The Legal Foundation: Sharia and Saudi Law
Under Article 1 of the Law of Criminal Procedure, Saudi courts apply Sharia principles as derived from the Quran and Sunnah. State-enacted laws that do not conflict with Sharia are also applied. This dual framework means that:
- Some offenses and punishments are defined by classical Islamic jurisprudence
- Others are governed by modern Saudi legislation, such as labor laws, traffic regulations, and commercial codes
- Procedural rules are set by the Law of Criminal Procedure itself
As an expat, you are subject to this system regardless of your religion or home country's legal traditions.
Stage 1: Preliminary Investigation
Before a case reaches court, it typically goes through a preliminary investigation phase. Under Article 24, preliminary criminal investigation officers are responsible for:
- Pursuing offenders
- Collecting information and evidence
- Preparing for indictment
Article 27 requires these officers to receive and record reports and complaints about crimes. Under Article 28, they may:
- Hear statements from anyone with relevant information
- Question suspects and record their statements
- Seek the assistance of forensic experts and translators
Important for expats: If you are questioned at this stage, you are already part of an active investigation. Request a lawyer before making any statements.
Stage 2: The Role of the Public Prosecutor
The Bureau of Investigation and Public Prosecution (Articles 13, 15) decides whether to formally charge a suspect and bring the case to court. The Bureau:
- Reviews investigation findings
- Initiates criminal proceedings before the competent court
- Supervises investigation officers (Article 25)
In cases involving private rights — where an individual has been harmed — the victim or their heirs may also initiate a criminal action directly with the court under Article 16.
Stage 3: Filing the Case with the Court
Under Article 5, once a case is registered with a court, it is officially filed and cannot be transferred to another court or withdrawn before a judgment is rendered. The date of registration is the official start of court proceedings.
This means:
- Once charged and registered, the process moves forward regardless of informal negotiations
- You need legal representation in place before this stage if at all possible
Stage 4: The Trial
Article 6 establishes that courts try the accused only for the offenses they are charged with, in accordance with Sharia principles and the Law of Criminal Procedure. Key features of Saudi trials include:
- Judge-led proceedings: There is no jury system in Saudi Arabia. Cases are decided by one or more judges.
- Quorum requirements: Article 7 requires the required number of judges to attend all hearings, including sentencing. If a judge is unavailable, the court chief must assign a replacement.
- Closed deliberations: Under Article 8, judges deliberate in private. Each judge states their opinion before a decision is reached, and decisions may be by unanimous vote or majority.
- Dissenting opinions: A dissenting judge must formally record their disagreement and reasoning.
Public vs. Private Criminal Actions
Saudi law distinguishes between two types of criminal actions:
Public Criminal Action
Brought by the Bureau of Investigation and Public Prosecution on behalf of the state. It can lapse under Article 22 due to:
- A final judgment being issued
- A royal pardon granted by the King
- Repentance that relieves punishment under Sharia
- Death of the accused
Private Criminal Action
Brought by the victim or their heirs (Article 16). It lapses under Article 23 if:
- A final judgment is issued, or
- The victim or their heirs grant pardon
Note: A victim's pardon ends the private action but does not automatically stop the public prosecution from proceeding.
Stage 5: Appeals
Article 9 confirms that judgments may be appealed. For the most serious sentences, the review process is automatic and mandatory:
- Article 10 requires that sentences of death, stoning, amputation, or qisas be reviewed and upheld by the Supreme Court before becoming final.
- If the Supreme Court does not uphold the sentence (Article 11), the case is sent back to the court of first instance for retrial before a different panel of judges.
Special Categories
- Juveniles: Article 12 states that investigation and trial of juveniles follow specific laws and regulations separate from the standard criminal procedure.
- Contempt of court: Article 20 gives courts authority to deal directly with acts that violate court orders or attempt to influence judges, parties, or witnesses.
Practical Advice for Expats
- Hire a lawyer early — ideally before the investigation phase concludes.
- Use a licensed translator for all court documents.
- Keep your embassy informed at every stage.
- Understand that pardons matter — in some cases, particularly those involving private rights, a victim's pardon can significantly affect proceedings.
- Do not attempt to influence proceedings — Article 20 gives courts broad authority to punish contempt.