Implementing Regulations of the Law of Criminal Procedures
The following terms and expressions, used herein, shall have the meanings assigned to them, unless the context requires otherwise:
Law: The Law of Criminal Procedures
Regulations: The Implementing Regulations of the Law
Council: The Supreme Judicial Council
Ministry: The Ministry of Justice
Bureau: The Bureau of Investigation and Public Prosecution
Serious Crimes: Crimes mandating detentionpursuantto Article (112) of the Law.
Initiation of Criminal Action
1- The Bureau serves a letter to the court naming public prosecutors authorized to initiate a public criminal action before the court.
2- In pursuing a public criminal action before the competent court, the prosecution’s duties and responsibilities shall include presenting arguments and evidence and bearing the burden of proof.
1- The criminal action referred to in Article (16) of the Law is the civil criminal action that involves both civil and public rights.
2- The defendant in a civil criminal action shall not be summoned to appear before the court unless the action is valid and legally enforceable in terms of jurisdiction and capacity.
3- The prosecution shall be summoned to appear before the court for the civil criminal action referred to in paragraph (1) of this Article pursuant to a memorandum that includes names and addresses of claimant and defendant, description of the charges, copy of the statement of claim and the hearing date. If the prosecution fails to appear before the court after being summoned, this shall be entered into the case minutes and the court shall proceed with the civil right action.
1- Crimes involving a civil right for individuals, referred to in Article (17) of the Law, are the crimes where the harm is limited to the victim.
2- If a crime involves more than one victim, the complaint filed by any of them shall suffice to initiate a public criminal action.
3- If a crime involves several perpetrators and a complaint is filed against any of them, a public criminal action may be initiated against the others.
1- The victim and his heirs referred to in Article (18) of the Law shall mean those who partially or totally lack legal capacity.
2- A court considering a criminal action shall enter into the case minutes any action taken regarding any conflict of interest observed between the victim or his heirs, and their representative.
1- The action referred to in Article (19) of the Law shall mean the public criminal action.
2- The court shall notify the plaintiff, in both cases set forth in Article (19) of the Law, verbally in his presence, and shall enter the same into the case minutes. If absent, however, a formal notification shall be sent to him.
3- The plaintiff shall, upon completion of the required proceedings set forth in Article (19) of the Law, notify the court of procedures taken.
1- The acts referred to in Article (20) of the Law shall mean acts not occurring during a hearing session. However, acts occurring during a hearing session shall be subject to the provisions of Chapter Three of Part six of the Law and the provisions of Chapter Three of Part six of the Regulations.
2- If consideration of such acts requires more than one judge, the judicial circuit considering the criminal action shall refer them to a competent judicial circuit that has the required number of judges.
3- Consideration of such acts shall be entered into a separate record, unless the circuit decides to enter it into the original case minutes.
1- In-law relationships, set forth in paragraph (1) of Article (21) of the Law, shall be deemed existing regardless of current marital status.
2- Enmity that prevents a Bureau member from considering or deciding on any case is the enmity resulting from a cause not related to the case.
3- Any party to the case may request the head of a Bureau branch – in cities with branches – or heads of the investigation circuits in counties to recuse the investigator prior to or during the investigation procedures, providing grounds therefor. The head of the branch or circuit may accept such request or reject it, providing grounds therefor.
In civil criminal actions, a case shall be deemed initiated from the date of filing the statement of claim with the court.
Termination of Criminal Action
1- If a public criminal action terminates prior to filing before the court, the head of the investigation circuit shall issue an order to close the case pursuant to the provisions of Article (63) of the Law and Article (42) of the Regulations, or to close the case pursuant to the provisions of Article (124) of the Law and Article (87) of the Regulations, as the case may be.
2- Termination of a public criminal action due to the death of the accused shall not preclude the investigation or completion thereof by the investigating authority.
3- Termination of a public criminal action shall not preclude confiscation procedures of items subject to confiscation.
4- Pursuant to Article (22) of the Law, termination of a public criminal action against one of the accused shall not preclude continuation of the action against the others.
1- In a civil criminal action involving multiple victims or heirs, a pardon by some shall not affect the rights of the others to proceed with the action.
2- When attesting the victim or the heirs’ pardon, the
provisions of Article (29) of the Law and Article (17) of the Regulations shall
be taken into consideration.
Preliminary Investigation Procedures
Collection and Recording of Information and Flagrante Delicto
The competent authority referred to in Article (25) of the Law is the authority with which the preliminary criminal investigation officer is affiliated.
Pursuant to paragraph (2) of Article (26) of the Law, preliminary criminal investigation shall be carried out by heads of police stations and their assistants.
