Refusal to implement in the Judicial Execution Law

Refusal to implement in the Judicial Execution Law

The Judicial Enforcement Law is one of the laws that recently entered into force in the State of Qatar. Enforcement is considered one of the most complex issues facing a person who has been granted a judgment and wants to enforce it against the person against whom it was issued. Therefore, due to the importance of the issue of enforcement, the Judicial Enforcement Law of 2024 was issued, which includes all the steps and procedures that must be followed when implementing the judgment. Not only that, but the law also stipulates a penalty for those who refrain from implementing the judgment. This article will address this topic.
Abstention from execution means any act or procedure that obstructs execution procedures, making execution impossible. In this regard, the Judicial Execution Law of 2024 explicitly criminalizes such acts. Article 105 of the law states:
Without prejudice to any more severe penalty stipulated by another law, anyone who:
1. Refrains, without an acceptable excuse, from executing court orders and decisions after being notified thereof.
2. The person against whom execution is being executed, if he commits an act that obstructs execution or intentionally smuggles, conceals, or disposes of his assets to avoid execution, from the date of notification of the execution request. The same penalty shall be imposed on anyone who facilitates or provides assistance to such a person.
3. Refusing to hand over to the court any assets belonging to the person against whom the execution is being carried out, despite being notified of this or after the person against whom the execution is being carried out has been declared insolvent.
We find here that the law stipulates that for an act to be considered abstention from execution, it requires the person against whom the execution is being carried out to refrain, without an acceptable excuse, from implementing court orders and decisions after they have been notified. It also stipulates that the person against whom the execution is being carried out smuggles, disposes of, or conceals his assets to prevent execution, or that he commits any act that would obstruct the execution procedures. It also stipulates that anyone who facilitates or assists him in doing so shall be considered abstention from execution, starting from the date of notification of the execution request.
also considers anyone who refuses to hand over to the court any assets belonging to the person against whom the execution is being carried out, after being notified of this or after the execution is declared insolvent.
In all of the aforementioned cases, Article 106 of the law authorizes the president of the execution court or his representative to reach a settlement in any of the crimes stipulated in Article 105, provided that the settlement occurs before the criminal case is initiated. Reconciliation may also occur during the criminal case, provided that it occurs before a final judgment is issued.
Provided that the settlement is in exchange for the payment of an amount not exceeding half the maximum fine and the removal of the causes of the violation.
The settlement results in the inadmissibility of initiating a criminal case, or its expiration, as the case may be.
The law punishes anyone who commits any of the acts stipulated above with imprisonment for a period not exceeding three years and a fine not exceeding one hundred thousand riyals, or with either of these two penalties, without prejudice to any more severe penalty stipulated by any other law.

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