Criminalising Failure To Execute Under The Judicial Enforcement Law

The crime of Failure to Execute is a significant topic in the new Judicial Enforcement Law (Law No. 4 of 2024), due to its direct impact on achieving justice and enforcing rights. The Judicial Enforcement Law addresses the crime of failure to execute and the concealment of assets subject to execution, as well as the refusal to deliver them. The legal provisions regulating this crime have undergone substantial and essential amendments, expanding and specifying on the nature of the crime and imposing more stringent penalties compared to those previously stipulated in the now-repealed Chapter Three of the Civil and Commercial Procedures Law No. 13 of 1990 ("CCPL").

The act of hindering the execution of judgments and failing to comply with them poses a major challenge to the judicial system in achieving justice. Justice is not achieved merely by issuing a final judgment in favour of the claimant but is only fully realised upon the execution of that judgment. Failure to