Preliminary criminal investigation officers, in carrying out their duties, may seek the assistance of public officers, whenever appropriate.
1- Criminal investigation officers, each within their jurisdiction, shall receive reports of crimes and complaints, whether verbal or written and whether from a known or unknown source.
2- If the report or complaint is presented to an investigation authority lacking territorial jurisdiction, the report shall be registered and referred to the competent investigation authority.
3- Reports and complaints records at the investigation authority shall include a summary of the report or complaint, its date and time, complainant’s name, if any, name of recipient, and measures taken.
1- The preliminary criminal investigation officer shall, upon inspection of the crime scene in accordance with Article (27) of the Law, prepare minutes that include the following:
A) Measure taken and its date, time and location.
B) Clear description of the location and the crime.
C) A list and description of seized items.
D) Signatures of persons providing testimonies.
(E) Signature of the attending preliminary criminal investigation officer and his assistants.
2- The preliminary criminal investigation officer shall present proof of his identity and capacity when exercising his jurisdiction pursuant to the Law and Regulations, unless he is in uniform.
3- The preliminary criminal investigation officer may, if necessary, exercise his duties beyond his territorial jurisdiction if collection of evidence in the case so requires.
4- The crime report submitted to the Bureau by the preliminary criminal investigation officer shall include a summary of the crime, its location and time of occurrence. If submission of the report is delayed, the Bureau may investigate the cause of such delay.
5- Investigative measures by the Bureau shall not preclude the preliminary criminal investigation officer from performing his duties in collecting evidence and necessary clarifications as well as any other investigative acts. A report of the findings obtained shall be submitted to the Bureau.
1- If the claimant of civil right waives his right, the public criminal action may not be filed, unless pursuant to provisions of Article (17) of the Law and Article (4) of the Regulations.
2- Waiver of right in cases of qisas and qadhf shall be attested by a competent judicial circuit.
3- The competent judicial circuit shall enter the waiver of qisasin the minutes and issue a decree of the same. As for cases of Qadhf, the circuit may decide to only enter the waiver in the minutes. In both cases, an endorsement to such effect shall be entered in the investigation report, if available.
4- The waiver of qisas may be recorded and attested by any competent judicial circuit, even if the original case is not reviewed by such circuit. The circuit attesting the waiver shall send the decree to the circuit reviewing said case.
For the purpose of drafting a report pursuant to Article (32) of the Law, the preliminary criminal investigation officer may not hinder rescue efforts for injured persons at the crime scene.
Arrest of the Accused
1- Sufficient evidence referred to in Article (33) of the Law is prima facie evidence, including compelling signs and presumptions, warranting accusation of a person, as determined by the preliminary criminal investigation officer.
2- Notification of the preliminary criminal investigation officer to the Bureau concerning arrest of an accused in case of flagrante delicto, pursuant to Article (33) of the Law, shall be in accordance with a memorandum that includes the name of the arrested person; time, date, location and type of the crime; and grounds for arrest.
The twenty-four-hour period, referred to in Article (34) of the Law, for the preliminary criminal investigation officer shall start upon arrest of the accused. However, for the investigator, it starts once the accused appears before him.
1- The arrest warrant, referred to in Articles (33 & 35) of the Law shall indicate the warrant date, issuer’s name and position, the accused’s name and surname -in a manner that precludes confusion with others-, the charge brought against him and any available information about his profession, place of residence and nationality.
2- The preliminary criminal investigation officer executing the arrest warrant may enter the dwelling of the accused if provided for in the warrant. He may enter other dwellings for the same purpose in pursuit of the accused.
3- The officer executing an arrest, pursuant to Article 33 or Article 35 of the Law, may take necessary measures to execute the arrest and address any resistance, within the confines of the law. He may also search the arrested person to disarm him from any weapons or any other items he may use to resist arrest or inflict harm to himself or others, seize such items and record the same in the minutes.
4- In serious crimes, the preliminary criminal investigation officer shall separate the accused from others upon arrest pending referral to the investigator.
When arrested or detained, the accused shall be informed of the following:
A) Reasons for detention or arrest.
B) His right to seek the assistance of an attorney or an attorney-in-fact during investigation and trial.
C) His right to contact any person he may choose to inform him of his arrest or detention.
The accused shall sign a statement to prove his knowledge of the abovementioned rights. If he refuses to sign, a report shall be drafted to this effect.
1- The detainee may contact any person of his choice in the manner deemed appropriate by either the preliminary criminal investigation officer or the investigator, depending on the nature and circumstances of the case.
2- Notification of the employer of a detained employee shall, pursuant to paragraph (2) of Article (36) of the Law, be made by the issuer of the detention extension order.
