المملكة: After its approval…cancellation "Imprisonment of the debtor" The statute of limitations is 10 years under the new implementation system

Al-Youm sources revealed that the new implementation system approved by Justice.

Specialists explained that The new legislation, which has been amended by deletion and addition to its previous “98” articles, enhances the efficiency of the digitized judicial environment without resorting to imprisoning the debtor, stressing that the enforcement courts have begun implementing the new package of procedures related to bonds, disclosure of funds, precautionary seizure, and distribution of proceeds.

Lawyer and legal advisor Bandar Al-Omari confirmed that the new implementation system is heading towards ending the financial imprisonment of the debtor, and directing the entire course of procedures towards the assets. and property, in a way that enhances the effectiveness of implementation tools and raises the efficiency of fulfilling rights.

A strategic legislative step

Al-Omari indicated that this modernization is a strategic legislative step aimed at accelerating the delivery of rights and enhancing the efficiency of the judicial environment in line with the requirements of “digital transformation” and keeping pace with the best modern judicial practices globally.

He stated that the new legislation, whose previous “98” articles were amended by deletion and addition, focused primarily on the complete separation of the debtor’s responsibility from his person, ensuring that procedures are directed towards the subject of the real obligation without prejudice to personal freedoms.

He added that the new system enhances the use of technical means in tracking financial assets, disclosing property, and activating seizure and implementation tools in a more accurate and transparent manner, which reduces cases of intentional default or concealment. Money.

He pointed out that this approach guarantees the preservation of the basic rights of individuals without resorting to imprisonment, which reflects a development in the justice system, and its transition from “corporal punishment” to “economic treatment” based on obtaining the right from its actual source.

Confidence in the investment environment

Al-Omari stressed that the system also contributes to strengthening confidence in the investment environment, by providing a fair and rapid implementation system that protects the rights of creditors and grants Debtors have clear regulatory paths to address their financial situations without harming their human dignity.

He explained that the next stage will witness an increase in the efficiency of enforcing judgments, especially with the integration of relevant authorities and the exchange of data, which enhances the accuracy of decisions and the speed of their implementation.

He stressed that these amendments represent a qualitative leap in the path of executive justice, and support achieving the goals of the Kingdom’s Vision 2030 in building an advanced, fair and sustainable judicial system.

Humanitarian aspects.

Humanitarian aspects For his part, lawyer and legal advisor Bandar Al-Amoudi considered that the decision represents a qualitative leap in linking travel ban measures to the judicial framework, taking into account the humanitarian and economic aspects.

The amendments made it mandatory to regulate executive bonds by requiring them to be registered electronically, setting a strict statute of limitations of up to “10” years, which effectively contributes to the stability of transactions and preventing the accumulation of old claims.

The system showed the introduction of the concept of “reverse execution” as an advanced legal tool, allowing the debtor to oblige the other party to implement its corresponding obligations, accompanied by obligating everyone to accurately and transparently disclose funds.

Money concealment operations

The legislation warned against The consequences of manipulation, criminalizing the process of concealing funds or providing misleading information to judicial authorities, in addition to setting precise controls that define travel ban mechanisms.

The organization indicated that the debtor should be given a statutory deadline to sell his assets in an orderly manner that ensures the payment of dues, pointing at the same time to protecting the “interest of the child” when implementing visitation provisions.

It touched on enabling the assignment of some implementation work to the private and non-profit sectors, within clear frameworks that guarantee the preservation of the rights of the person seeking implementation and support Enforcing contracts and establishing “preventive justice.”

Administrative and security prevention

Al-Amoudi added that the most prominent features of the organization include specifying a clear time period for the travel ban order to take effect, instead of leaving it open, which enhances the clarity of procedures and limits arbitrariness.

He pointed out that the judicial ban is issued exclusively by the enforcement judge, while the administrative and security ban remains linked to cases that affect national security and are managed by the Ministry of Interior.

He stressed the separation. A clear and independent distinction between the travel ban procedure and the suspension of government services, indicating that the travel ban does not result in the disruption of digital or banking services except by a specific judicial decision.

The regulation in financial cases stipulates that the debt is proven and due before the ban, giving the judge the discretion to reject the request if the defendant provides sufficient guarantees, such as a debtor or financial deposit.

Violating travel instructions

He revealed an update to the penalties associated with violating travel instructions to countries. Prohibited, by imposing fines of up to “30” thousand riyals and a ban for two years, with the same doubled if the violation is repeated.

The legal advisor explained the automation of travel ban procedures and linking them digitally through the “Absher” and “Najez” platforms, to ensure that the person is notified immediately upon issuance of the decision, which enhances transparency and speed of access to information.

He explained the mechanisms for lifting the ban that take place automatically upon payment of the debt, the provision of a financial guarantee, or the issuance of a final ruling, as well as About the possibility of lifting it with the written consent of the opponent.

He stressed the right of those affected to demand compensation for material and moral damages before the courts when the ban request is proven malicious, in order to enhance what he described as “contractual security” within the Kingdom.

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