Lawyer Khaled Al-Hajjaj confirmed to “Okaz” that there is no prisoner in a purely private financial right, except that the private financial right may result from actions for which the system has decided penalties in the public right, such as a penalty for theft or fraud, etc., so here (the debtor) is imprisoned for the crime because ( offender) and he is ordered to fulfill the private financial right of others, so imprisonment here is a punishment for a crime and not for a debt. This came in response to a question being raised on social media platforms because some have published bills for paying private debts to prisoners, and are asking others to pay them. The fact that the owner of the bill is imprisoned and that what is related to the imprisonment of the debtor in private rights is suspended by an order to suspend the implementation of final judgments and judicial orders related to the imprisonment of the debtor in private rights cases.
Al-Hajjaj indicated that this is after the Corona pandemic, and the matter is still in effect until now, and therefore there is no prisoner in a (pure) private financial right, except that the private financial right may be a consequence of actions for which the system decided penalties.
Lawyer Al-Hajjaj explained that not imprisoning the financial right does not mean that people's rights are underestimated, as the system has set financial and civil penalties of the same kind as the civil dealings we are dealing with (debt); Including preventing financial institutions and government agencies from dealing with it, stopping the issuance of agencies and authorizations from it, stopping services, banning travel and others, and with the technical and electronic development in all government services, stopping services has become a kind of debtor’s prison (electronic prison), so deprivation of electronic services is a punishment Harsh for every person who has not fulfilled his financial obligations in private debts. The saying not to be imprisoned in the private right is applied in many countries of the world.
For his part, the legal advisor, Bandar Al-Maghamis, explained to “Okaz” that it is necessary to refer to the execution system and its executive regulations. Article (83) of the execution system stipulates specifying cases of issuing a sentence of executive imprisonment, with defining controls for solutions and procedures carried out by the execution judge, to motivate and empower the debtor. From finding solutions and all the procedures stipulated were organized with the aim of fulfilling the rights. And in Article (84) of the Execution Law, there are cases in which executive imprisonment of the debtor is not permissible, and its implementing regulations stipulated in Paragraph (3) that executive imprisonment is not permissible if the debtor is 60 years or more, or the debtor has minor children, and his wife is deceased or imprisoned for any reason.
Al-Maghamis added that an order was issued to suspend the implementation of final judicial rulings and orders related to the debtor's imprisonment in private right cases, with the immediate temporary release of those imprisoned in implementation of those rulings and orders. Until the date of the announcement of the concerned committee to take all necessary precautions to prevent the spread of the Corona virus and the end of the exceptional circumstances of the virus pandemic.
The decision included the inclusion of citizens and residents, since the priority is human health, and this decision was among the pre-emptive measures and decisions.
Fatima Al Dabees (Riyadh) – @fatimah_a_d