Unit 5: Execution of Judgment
The frame: judgment is the right’s declaration; execution is its enforcement — the decree’s conversion into fact (payment, possession, partition, performance; imprisonment and fine in the criminal face). “Justice delayed at execution is justice denied twice” — the docket’s third act, with its own actor (the execution officer) and its own disputes.
5.1 Application for Execution of Judgments in Civil and Criminal Cases
Civil: the decree-holder’s application to the trial court (the decree’s court) — within limitation (the execution statute’s clock from decree or its later triggers); the contents: the decree, its unsatisfied part, the judgment-debtor’s property, the modes sought (payment, attachment and sale, possession, arrest, appointment of receivers, partition’s implementation). Modes by decree’s kind: money decrees (attachment — movable, immovable, debt-arrest — auction, the recovery stages), possession decrees (eviction/handing-over), partition decrees (the jirat‘s implementation — survey, division, allotment), injunction/declaratory decrees (compliance enforcement), specific-performance decrees (documents’ execution by the court’s officer where the party refuses).
Criminal: the sentence’s execution: imprisonment (the warrant to prison; term computation — 5.4), fine (recovery as decree-like attachment; the default custody discipline where imprisonment-substitute applies), compensation to victims (the Crime Victim Protection Act 2075’s fund and the court-ordered compensation’s recovery), the release-face (parole and remission under the Sentencing Act 2074 — Criminology and Penology, Unit 6, this semester).
5.2 Role of Judgement Execution Directorate
The Judgment Execution Directorate (with the execution offices serving the courts — the professionalised enforcement wing of the judiciary’s administration): its logic — the judge adjudicates, the officer executes (the separation that keeps the bench out of the sale-yard’s controversies and speeds the docket). Functions: execution applications’ processing; debtors’ property’s identification, attachment and auction
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