Saudi Law of Criminal Procedure (Royal Decree No. M/2 of 1434 H)

المادة 1

Courts shall apply Sharia principles to cases brought before them, as derived from the Quran and Sunnah as well as laws promulgated by the State that are not in conflict with the Quran and Sunnah, and shall adhere to procedures stipulated in this Law.

المادة 2

No person may be arrested, searched, detained or imprisoned except in cases provided by law. Detention or imprisonment may be carried out only in places designated for such purposes and for the period prescribed by the competent authority. A person under arrest may not be subjected to any bodily or moral harm, nor torture or degrading treatment.

المادة 3

No penalty may be imposed on any person except upon conviction of an act in violation of Sharia or law following a trial in accordance with Sharia principles.

المادة 4

1- An accused person may seek the assistance of an agent or an attorney to defend him during investigation and trial. 2- The regulations of this Law shall set forth the rights of the accused which he must be made aware of.

المادة 5

If a case is filed with a court, it may not be transferred to another court or authority, nor withdrawn prior to judgment thereon. A case shall be deemed filed as of the date of registration with the court.

المادة 6

Courts shall try the accused for the offenses he is charged with in accordance with Sharia principles as well as procedures provided for in this Law. The court may consider facts not raised by the public prosecutor, if no investigation is necessary.

المادة 7

Trial hearings, including the hearing set for the pronouncement of the sentence, shall be attended by the required number of judges, failing which the chief of the court shall assign a judge to complete the quorum. If this Law of Criminal Procedures proves unattainable, the Chairman of the Supreme Judicial Council shall assign a judge for this purpose.

المادة 8

Deliberations of judges shall be conducted in a closed session, and each judge shall state his opinion before a decision is rendered. Decisions shall be rendered either unanimously or by majority vote. A dissenting judge shall state his views and grounds therefor in the minutes. The majority shall state their opinion in their response to the dissent in the minutes. Participation in the deliberations shall be restricted to judges attending the proceedings.

المادة 9

Judgments may be appealed in accordance with provisions provided for in this Law.

المادة 10

Sentences of death, stoning, amputation, or qisas in cases requiring capital punishment or less, that have been rendered or upheld by the appellate court shall not be deemed final unless upheld by the Supreme Court.

المادة 11

If the Supreme Court does not uphold the sentence before it in application of Article 10 of this Law, said sentence shall be overturned and the case shall be remanded to the court of first instance for retrial by other judges.

المادة 12

Investigation and trial of juveniles shall be conducted in accordance with relevant laws and regulations.

المادة 13

The Bureau of Investigation and Public Prosecution shall conduct its investigation and public prosecution in accordance with its Law and Implementing Regulations.

المادة 14

All law enforcement officers shall execute orders issued by judicial entities under this Law, and may use any appropriate means for this purpose.

المادة 15

Pursuant to its Law, the Bureau of Investigation and Public Prosecution shall have jurisdiction to initiate and pursue criminal actions before competent courts.

المادة 16

The victim (or representative) or his heirs – in case of death – may initiate a criminal action with respect to all cases involving a private right, and shall pursue such case or action before the competent court. In such a case, the court shall summon the public prosecutor.

المادة 17

No criminal action may be initiated nor investigation proceedings carried out in crimes involving a private right for individuals, except upon a complaint filed by the victim (or representative) or his heirs – in case of death – with the competent authority, unless the Bureau of Investigation and Public Prosecution decides that the filing of such action and the investigation into such crimes serve public interest.

المادة 18

If the court finds a conflict between the interest of the victim, or his heirs, and the interest of his representative, such representative shall be prevented from continuing the proceedings and another representative shall be appointed.

المادة 19

If the court establishes in a case pending before it that it involves suspects other than those being prosecuted or facts related to the charge in question, it shall notify the complainant accordingly in order to complete the proceedings set forth in this Law.

المادة 20

Upon committing acts which violate court orders or constitute contempt thereto, or influence its judges, parties to the case or witnesses in connection with a case pending before it, the court shall consider said acts and render judgment thereon in accordance with Sharia principles.

المادة 21

A member of the Bureau of Investigation and Public Prosecution may not assume or decide on any case in the following events: Law of Criminal Procedures 1- if said member is the victim or the spouse, relative or in-law up to the fourth degree of any litigant; 2- if enmity or affinity exists between said member and any of the litigants which may influence the course of investigation; or 3- if he has previously contributed to the case as an expert, arbitrator, agent, witness or the like. End of Criminal Action

المادة 22

A public criminal action shall lapse in the following events: 1- issuance of a final judgment; 2- grant of pardon by the King on pardonable matters; 3- repentance which relieves from punishment in accordance with Sharia principles; or 4- death of the accused. The lapse of a public criminal action shall not impede the continuation of a private right action.

المادة 23

A private criminal action shall lapse in the following two cases: 1- issuance of a final judgment; or 2- grant of pardon by the victim or his heirs. The grant of pardon by the victim or his heirs shall not preclude proceedings of public criminal action.

