المملكة: The new implementation system: severe penalties of up to 15 years in prison and doubling the period of imprisonment upon return

Archive The New Enforcement SystemA strict criminal deterrence system aimed at protecting rights and preventing tampering with enforcement procedures, by approving strict penalties of up to 15 years in prison for some crimes, in addition to doubling the penalty in the event of repeating the violation within a specific period.

The system includes criminalizing acts of hiding and smuggling funds, obstructing implementation, and tampering with judicial procedures, in a way that strengthens the confrontation of procrastination and misuse of the executive system with graduated punitive tools. And firm.

Integrated judicial jurisdiction to investigate and judge enforcement crimes

The system confirmed that the competent court is responsible for examining cases arising from the application of the provisions of Chapter Six and imposing the prescribed penalties, with the exception of what is stated in a special text, while the investigation and prosecution authority is responsible for directing procedures before the court in the crimes stipulated.

The system granted specific employees from the Ministry and public agencies the status of criminal control to control crimes related to execution, with their powers and work controls determined in accordance with the regulations. The system stipulates penalties of up to three years in prison, and a fine that may amount to one million riyals, or one of these two penalties, for anyone proven to be involved in acts affecting enforcement procedures, most notably concealing or smuggling funds with the intention of obstructing the fulfillment of rights, or deliberately refraining from executing enforcement orders. Or disclosing funds.

The penalties included cases of obstructing implementation by filing malicious lawsuits, or disposing of funds after the issuance of seizure orders, or refraining from responding to interrogation, in addition to providing misleading statements or information before the court or during implementation procedures.

The penalties were extended to include partners in the crime, whether through agreement, instigation, or assistance, with them treated as the original perpetrator once their knowledge of the criminal act was proven.

Stiffening the punishment for the public employee

In a step that reflects the sensitivity of the public office in In the implementation system, the system stipulates a penalty of up to five years’ imprisonment for every public employee or someone in his position proven to have prevented implementation or obstructed its procedures, and considers this a crime of breach of trust, in a way that strengthens the principle of integrity in dealing with judicial rulings.

The system has increased the penalty to reach imprisonment for a period that may reach fifteen years in the event that it is proven that the debtor has squandered his funds, if they are large, even if his insolvency is proven, while considering this act as a major crime requiring imprisonment. For arrest.

The Public Prosecutor, in coordination with the competent authorities, was entrusted with setting controls that define the concept of large funds according to the nature of the debts and the conditions of the debtors, to ensure the disciplined application of this severe penalty.

Protecting the implementation procedures from abuse and misuse

On the other hand, the system did not neglect to protect the executive process from misuse, as it stipulated that the implementation applicant be punished if it is found that he used the procedures with the intention of harming the person executing against him, or delayed completing the request after completing the request. The right.

Punishments also included the implementation service provider in the event of a breach of his duties, leaking data, or harming the conduct of procedures, in addition to punishing those in charge of auctions or sales agents in the event of influencing prices or violating the principle of fairness in evaluation.

Special penalties in personal status cases

Within the framework of protecting family ties, the system stipulates a prison sentence of up to ninety days, and a fine of up to thirty thousand riyals, or One of the two penalties, for anyone who abstains from implementing custody, visitation, or guardianship rulings, or obstructs their implementation, or resists them.

The system confirmed the possibility of doubling the penalty in the event of repeating the crime within three years of the issuance of a final ruling, not to exceed twice the maximum of the original penalty, within the framework of enhancing deterrence and preventing a return to violations.

Punitive gradation for enforcement service providers

The system established a system of administrative penalties. Against violating enforcement service providers, it begins with a warning, then proceeds to a fine that may reach three hundred thousand riyals, up to the suspension of the license for a period that may reach a year, or its complete cancellation in serious cases.

It stipulates the formation of specialized committees to look into these violations, giving them the authority to assess the penalty according to the seriousness of the act and its impact, provided that its decision is subject to the approval of the competent authority, while providing the right to appeal before the administrative judiciary.

Programs Mandatory rehabilitation for violators

One of the most prominent new tools is that the system grants the court or the competent committee the authority to include the ruling or decision by publishing a summary of the punishment at the expense of the violator in a local newspaper or any appropriate media outlet, after the ruling becomes final.

The system allows violators to be obligated to attend rehabilitation programs at their expense, as part of complementary penalties, which reflects a trend towards behavioral reform in addition to the punishment, especially in violations of a procedural nature or Professional.

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