subject to execution, the person assisting in the execution obligation, the guarantor, or other persons who have the obligation to execute the judgment or ruling of the people's court have the ability to execute it but refuse to execute it, and the circumstances are serious, they shall be punished for the crime of refusing to execute the judgment or ruling in accordance with Article 313 of the Criminal Law.

The persons who have the obligation to perform as referred to in this interpretation include natural persons and units.

Article 2: The term "judgment or ruling of a people's court" as stipulated in Article 313 of the Criminal Law refers to a judgment or ruling made by a people's court in accordance with the law that has enforceable content and has already taken legal effect. The rulings made by the people's court for the lawful execution of payment orders, effective mediation agreements, arbitration awards, notarized debt documents, etc. belong to the rulings stipulated in this article.

Article 3 The refusal of a person who has the obligation of execution to execute when he has the ability to do so, and has one of the following circumstances, shall be recognized as "other serious circumstances of refusing to execute when he has the ability to do so" as stipulated in the interpretation of Article 313 of the Criminal Law by the Standing Committee of the National People's Congress:

（1） Maliciously disposing of property rights and interests without compensation by waiving creditor's rights, waiving creditor's rights guarantees, or maliciously extending the performance period of matured creditor's rights, or disposing of property rights and interests by false settlements, false transfers, etc., resulting in the inability to enforce judgments or rulings;

（2） The act of maliciously reducing the liability of property, such as acquiring the property of others at an obviously unreasonable high price or providing guarantees for the debts of others, resulting in the inability to enforce judgments and rulings;

（3） Falsifying, destroying, or concealing important evidence related to the ability to perform, using violence, threats, or bribery methods to prevent others from testifying, or instructing, bribing, or coercing others to give false testimony, obstructing the people's court from investigating the property situation of those who are obligated to execute, resulting in the inability to execute judgments or rulings;

（4） Refusing to report or falsely reporting property information, violating the people's court's consumption restriction order, and refusing to execute, and still refusing to execute after taking compulsory measures such as fines and detention;

（5） Refusing to deliver the property, tickets or certificates specified in the legal document after taking compulsory measures such as fines and detention, or refusing to move out of the house or land, resulting in the inability to enforce the judgment or ruling;

（6） Refusing to fulfill the obligation of assisting in the exercise of personal rights and interests after taking compulsory measures such as fines and detention, resulting in the inability to enforce judgments and rulings, and the circumstances are severe;

（7） After taking compulsory measures such as fines and detention, the victim still violates the obligation of personal safety protection order, prohibition of engaging in relevant professional decisions, etc., causing minor injuries or serious impacts on the victim's normal work and life;

（8） Obstructing the execution personnel from entering the execution site through intimidation, verbal abuse, group commotion, threats, or other negative resistance behaviors such as pulling and pushing, resulting in the inability to carry out the execution work, and the circumstances are heinous;

（9） Damaging or seizing execution case materials, execution vehicles and other execution equipment, execution personnel clothing, and execution documents, resulting in the inability to carry out execution work;

（10） Other situations where one has the ability to execute but refuses to execute, and the circumstances are serious.

Article 4: If a person who has the obligation to execute has the ability to execute but refuses to execute, and falls under any of the following circumstances, it shall be deemed as a situation of "particularly serious circumstances":

（1） Obstructing enforcement through false litigation, false arbitration, false notarization, etc., resulting in the inability to enforce judgments and rulings;

（2） Gathering crowds to attack the execution site, causing the execution work to be unable to proceed;

（3） Using violent methods such as siege, detention, and beating to physically attack the executing personnel, resulting in the inability to carry out the execution work;

（4） Refusing to execute, resulting in the applicant committing suicide, self harm, or causing other serious consequences;

（5） Other particularly serious circumstances.

Article 5: Ability to execute refers to the ability of the person who has the obligation to execute to fully or partially execute the obligation to pay property or perform specific behavioral obligations.

When determining the execution ability of the person with execution obligations, the necessary living expenses of the person with execution obligations and their dependents should be deducted.

