Whoever commits any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or a fine:
(1) The person subject to execution conceals, transfers, or intentionally damages property or gratuitously or obviously illegally Transferring property at a reasonable and low price, rendering judgments and rulings unenforceable;
(2) The guarantor or the person subject to execution conceals, transfers, intentionally damages or transfers property that has provided guarantee to the people's court, rendering judgments, rulings or judgments unenforceable; The ruling cannot be executed;
(3) The person with the obligation to assist in execution refuses to assist in execution after receiving the notice from the people's court to assist in execution, resulting in the judgment or ruling being unable to be executed;
(4) ) The person subject to execution, the guarantor or the obligor assisting the execution colludes with the staff of the state agency and uses the power of the staff of the state agency to obstruct execution, rendering the judgment or ruling unenforceable;
(5) Ability to execute and other serious circumstances in which the execution is refused.
Extended data:
On August 3, Xu Helin, Secretary of the Party Leadership Group and President of the People’s Court of Wugang City, Henan Province, heard a case of refusing to execute. Although the person subject to execution, Su, was capable, he refused to execute the legally effective judgment, and the circumstances were serious. The Wugang Municipal People's Court sentenced Su to one year and six months in prison for refusing to execute.
Su, the person subject to execution, borrowed 660,000 yuan from Zhang, the person applying for execution, on the grounds of doing business. The two parties agreed verbally that there would be no IOUs, and Su's business was opened afterwards, but there was no mention of the loan. After repeated urging, Su filed a lawsuit with the Wugang Municipal People's Court. The court ruled that the facts of the contract dispute were sufficient and Su should repay the entire amount owed.
The ruling shall be performed within fifteen days after the judgment takes effect. Who knew that after the verdict came into effect, there would be no news about Su. Zhang had no choice but to apply to the court for execution.
This case was filed for execution in 2016. The execution staff mailed a summons and property order to Su, but Su failed to truthfully declare his property. The balance of his personal bank account is several thousand yuan, and Su has income from business every month, which does not mean that he has no property to enforce. In the end, the Wugang Municipal People's Court sentenced Su to one year and six months in prison.
This case is a typical refusal to implement. After the judgment came into effect, Su refused to perform and did not truthfully declare his personal property. The circumstances are serious and meet the constituent elements of the crime of refusing to execute the judgment. Su should be held criminally responsible in accordance with the law.
Reference materials:
Baidu Encyclopedia-Refuse to Crime