المادة 24

Preliminary criminal investigation officers shall be in charge of pursuing offenders and collecting information and evidence necessary for investigation and indictment.

المادة 25

Preliminary criminal investigation officers shall, in conducting their duties as provided for in this Law, be subject to the supervision of the Bureau of Investigation and Public Prosecution. The Bureau may ask the competent authority to consider any violation or omission by any officer and may request that disciplinary action be taken against him, without prejudice to the right to initiate criminal prosecution.

المادة 26

Proceedings relating to preliminary criminal investigation shall be conducted by the following persons, each within their jurisdiction: 1- members of the Bureau of Investigation and Public Prosecution; 2- directors of police stations and their assistants in cities, counties, and townships; 3- officers across all military sectors, with respect to crimes falling within their respective jurisdictions; 4- governors of counties and administrators of townships; 5- captains of Saudi vessels and airplanes, with respect to crimes committed on board; 6- heads of centers of the General Presidency for the Promotion of Virtue and Prevention of Vice, with respect to matters falling within their jurisdictions; 7- employees and other persons entrusted with the powers of preliminary criminal investigation pursuant to special regulations; and 8- agencies, committees and persons assigned to conduct investigation pursuant to relevant laws.

المادة 27

Preliminary criminal investigation officers shall, each within their jurisdiction, receive reports and complaints with respect to all crimes. Said officers and their subordinates shall review such reports and complaints; include relevant information in a report signed by them; summarize and date the same in a special register; and promptly notify the Bureau Law of Criminal Procedures of Investigation and Public Prosecution. The preliminary criminal investigation officer shall move to the crime scene to maintain its integrity and seize all that may be relevant to the crime, preserve evidence, and take necessary action. He shall record procedures carried out in a special report signed by him and his assistants.

المادة 28

During collection of information, the preliminary criminal investigation officers shall hear statements of those who may possess information with respect to facts and perpetrators of crimes, question any suspect and record the same in their reports. They may seek the assistance of experts, including physicians, and require their opinion in writing.

المادة 29

A complaint filed by a person sustaining injury as a result of a crime shall be considered as a claim of his private right, unless he expressly waives such right before the investigator. The investigator shall record such waiver in the report and have it witnessed. In case of qisas and defamation, such waiver shall be attested by the compe tent court. Flagrante Delicto

المادة 30

A crime shall be deemed flagrante delicto if the perpetrator is caught in the act of committing such a crime, or shortly thereafter. It shall also be deemed flagrante delicto if the victim or a shouting crowd is found pursuing another person subsequent to the commission of the crime, or when the perpetrator is found shortly thereafter in possession of tools, weapons, property, equipment, or other items indicating that he is the perpetrator or accomplice thereto, or if, at the time, marks or signs indicating the same are found on his person.

المادة 31

In case of flagrante delicto, the preliminary criminal investigation officer shall promptly move to the scene of the crime to inspect and preserve material evidence and establish the conditions of the locations and persons and all that may reveal the truth. He shall take statements of those present and any person in possession of information relevant to the crime and its perpetrator. He shall promptly notify the Bureau of Investigation and Public Prosecution of his movement to the crime scene.

المادة 32

In case of flagrante delicto, the preliminary criminal investigation officer may, upon his arrival at the crime scene, prevent persons present from leaving the scene until a report is drafted. He may immediately summon any person in possession of information relevant to the crime. If any person present at the scene fails to comply with the order of the preliminary criminal investigation officer, or if the person summoned refuses to appear, a note to that effect shall be included in the report and the violator shall be referred to the competent court to take appropriate action. Arrest of the Accused

المادة 33

In case of flagrante delicto, the preliminary criminal investigation officer shall arrest the accused against whom sufficient evidence exists for charging him with the crime. A report to that effect shall be drafted and the Bureau of Investigation and Public Prosecution shall be promptly notified. In all cases, the arrested person shall not be detained for more than twenty four hours, except upon a written order by the investigator. If the accused is not present, the preliminary criminal investigation officer shall issue an order for his arrest and a note to that effect shall be included in the report.

المادة 34

The preliminary criminal investigation officer shall immediately hear the statement of the arrested person. If there is sufficient evidence for accusation, the officer shall, within twenty four hours, refer the accused, along with the report to the investigator who shall, within twenty four hours, interrogate him and order his detention or release.

المادة 35

In other than flagrante delicto cases, a person may not be arrested or detained without an order from the competent authority.

المادة 36

1- A detainee shall be treated with dignity and may not be subjected to any bodily or moral harm. He shall also be informed of the reasons of his detention, and he may contact any person of his choice to inform him of his arrest. 2- If the investigator decides to keep an employee in detention, the employer of said detainee shall be promptly notified. 3- A woman shall give her statement and be interrogated and investigated in the presence of a mahram (i.e. a male relative precluded from marrying her). If not possible, this shall be conducted in a manner that precludes khalwah (i.e. being alone with a male investigator).

