Evading execution of sentences | When is it considered a crime?

Evading execution of sentences | When is it considered a crime?

The implementation of judicial rulings constituted the most important stage in the litigation process, as it is the actual tool for ensuring the fulfillment of rights and the implementation of the principle of the rule of law. 

The Saudi regulator has paid special attention to this phase through its enforcement system, which has established a precise regulatory framework that limits practices that hinder the implementation of judgments. 

Evading the implementation of judicial rulings is one of the actions that require accountability whenever its regulatory elements are present, as it results in a direct violation of the rights of those convicted and the proper administration of justice.

What is meant by evasion of execution?

It is the intentional commission of actions against the person against whom the execution is carried out that lead to obstructing or hindering the implementation of the judgment or executive document issued against him.

Pictures of evasion of execution

• Refraining from implementing a final ruling while being able to pay or implement the ruling, such as a parent refraining from implementing a visitation ruling.
• Hiding his money or transferring it to others.
• Not disclosing the money he owns.
• Take legal action to disrupt implementation.
• Resisting execution, assault, or threatening the execution requester.
• Providing false statements to the court.

Evading execution of sentences | When is it considered a crime?

How long does it take to implement judicial rulings?

The person against whom the execution is issued shall be given a period of 5 days from the date of notification of Decision 34 to implement the judgment issued against him.

What are the elements of the crime of refraining from implementing a judicial ruling?

Refraining from implementing a judicial ruling is a crime punishable by the implementation system if the following elements are met: 

• The existence of a final judicial ruling issued by a competent court or an executive document upon performance.
• The ability of the person against whom the judgment is executed to pay or implement the judgment.
• The person against whom the execution is being carried out deliberately refrains from executing the judgment.

What is the penalty for failure to implement judicial rulings in Saudi Arabia?

What is the penalty for failure to implement judicial rulings in Saudi Arabia?

Article 88 of the Enforcement Law stipulates that the person against whom the execution is carried out shall be punished with imprisonment for a period not exceeding 7 years if he commits any of the following crimes:

• Refrain from implementing the final ruling issued against him.
  • It was proven that he hid or smuggled his money.
    • He refused to disclose his money.
      • Deliberately disrupting implementation by filing a lawsuit with the intention of disrupting implementation.
        • Resisting implementation by threatening or assaulting the implementation employee or the person requesting implementation himself or others.
          • Lying in his court statements or providing incorrect data.
• The person against whom the execution is carried out shall be punished with imprisonment for a period not exceeding 15 years if he squanders his money if it is a lot of money and if it is proven that he is insolvent. This is considered one of the major crimes that require arrest based on what is stipulated in Article 90 of the Execution Law. 
• Either parent or others shall be punished with imprisonment for a period not exceeding 3 months in accordance with Article 92 of the system if he commits one of the following actions:
  • Refrain from implementing a ruling issued regarding custody, guardianship, or visitation.
    • Resist or disable implementation.

Evading execution of sentences | When is it considered a crime?

Which court has jurisdiction to hear the crime of failure to perform?

Criminal courts have jurisdiction to consider the crime of failure to implement and impose appropriate penalties. The Public Prosecution shall file and investigate the case based on a report submitted by the person requesting implementation or a referral from the implementation judge, in accordance with Article 87 of the Implementation Law.

How do I file a report of failure to implement a court ruling?

You can submit a report to the Public Prosecution website to undertake the crime investigation process and follow up on legal procedures by following the following steps:

• Visit the Public Prosecution website.
• From the home page, choose ”Services”
• Click on “Electronic Services”
• Log in via your National Unified Access Account.
• Select “New Order”
• Fill in the required data such as personal information and the reason for the report.
• Attach the documents supporting the request, including the implementation decisions against the person against whom the execution was carried out.
• Submit the application.
• You will receive a text message with the report number. 

Evading execution of sentences | When is it considered a crime?

Evading the implementation of judicial rulings does not waive the right, but it requires accurate knowledge of the regulatory procedures, the competent authority, and the mechanism for dealing with the enforcement judge.

Through the office of lawyer Abdul Majeed Al Rashid, you can seek the assistance of an experienced enforcement lawyer who will study the ruling, choose the most appropriate procedure, and follow up on the implementation until the rights are fully fulfilled.