The crime of refusing to execute a judgment or ruling is a case filed by the public security organ. After accepting the case, it will be transferred to the public security organ. If the public security organ considers it necessary to investigate criminal responsibility, it will file a case for investigation.
Crimes such as illegal detention, extorting confessions by torture, and illegal search. The people's procuratorate may file a case for investigation of illegal acts found by judicial personnel in the process of legal supervision of litigation activities.
Legal basis:
Article 2 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Refusing to Execute Judgments and Ruling Criminal Cases, if the person who has the obligation to execute has the ability to execute one of the following acts, it shall be deemed as "having the ability to execute but refusing to execute, and the circumstances are serious" as stipulated in Article 313 of the Interpretation of Criminal Law of the NPC Standing Committee:
Refusing to report or falsely report property, violating the people's court's order to restrict high consumption and related consumption, and refusing to implement it after taking compulsory measures such as fines and detention;
Forging or destroying important evidence about the performance ability of the person subjected to execution, preventing others from testifying by means of violence, threat or bribery, or instigating, bribing or coercing others to commit perjury, preventing the people's court from finding out the property of the person subjected to execution, thus making it impossible to execute the judgment or ruling;
Refusing to deliver the property or tickets specified in legal documents or to move out of the house or land, which makes the judgment or ruling unenforceable;
Collusion with others, obstructing the execution by means of false litigation, false arbitration, false reconciliation, etc., which makes the judgment or ruling unenforceable;
Using violence or threats to prevent the person subjected to execution from entering the execution site or gathering people to make trouble or impact the execution site, so that the execution work cannot be carried out;
Insulting, besieging, detaining or beating the enforcement personnel, which makes execution impossible;
Damaging or robbing the execution case data, execution vehicles and other execution equipment, execution personnel's clothes, and execution official documents, so that the execution work cannot be carried out;
Refusing to execute the judgment or ruling of the court, causing great losses to creditors.