المادة 37

No person may be detained or imprisoned except in places legally designated for such purpose. The administration of any prison or detention center may not receive any person except pursuant to an order specifying the grounds and period for such imprisonment or detention and duly signed by the competent authority. Said person may not remain in custody following the expiry of the period specified in the order.

المادة 38

Designated members of the Bureau of Investigation and Public Prosecution shall, at any time and without regard to official hours, visit prisons and places of detention within their jurisdiction to ensure that no person is unlawfully imprisoned or detained. They shall have access to files of the prisons and detention centers, communicate with prisoners and detainees, hear their complaints, and receive whatever they submit in this regard. Wardens of prisons and detention centers shall provide members of the Bureau of Investigation and Public Prosecution with any assistance they may need for the discharge of their duties.

المادة 39

Any prisoner or detainee may submit, at any time, a written or oral complaint to the warden of prison or detention center and request that he refer it to a member of the Bureau of Investigation and Public Prosecution. The director shall accept the complaint and promptly report it, upon entering such complaint in a special register, and provide the prisoner or detainee with proof of receipt. The administration of the prison or detention center shall allocate an office for Law of Criminal Procedures the designated member of the Bureau of Investigation and Public Prosecution to monitor the conditions of prisoners or detainees.

المادة 40

Any person with knowledge that a person is unlawfully imprisoned or detained, or held in a place not designated for imprisonment or detention, shall notify the Bureau of Investigation and Public Prosecution. Upon notification, the competent member of the Bureau shall immediately proceed to the place where the prisoner or detainee is held and conduct the necessary investigation. If such imprisonment or detention is found to be unlawful, he shall order the release of such person. A report to that effect shall be drafted and submitted to the competent authority to take necessary legal action against those responsible. Search of Persons and Dwellings

المادة 41

The privacy of persons, their dwellings, offices and vehicles shall be protected. The privacy of a person shall include his body, clothes, property and belongings. The privacy of a dwelling covers any fenced area or any other place enclosed within barriers or intended to be used as a dwelling.

المادة 42

A preliminary criminal investigation officer may not enter or search any inhabited place except in cases provided for in the law, pursuant to a reasoned order issued by the Bureau of Investigation and Public Prosecution. Places other than dwellings may be searched pursuant to a search warrant issued by the investigator stating reasons therefor. If the owner or occupant of a dwelling denies or resists entry of the preliminary criminal investigation officer, said officer may use all lawful means, as the case may be. A dwelling may be entered in case of a request for help from within, or in case of a demolition, drowning, fire, or the like, or in immediate pursuit of a perpetrator.

المادة 43

A preliminary criminal investigation officer may search the accused in the situation where it is lawful to arrest him. The search may include his body, clothes and belongings. If the accused is a female, the search shall be conducted by a female assigned by the preliminary criminal investigation officer.

المادة 44

In case of flagrante delicto, a preliminary criminal investigation officer may search the dwelling of the accused and seize any items that may help determine the truth if there is credible evidence that such items exist therein.

المادة 45

If it appears from circumstantial evidence during the search of a dwelling of the accused that he, or any other person who has been present therein, is concealing any relevant evidence, the preliminary criminal investigation officer may search such person.

المادة 46

The search shall be limited to items relevant to the crime under investigation or inquiry. If such search incidentally reveals items the possession of which constitutes a crime or leads to solving another crime, the preliminary criminal investigation officer shall seize such items and record the same in the search report.

المادة 47

A dwelling shall be searched in the presence of the owner, his designee or a competent member of the family residing with him. If no such person is present, the search shall be conducted in the presence of the Umda (Chief) of the quarter or an equivalent officer or two witnesses. The owner of the dwelling, or designee, shall be shown the search warrant and the same shall be entered into the report.

المادة 48

The search report shall include the following: 1- name of the officer who conducted the search, his position and signature as well as date and time of the search; 2- the text of the search warrant or the exigent circumstances that necessitated the search without a warrant; 3- names and signatures of persons present at the time of the search; 4- an accurate description of seized items; and 5- all actions taken during the search and those taken with respect to seized items.

المادة 49

The preliminary criminal investigation officer may not open sealed or closed documents found in the dwelling of the accused. A statement to this effect shall be entered into the search report and such documents shall be submitted to the relevant investigator.

المادة 50

1- Prior to leaving the location subject of the search, seized items and documents shall be kept in a safe and locked place, and shall be sealed and tied together whenever possible. The date of the seizure and a reference to the crime shall be indicated in the seal. 2- Seized items shall be kept with the competent investigation authority in a safe and secure place designated for such purpose. Storage of such items shall be carried out according to the nature of each seized item. A special record shall be maintained for seized items, stating item number, case number, type and names of parties involved, case summary, item description and action taken. Such places shall be monitored and inspected by the Bureau of Investigation and Public Prosecution.