New enforcement system: harsher penalties of up to 15 years imprisonment

In a decisive legislative move aimed at expediting justice, the new enforcement system in the Kingdom of Saudi Arabia has established a robust criminal deterrent system designed to protect rights and prevent manipulation of enforcement procedures. This system includes stringent penalties, reaching up to 15 years imprisonment for certain crimes, with penalties doubled for repeat offenses within a specified period. The system criminalizes acts such as concealing and smuggling funds, obstructing enforcement, and manipulating judicial procedures, thereby strengthening the response to delays and misuse of the enforcement system through a series of firm and graduated punitive measures.

Development of judicial legislation in the Kingdom

Historically, the Saudi Arabian justice system has undergone continuous development to ensure that rights are delivered to their rightful owners as quickly as possible. Prior to the enactment of this system, courts faced challenges related to the procrastination of some debtors or the concealment of funds, which led to delays in the fulfillment of rights. This legislative update came as part of the objectives of Saudi Vision 2030, which emphasizes the importance of transparency, property protection, and providing a safe and stable investment environment based on a strong and institutionalized judiciary capable of enforcing judgments effectively and without delay.

Full judicial jurisdiction for investigation and judgment

The regulations stipulate that the competent court is responsible for adjudicating cases arising from the application of the provisions of Chapter Six and imposing the prescribed penalties, except as otherwise provided. The investigation and prosecution authority is responsible for conducting proceedings before the court in the crimes stipulated in the regulations. The regulations also grant specific employees from the Ministry and other public entities the authority of criminal investigators to address crimes related to the implementation of these regulations, defining their powers and the regulations governing their work in accordance with the executive regulations. This enhances the integration between oversight and judicial bodies in addressing violations.

Penalties for concealing funds in the new enforcement system

The law stipulates penalties of up to three years imprisonment and a fine of up to one million riyals, or one of these two penalties, for anyone found guilty of actions that obstruct enforcement procedures. Among the most prominent of these actions are concealing or smuggling funds with the intent to impede the fulfillment of rights, or deliberately refusing to execute enforcement orders or disclose funds. Penalties also cover obstructing enforcement through malicious lawsuits, disposing of funds after seizure orders have been issued, or refusing to respond to questioning, in addition to providing misleading statements or information. The penalties extend to companies involved in the crime, whether through agreement, incitement, or assistance, treating them as principals if their knowledge of the criminal act is proven.

Stricter penalties for public employees and those who embezzle funds

In a move reflecting the sensitivity of public office within the enforcement system, the law stipulates a penalty of up to five years imprisonment for any public employee or equivalent found to have obstructed or impeded enforcement procedures, classifying such actions as crimes of breach of trust, thus reinforcing the principle of integrity. The law also increases the penalty to imprisonment for up to fifteen years if a debtor is found to have squandered substantial funds, even if insolvent, considering this act a major crime warranting arrest. The Public Prosecutor is tasked with coordinating with relevant authorities to establish criteria defining what constitutes substantial funds to ensure the consistent application of this severe penalty.

Economic and social dimensions of implementing the system

This legislation carries significant weight that extends far beyond the courtroom, impacting the economy and society as a whole. Domestically, the system fosters trust between individuals and businesses, accelerating development and ensuring the stability of financial and commercial transactions. Regionally and internationally, this robust legal framework sends a clear message of reassurance to foreign investors that the Saudi legal environment safeguards capital and prevents any manipulation, directly contributing to the Kingdom's improved ranking in global contract enforcement and transparency indices.

Protecting procedures from abuse and disciplining service providers

The system also protects the enforcement process from abuse, stipulating penalties for the party requesting enforcement if it is found that they used the procedures to harm the party against whom enforcement is sought, or if they delay the completion of the request after the right has been fulfilled. Penalties also extend to enforcement service providers in cases of breach of their duties, data leaks, or disruption of procedures. The system establishes a framework of administrative penalties for violating service providers, ranging from warnings to fines that may reach three hundred thousand riyals, and ultimately to license suspension for up to one year, or permanent revocation in serious cases.

Special penalties in personal status cases

To protect family ties, the law stipulates a prison sentence of up to ninety days and a fine of up to thirty thousand riyals for anyone who refuses to comply with custody, visitation, or guardianship orders, or obstructs their implementation. The law also stipulates that the penalty can be doubled if the offense is repeated within three years, as a deterrent to prevent recidivism.

Mandatory rehabilitation programs and public shaming of violators

Among the most notable new measures is the provision granting the court the authority to include in its ruling a requirement to publish a summary of the penalty at the offender's expense in a local newspaper or other suitable media outlet. The system also allows for the mandatory attendance of offenders at their own expense as part of supplementary penalties, reflecting a focus on behavioral reform alongside punishment, particularly in procedural or professional offenses.