On 18 Nov. 2024, China’s Supreme People’s Court (SPC) and the Supreme People’s Procuratorate (SPP) jointly issued the “Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Refusal to Comply with Judgments or Rulings” (關(guān)于辦理拒不執(zhí)行判決、裁定刑事案件適用法律若干問題的解釋, hereinafter the “Interpretation”), which came into force on 1 Dec. 2024. The Interpretation aims to combat the criminal offense of refusing to comply with judgments, safeguarding the legitimate rights and interests of judgment creditors.
According to Chinese Criminal Law, individuals obligated to comply with court judgment, such as judgment debtors, auxiliary obligors, and guarantors, who are capable of execution but refuse to comply under serious circumstances can be convicted of refusal to comply with judgments or rulings.
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The highlights of the Interpretation are as follows.
- The circumstances of “capable of execution but refusing to comply under grave circumstances” include maliciously disposing of assets by abandoning claims or collateral, extending debt repayment deadlines, or using false settlements or transfers to hinder the execution of judgments or rulings.
- Hiding or transferring assets before the judgment takes effect, which is later verified and ignored when enforcement is sought, may result in prosecution for refusal to comply with judgments or rulings.
- Refusal to comply with judgments or rulings on the payment of alimony, child support, compensation for injuries, medical costs, or wages, when constituting a crime, shall be subject to harsher penalties in accordance with the law.
Contributors: CJO Staff Contributors Team