1- Reasons for detention during investigation are:
A) If detention relates to a serious crime.
B) If the interest of the investigation requires detention of the accused.
C) If the accused does not designate an address acceptable to the investigator.
D) If it is feared that the accused may flee or disappear.
E) If the accused fails to guarantee his appearance if so requested.
2- If the detention period exceeds five days, the detention center shall notify the authority issuing the detention order at least seventy-two hours prior to its lapse. If the detention period is less than five days, the detention center shall notify the authority issuing the detention order within ample time prior to its lapse. In both cases, if the detention center does not receive an extension order at the end of the detention period, said center shall immediately release the detainee and notify the authority issuing the detention order accordingly.
3- A female detainee shall, in case of flagrante delicto or a detention order, be detained in a female detention center.
4- Detention of juveniles shall be in accordance with relevant laws and regulations.
1- If the Bureau member in charge of inspection of prisons and detention centers finds an unlawfully imprisoned or detained person, he shall report such matter to the head of his investigation circuit to take necessary action pursuant to Article (40) of the Law.
2- If a prisoner or detainee presents a complaint to the Bureau member in charge of inspection of prisons and detention centers, he shall be entitled to a receipt.
3- Any place designated for detention, imprisonment or the like shall be subject to the Bureau’s supervision and inspection in accordance with this Law and the Law of the Bureau of Investigation and Public Prosecution.
4- The detention center shall submit to the Bureau a daily report with the detainees’ names, detention time, reasons and period spent in detention.
5- Prisons or detention centers shall include in their files, as referred to in Article (38) of the Law, name of the prisoner or detainee, as the case may be, date and duration of detention or imprisonment, number and date of judgment rendered against the convict and the date and number of imprisonment or detention order, and the name of the issuing authority.
6- The files referred to in Article (38) of the Law may be in a paper or electronic format. Communication with prisoners or detainees and hearing their complaints shall be in any manner deemed appropriate by the Bureau.
1- If the prisoner or detainee makes a verbal complaint to the warden of prison or detention center, the warden shall draft a report to this effect signed by the complainant, indicating the complaint and reasons therefor. The complaint shall be accompanied by a summary of the file of the prisoner or detainee and presented to the Bureau member in charge.
2- Competent Bureau members shall, upon inspection of prisons and detention sites, ensure the existence of a registry for prisoners or detainees’ complaints, examine it, and affix their signatures to the last page.
1- An oral or written report of a person imprisoned or detained unlawfully or in a location not designated for imprisonment or detention, as per Article 40 of the Law, shall be accepted regardless of the interest of the reporter. A report to this effect shall be drafted and shall include the personal information of the reporter.
2- Notifying the Bureau of a person imprisoned or detained unlawfully or in a location not designated for imprisonment or detention shall be made by notifying the head of the relevant branch or circuit, who shall immediately assign a Bureau member to inspect the site where the prisoner or detainee is held and take necessary action, pursuant to Article 40 of the Law.
Search of Persons and Dwellings
1. Search orders of dwellings shall be issued by the head of the Bureau’s branch in the province, or his designee.
2. Search warrants for non-dwellings shall be issued by an investigator with subject-matter and territorial jurisdiction.
3. Search orders and warrants shall be issued in writing, and shall include the name, title and signature of the issuer; the date and time of issuance; and the place to be searched. The search order or warrant shall specify a period not exceeding seven days for execution of the search and shall provide grounds proving the crime and justifying the charges or refer to justifications provided in the report of the preliminary criminal investigation officer.
4. A search shall be valid only if it relates to a crime believed to have occurred based on sufficient evidence.
1. The Bureau member in charge of the investigation may conduct the search himself, or assign an authorized preliminary criminal investigation officer to do the same. The assignment order may be issued without prior investigation and without specifying the name of the assigned officer. In such case, any authorized preliminary criminal investigation officer may conduct the search. If the order specifies a certain officer, no other officer may conduct the search.
2. A search warrant or order may not be executed upon the lapse of its term.
3. A search warrant or order shall be valid for a single search. If a need for a second search arises, a new search warrant or order must be issued. Prior grounds and inquiries shall be adequate and effective.
4. An officer executing a search order shall notify the dwelling’s owner or his representative of his identity and purpose and present the order to said individual. Entry into the dwelling shall, whenever possible, be through the door, at the discretion of the officer.
5. Only the accused may be searched unless sufficient indicators point to others’ involvement in the crime subject of the search warrant.
6. Entry into a dwelling, in accordance with Article 42 of the Law, to conduct a certain procedure does not warrant the conduct of any other procedure, unless pursuant to provisions of the Law and its Regulations.