Article 6: If a person, in order to evade the obligation of execution, conceals or transfers property after the start of the litigation or before the judgment takes effect, and it is verified to be true after the judgment or ruling takes effect that they are required to execute but refuse to execute, it may be determined that they have the ability to execute but refuse to execute. If the circumstances are serious, criminal responsibility shall be pursued for the crime of refusing to execute the judgment or ruling.

After the commencement of the litigation referred to in the preceding paragraph, it generally refers to the defendant receiving the notice of response from the people's court.

Article 7 The interpretation of the Standing Committee of the National People's Congress on Article 313 of the Criminal Law and the provision in this interpretation that "making judgments and orders unenforceable" generally refer to situations where the people's courts still fail to enforce after taking enforcement measures in accordance with laws and relevant provisions, including the inability to enforce all judgments and orders, as well as partial unenforceability.

Article 8: If a third party knowingly refuses to execute a judgment or ruling of a people's court despite knowing that the person obligated to execute has the ability to do so, and colludes with them to assist in hiding or transferring property, resulting in the inability to execute the judgment or ruling, they shall be punished as accomplices of the crime of refusing to execute the judgment or ruling.

Article 9: If a person who has the obligation to execute has the ability to execute but refuses to execute a judgment or ruling of a people's court, and at the same time constitutes the crime of refusing to execute a judgment or ruling, the crime of obstructing official duties, the crime of assaulting a police officer, or the crime of illegally disposing of sealed, seized, or frozen property, they shall be convicted and punished in accordance with the provisions of heavier punishment.

Article 10: If a person refuses to comply with a judgment or ruling on the payment of alimony, support, child support, pension, medical expenses, labor remuneration, etc., which constitutes a crime, they shall be punished severely in accordance with the law.

Article 11: Refusal to execute judgments or rulings as stipulated in Article 313 of the Criminal Law, if the circumstances are significant, minor, and the harm is not significant, shall not be considered a crime; Before initiating a public prosecution, if the offender fulfills all or part of the execution obligations and the circumstances of the crime are minor, they may not be prosecuted according to law. Those who fulfill all or part of their execution obligations before the first instance judgment is announced, and whose criminal circumstances are minor, may be given a lighter or exempted punishment in accordance with the law.

Article 12: When a defendant is prosecuted for refusing to execute a judgment or ruling, any property illegally disposed of by intentionally damaging, disposing of without compensation, disposing of at an obviously unreasonable price, or falsely transferring shall be recovered or ordered to be returned for compensation in accordance with the law, and shall be handed over to the executing court for disposal in accordance with the law.

Article 13: The People's Procuratorate shall review the property involved in the case based on the investigation and transfer situation, and provide clear handling opinions on the property involved when initiating public prosecution. The people's court shall make a judgment in accordance with the law and handle the property involved in the case.

Article 14: If the applicant for enforcement has evidence to prove that they have both of the following circumstances, and the people's court considers them to comply with the provisions of Article 210 (3) of the Criminal Procedure Law, a private prosecution case shall be filed for trial:

（1） If a person who has the obligation to execute refuses to execute a judgment or ruling, which violates the personal and property rights of the applicant for execution, they shall be held criminally responsible in accordance with the law;

（2） If the applicant for execution has filed a complaint, but the public security organs or people's procuratorates do not hold the person responsible for the execution accountable for criminal responsibility.

Before the judgment is announced, the private prosecutor may reconcile with the defendant or withdraw the private prosecution on their own.

Article 15: Criminal cases involving refusal to execute judgments or rulings are generally under the jurisdiction of the people's court where the executing court is located.

Article 16: This interpretation shall come into effect on December 1, 2024. The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Criminal Cases Involving Refusal to Execute Judgments and Orders (Interpretation [2015] No. 16) is simultaneously abolished. If the judicial interpretations and normative documents previously issued by the Supreme People's Court and the Supreme People's Procuratorate are inconsistent with this interpretation, this interpretation shall prevail.