The new Enforcement draft law has brought a wide understanding of the offences and penalties. The legislators have streamlined and specified the offences and its penalties that would apply on whoever has connection with applicant of the enforcement such as the enforcement service provider, the public officers who are empowered with duties under the enforcement law, the respondent (the one against whom the enforcement is sought) if they fail to observe as per the  the law in terms of regulations and procedures.

The phase, at which the penalty is handed down, starts once the enforcement judge reviews the evidence, which indicates that there is a violation to a law or a procedure. The judge then refers it to the public prosecution to embark on investigation and establish it by facts and proofs.

In case of establishment, the transaction is referred to the criminal court, which has jurisdiction to levy a penalty under this draft law.

Penalties under the new draft law are divided into three sections, which are:

First: Penalties imposed against provider of the enforcement services (especially the lawyers):

Article No. (4) of this draft law shows that enforcement services providers will be licensed, and whose types and provisions of the licensing and their duties shall be specified, in addition to determining the wage policy that they collect after the implementing regulations is issued.

Article No. (5) stipulated that stricter penalties provided for in other laws shall be observed, and in case of violating the provisions of the law, the enforcement service provider shall be punished with either one of the following penalties:

1- Warning.

2- Suspension of the license.

3- A fine of no more than SAR 300,000

4- Revocation of the License.

5- In case of transgression of service provider or evasion of delivery or receipt of funds, the enforcement service provider shall get a jail penalty of up to three years and a fine of no more than SAR 100,000, or with either one of those penalties.

Second: Penalties imposed upon the respondent (a judgment debtor):

Section six of the draft law has defined the offences and penalties pertaining to the respondent or his/her aides.

Article No. (47) of the new draft law states:

• Whoever commits either one of the following offences shall be punished with up to seven years in jail and a fine of no more than SAR 300,000 or with either one of those penalties:
• Refraining from executing the final judgment issued against him/her, or if it established that he/she had concealed his/her money, smuggled them out, or abstained from disclosing the money he or she has.
• Intentionally delaying the enforcement, including institution of a legal proceeding with the intent of postponing the enforcement.
• Resisting enforcement whether by threatening or assaulting– by himself or by others– an officer or somebody licensed to carry out the enforcement, or if he/she did any of said acts against the claimant, or by doing other illegal acts with the intent of resisting the enforcement.
• Providing wrong or incorrect information before the court or during the proceedings.
• Whoever aids the respondent or assists him in any of the offences provided for in paragraphs (1/A), (1/B), (1/C), and (1/D) of this article shall receive the punishment stipulated in Paragraph (1) of this article.

Article No. (49) of the draft law states that any debtor proved to have destroyed his/her fund, if the fund was huge, even if he/she is proved insolvent, shall be punished with up to 15 years in jail, and that is deemed one of the greatest crimes that entails detention.

Third: Penalties imposed on the enforcement applicant, he/she whoever is connected with the enforcement applicant and the parties that have to do with the enforcement process:

As we mentioned here in the beginning, the enforcement applicant or the persons, who are in connection with the enforcement application itself, such as the public officer and the like, may be subject to penalties.

Article No. (48) of the draft law states: “If it is established that he (public officer) prevented the enforcement or obstructed it, he shall be punished with a jail term of up to five years.”

As for article No. (50) of the bill, it encompassed more than one party, who has to do the enforcement petition. This article stipulates:

Either of the following shall be punished with up to three years in jail and a fine of no more than SAR 100,000, or with one of those penalties:

1- Applicant of the enforcement; if he delays the finalization of the petition after executing the instrument, or if it is established that the applicant requested a procedure of the enforcement procedures with the intent of causing harms to the respondent, or if he/she submits wrong or incorrect information before the court or during the proceedings.

2- The person informed of the assets’ details of the respondent; if he leaks such details, and whoever reviews such details without a court order shall receive the same penalty.

3- Licensed providers of the enforcement services and their affiliates; if any of them breaches his/her duties out of transgression, or evasion of delivery or receipt of funds.

4- The valuer or sales agent and their affiliates, or the bidder in an auction if any of them attempts to influence the price or provides misleading information regarding fair pricing.

The Penalties Section concludes with what is pertaining to enforcement of the provisions of some personal status cases (custody of children, guardianship, parental visit) or if (he/she) resisted the enforcement or obstructed it whether it was one of the parents or others.

In such case, the offender shall receive a jail penalty of up to three months and a fine of no more than SAR 30,000, or with either one of those penalties.

The above are a few highlights on offences and penalties part stipulated in the draft law, which shall come into force 180 days after ratifying and publishing it in the official gazette.

The entire procedures of the law shall be organized once its implementing regulations would be issued within 180 days of its date of issue of the law.