Who Can File a Criminal Complaint?
Under Article 27 of the Law of Criminal Procedure, preliminary criminal investigation officers are required to receive reports and complaints about all crimes. This means any person — including foreign nationals and expats — can file a complaint with the relevant authority.
For crimes involving private rights (harm to an individual rather than society at large), Article 17 specifies that no criminal investigation may be launched without a complaint filed by:
- The victim (or their legal representative)
- The victim's heirs, in the event of death
This is a critical distinction: for certain personal crimes, the legal process simply cannot begin without your formal complaint.
Where to File Your Complaint
Complaints are filed with preliminary criminal investigation officers, which under Article 26 include:
- Members of the Bureau of Investigation and Public Prosecution
- Directors of police stations and their assistants in cities, counties, and townships
- Other designated officers within their jurisdiction
Practical steps:
- Go to the nearest police station (Mabahith or regular police) depending on the nature of the crime.
- Bring your Iqama (residency permit) and any supporting evidence such as photographs, documents, or witness details.
- Request an official complaint reference number — this is your proof that the complaint was formally received.
- If you do not speak Arabic, you have the right to request an interpreter.
What Happens After You File?
Under Article 27, once a complaint is received, officers must:
- Record all relevant information in an official report
- Sign and date the report
- Summarize the complaint and forward it to the relevant authority
Under Article 28, investigators may then:
- Take statements from witnesses and anyone with relevant information
- Question suspects
- Bring in forensic experts or specialists to assist
You may be asked to provide a formal statement. It is advisable to have a lawyer present or at least to have consulted one beforehand.
Your Complaint as a Claim for Private Rights
Article 29 establishes an important principle: a complaint filed by a victim is automatically treated as a claim for their private right (i.e., a claim for compensation or qisas), unless the victim explicitly waives that right before the investigator.
- This waiver must be recorded in the official report and witnessed.
- In cases involving qisas (retaliation) or defamation, the complaint or waiver must come from the victim personally — not a representative.
This means that by filing a complaint, you are preserving your right to seek personal redress, so think carefully before signing any waiver document.
The Role of the Public Prosecutor
Once your complaint is filed and investigated, the Bureau of Investigation and Public Prosecution (Article 15) decides whether to pursue a public criminal action — meaning the state takes over prosecution. In this case:
- You as the victim may still pursue your private right separately (Article 16)
- The court must summon the public prosecutor when a victim brings a private action
- Under Article 19, if the court identifies additional suspects or related facts, it will notify you so you can complete the necessary proceedings
Conflicts of Interest in Your Case
Article 21 prohibits members of the Bureau of Investigation and Public Prosecution from handling a case if:
- They are the victim or closely related to any party (up to the fourth degree of kinship)
- There is enmity or a close personal relationship between them and a litigant
If you believe the officer or prosecutor handling your case has a conflict of interest, you have the right to raise this formally.
Article 18 similarly requires the court to intervene if there is a conflict between a victim's interests and those of their representative — protecting victims from being poorly represented.
Withdrawing or Settling a Complaint: Pardon
Under Article 23, a private criminal action lapses if:
- The victim or their heirs grant a pardon to the accused
However, this does not automatically stop any public criminal action that the state may have separately initiated. Granting a pardon is a significant legal step — consult a lawyer before doing so, particularly in serious cases.
Practical Checklist for Expats Filing a Complaint
- [ ] Gather all evidence: photos, messages, contracts, witness names
- [ ] Bring your Iqama and passport to the police station
- [ ] Request an Arabic-English interpreter if needed
- [ ] Obtain your official complaint reference number
- [ ] Consult a lawyer before providing a detailed statement
- [ ] Do not sign any waiver of private rights without legal advice
- [ ] Notify your embassy, especially if the matter is serious
- [ ] Follow up regularly — cases can move slowly without proactive engagement
Summary
Saudi law gives expat victims meaningful rights to report crimes and seek justice. The key is to act quickly, document everything, and engage legal representation early. Understanding the distinction between public and private actions will help you make informed decisions about how to pursue your case.