The Enforcement procedures represent all legal procedures enabling a creditor or the State to enforce a court decision or to recover a debt.
In Senegal, these procedures differ depending on whether it is a civil or criminal matter.
This article explores the enforcement mechanisms in these two areas, highlighting the procedures, the actors involved and the relevant legal frameworks.
In civil matters, enforcement procedures aim to ensure the forced performance of obligations recognised by a judicial decision or a notarial act.
Key measures include:
This procedure allows the creditor to seize the sums of money that the debtor holds with third parties, for example in his bank accounts.
It applies to debtors owed to third parties, allowing the creditor to be paid directly by them.
This is a pecuniary sentence pronounced by the judge, obliging the debtor to perform a specific obligation under penalty of paying a sum of money per day of delay.
The legal framework for civil enforcement is mainly governed by the Senegalese Code of Civil Procedure . This code details the procedures to be followed, the requirements and the rights of the parties involved.
In criminal matters, enforcement procedures concern the enforcement of sentences handed down by the competent courts. Key measures include:
Those Mandates are essential tools for the investigating judge in the context of the criminal investigation. They ensure that the persons involved appear in court and that the legal proceedings run smoothly.
After conviction, the prison service is responsible for the execution of prison sentences in accordance with the legal provisions in force.
The collection of fines is carried out by the State Treasury, which may resort to coercive measures in the event of non-payment.
Several actors are involved in the process of enforcing judicial decisions:
In conclusion, the effective implementation of enforcement procedures is essential to ensure compliance with court decisions and to ensure the credibility of the Senegalese Judicial System . Whether in civil or criminal matters, in-depth knowledge of the procedures and the actors involved is essential for effective enforcement in accordance with the legal provisions.
For personalized legal advice or assistance in your procedures, do not hesitate to Contact our firm here .
1. What is a seizure of movable property?
Attachment of movable property is a procedure allowing a creditor to seize the debtor's tangible movable property, such as vehicles, furniture or equipment, in order to recover an unpaid debt.
2. What is the difference between a warrant to bring him before a court and an arrest warrant?
A warrant to bring a person is an order to the police to bring a person immediately before the judge, while an arrest warrant is an order to search for a person and detain them.
3. Who is responsible for the execution of prison sentences in Senegal?
The execution of prison sentences is carried out by the prison services, in accordance with the legal provisions in force.
4. How is the collection of fines in criminal matters carried out?
The collection of fines is carried out by the State Treasury, which may resort to coercive measures in the event of non-payment.
5. What is the role of the bailiff in enforcement proceedings?
The bailiff is responsible for serving judicial documents and carrying out seizures, playing a key role in the execution of court decisions.
Enforcement channels in Senegal are important means of enforcing court decisions. It is important to understand the different options available and work with a lawyer to choose the best enforcement route for your situation.