Can a person who assists in the malicious transfer of property be named a defendant?

In this case, it should be possible to be named as a defendant. Those who assist in the malicious transfer of property shall be counted as the crime of harboring. But to have conclusive evidence, just speculation is not enough.

This should be okay, because their behavior has already constituted a motive for complicity in committing the crime, so it should be okay, unless the helper has the right not to know.

Legal Analysis: Generally speaking, the defendant is not prohibited from disposing of his property lawfully and reasonably, and the same is true in the course of civil cases. In civil cases, in order to prevent the debtor from concealing, transferring, or selling property during the litigation process, it may apply for property preservation.

Failure to perform on an effective judgment, evasion of enforcement, or malicious transfer of property may result in serious consequences, and the court may take him into judicial custody.

Legal basis: Contract Law of the People's Republic of China

Article 74 Where damage is caused to the creditor due to the debtor's waiver of its due creditor's rights or the transfer of property free of charge, the creditor may request the people's court to revoke the debtor's act. If the debtor transfers property at an obviously unreasonable low price, causing damage to the creditor, and the transferee is aware of the situation, the creditor may also request the people's court to revoke the debtor's act.

The scope of the exercise of the right of avoidance is limited to the creditor's claim. The necessary expenses for the creditor to exercise the right of avoidance shall be borne by the debtor.

Article 75 The right of revocation shall be exercised within one year from the date on which the creditor knows or should know the reasons for revocation. If the right of avoidance is not exercised within five years from the date of the debtor's act, the right of avoidance shall be extinguished.

If the malicious transfer of property constitutes a criminal offense, it may constitute the crime of refusing to enforce a judgment or ruling, and criminal responsibility is required. The Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases of Refusal to Enforce Judgments or Rulings clarifies that "the ability to enforce" means that "the person who has the obligation to enforce the judgment or ruling of the people's court has property available for enforcement or has the ability to perform the obligation of a specific act as proved by verified evidence". The "Interpretation on Article 313 of the Criminal Law of the People's Republic of China" further clarifies the circumstances of "refusal to enforce the law but the ability to do so, and the circumstances are serious", including "the person subject to enforcement conceals, transfers, intentionally destroys property, or transfers property without compensation, or transfers property at an obviously unreasonable low price, making it impossible to enforce the judgment or ruling".

If the debtor has malicious transfer of property, i.e.: 1. Malicious collusion with others to transfer property for the purpose of reducing the debtor's ability to compensate; 2. Waiver of due creditor's rights or transfer of property free of charge; 3. Transfer of property at an obviously unreasonable low price; 4. Acquire other people's property with obviously unreasonable **. The Criminal Law stipulates that where a people's court has the ability to enforce a judgment or ruling but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention or a fine shall be given; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible personnel in charge and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

Article 538 of the Civil Code provides that if the debtor disposes of the property rights and interests free of charge by waiving its creditor's rights, Lu Yuan waives the guarantee of the creditor's rights, transfers the property free of charge, etc., or maliciously extends the performance period of its due creditor's rights, affecting the realization of the creditor's creditor's rights, the creditor may request the people's court to revoke the debtor's acts.

Legal Analysis: Failure to repay debts and malicious transfer of property may constitute the crime of refusing to enforce a judgment or ruling, and where the circumstances are serious, a sentence of up to three years imprisonment, short-term detention or a fine shall be given. Failure to repay debts and malicious transfer of property will constitute a crime if the circumstances are serious, and will be severely punished by the law.

Legal basis: Article 538 of the Civil Code of the People's Republic of China Where the debtor disposes of the property rights and interests free of charge by waiving its creditor's rights, waiving the guarantee of creditor's rights, transferring property free of charge, etc., or maliciously extending the performance period of its due creditor's rights, affecting the realization of the creditor's creditor's rights, the creditor may request the people's court to revoke the debtor's acts.

OK. It is a deliberate transfer, which is legally called a malicious transfer of property. 1. You can exercise the right of revocation granted to the creditor under the contract law, and the period is one year from the time you know or should know.

This right must be exercised by way of litigation, which means that you have to add a claim to revoke the transfer of property. 2. It should be noted that if the court supports your request and the transaction is revoked, it does not mean that the property will be in your name, and you have to apply for preservation and then get the property through enforcement. If you want to apply for revocation, you have to prove that the other party transferred the property for free or obviously unreasonable**, otherwise the court will not support it.

How does the people's court deal with the malicious transfer of property? At the same time, the interpretation also stipulates that "it may be handled in accordance with the provisions of Article 111, Paragraph 1 (6) of the Civil Procedure Law". Where litigation participants or other persons exhibit any of the following conduct, the people's courts may impose fines or detention on the basis of the severity of the circumstances; where a crime is constituted, criminal responsibility is pursued in accordance with law

1) Fabricating or destroying important evidence, obstructing the people's court's trial of a case; (2) Using violence, threats, or bribery to prevent witnesses from testifying, or instigating, bribing, or coercing others to give false testimony; (3) Concealing, transferring, selling, or destroying property that has already been sealed or seized, or property that has been inventoried and ordered to be kept, or transferring property that has been frozen; (4) Insulting, slandering, framing, beating, or retaliating against judicial personnel, litigation participants, witnesses, translators, evaluators, inquest personnel, or persons assisting in enforcement; (5) Using violence, threats, or other methods to obstruct judicial personnel from performing their duties; (6) Refusal to perform on a judgment or ruling of a people's court that has already taken legal effect. The above is the legal knowledge about whether the debtor can sue him for malicious transfer of property if he transfers property before being sued, have you learned?

Legal analysis: In the court's enforcement procedures, if the person subject to enforcement maliciously transfers property, it constitutes the crime of refusing to enforce the judgment or ruling. Circumstances in which property is transferred in bad faith include:

transfer of property without compensation, transfer of property at a clearly unreasonably low price; In the course of court enforcement, in order to evade the performance of the judgment, the property is transferred to others, resulting in the judgment or ruling being unenforceable.

Legal basis: "Criminal Law of the People's Republic of China" Article 313:Where a people's court's judgment or ruling is capable of being enforced but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention, or a fine is to be given; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine. Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.