Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine:
(1) The person subjected to execution conceals, transfers, intentionally damages the property or transfers the property at a low price without compensation, which obviously makes the judgment or ruling unenforceable;
(2) The guarantor or the person subjected to execution conceals, transfers, intentionally damages or transfers the property that has provided a guarantee to the people's court, so that the judgment or ruling cannot be executed;
(3) The obligor for assisting in execution refuses to assist in execution after receiving the notice from the people's court for assisting in execution, which makes the judgment or ruling unenforceable;
(4) The person subjected to execution, the guarantor or the obligor assisting in execution colluded with the functionaries of state organs to obstruct the execution by taking advantage of their functions and powers, so that the judgment or ruling could not be executed;
(five) other circumstances in which the ability to execute is refused, and the circumstances are serious.
Extended data:
On August 3rd, Xu Helin, Party Secretary and President of wugang city People's Court, tried a case of refusing to execute. Although Su Mou, the person subjected to execution, has the ability, he refuses to execute the legally effective judgment, and the circumstances are serious. Wugang City People's Court sentenced Su to one year and six months in prison for refusing to execute.
The executor Su Mou borrowed 660,000 yuan from the application executor Zhang on the grounds of doing business. The two sides verbally agreed that there was no debt, and Su's business was opened afterwards, but there was no mention of the loan. After repeated urging, Su filed a lawsuit with Wugang People's Court. The court ruled that the facts of the contract dispute were sufficient and Sue should pay all the debts.
The ruling shall be fulfilled within fifteen days after the judgment takes effect. Who knows, after the judgment came into effect, Sue had no news. In desperation, Zhang applied to the court for enforcement.
The case was put on file for execution on 20 16, and the executors mailed a summons and a property order to Sue, but Sue failed to declare the property truthfully. The balance of personal bank account is several thousand yuan, and Sue has income from business every month, which does not mean that she has no property to execute. In the end, the Wugang People's Court sentenced Su to one year and six months in prison.
This case is a typical refusal to execute. Sue refused to perform after the judgment came into effect and failed to declare her personal property truthfully. If the circumstances are serious, it meets the constitutive requirements of the crime of refusing to execute the judgment. Sue should be investigated for criminal responsibility according to law.
References:
Baidu encyclopedia-refuse to commit a crime