1. Searching the accused, in accordance with Article (43) of the Law, shall include his body and objects attached thereto or hidden therein, movables in his possession, means of transportation, including all items possessed or controlled by the accused. Searching may be conducted by-hand and/or electronically.
2. If the accused refuses to be searched, the officer may take any necessary measures for conducting such search.
3. The search report shall state the name and address of the female officer assigned to search the female accused, as well as particulars necessary to establish her identity. The report shall be signed by said officer.
4. The female accused shall be searched in an area secluded from males. The search may not be carried out if she voluntarily surrenders the items searched for, unless the search is justified.
The search must stop immediately upon finding the crime-related items subject of the search.
1- If the dwelling’s owner, designee or a competent family member residing with him fails to be present at the time of search, the search shall be conducted in the presence of the Umda (Chief) of the quarter or an equivalent officer if so requested by the search officer.
2- Determination of failure to be present and the person equivalent to the Umda, provided in Article (47) of the Law, shall be at the discretion of the investigator or the officer executing the search.
1- The search report, referred to in Article (48) of the Law, shall be drafted even if the search does not yield any seized items.
2- The search report shall be written in Arabic and drafted without stricken off, crossed, obliterated, inserted or added words or phrases. If any of the foregoing occurs, the report shall be signed by the author of the report and the executing officer. If a translator is needed, it shall be indicated in the report, and said translator shall sign the report.
3- The search report shall include, in addition to what is provided for in Article (48) of the Law, an accurate description of the searched place, items found, their locations, and circumstances thereof, as well as any aspect that may be useful in establishing or negating the charge.
The name of the female accompanying the officers searching the dwelling where only the female accused is present shall be recorded in the search report, along with her address and necessary particulars to establish her identity. Her statement may be recorded in such report, if necessary.
1- Before leaving the search site, the preliminary criminal investigation officer shall seal the areas where evidence is found and seizure is not possible or place such areas under protection. The Bureau shall be immediately notified of the same, and the relevant Bureau member may approve such measure if he deems it necessary.
2- Seizure of weapons shall be carried out pursuant to established procedures and rules. If seized items are suspected to be explosives, an explosives expert shall identify their type and seize such explosives. With respect to drugs, the instructions related to its seizure and laboratory analysis shall be complied with.
1- In case of seizure of cash money, it shall be itemized, counted and deposited with the relevant agency. If valuable items, such as jewelry, are seized, they shall be itemized, described, photographed, measured to determine their weight and quantity and shall be recorded in minutes signed by the officer executing such seizure and deposited with the relevant agency.
4- The number of seizures and seized items shall be proportionate to the number of accused persons, types and places of seized items even if there is a sole accused person. All items containing or potentially containing traces of poison, blood or otherwise shall be seized.
5- Delivery of items seized at places stated in paragraph (2) of Article (50) of the Law shall be in accordance with minutes signed by the deliverer and recipient which includes number and description of such items, number of relevant casefile, as well as type and a brief summary thereof, and names of parties. Such report shall be included in the casefile and a copy thereof shall be deposited in a special record at the relevant agency carrying out the preliminary investigation.
6- Agencies in charge of keeping seized items may not dispose any such items only upon receiving the Bureau’s written authorization. Such authorization shall be issued by the competent Bureau branch or investigation department as the case may be.
1- Pursuant to Article (51) of the Law, seals of seized items shall be broken by the investigator who shall verify the integrity of the seal prior to breaking them and record the same in a report. Upon breaking the seal, inspecting seized items and taking all required procedures, the items shall be resealed. A separate report to this effect shall be prepared by the investigator.
2- The investigator shall, pursuant to a report, prove the timely summoning of the accused, his representative, or the person found in possession of the seized items to attend the breaking of the seals.
Seizure of Mail and Monitoring of Conversations
The provision of Article (56) of the Law shall include modern private electronic communication means.
1- Pursuant to Article (57) of the Law, all seized items (letters, correspondences, publications, and packages) shall be listed in a report signed by the executing officer, providing a detailed description of the seized items as well as the time and place of the seizure.
2- Monitoring or recording of means of communication shall end with realization of the intended purpose, even if the period specified in the order or authorization has not expired.
Upon the order of the Chief of the Bureau to monitor and record letters, correspondences, publications and packages, or his authorization to monitor and record telephone conversations, relevant agencies shall provide all available resources to fulfill such order.
Pursuant to Article (59) of the Law, the investigator or his designee shall inform the accused of the content of correspondence and mail and telegraph messages.
A person aggrieved by any of the persons referred to
in Article (61) of the Law unlawfully divulging information on seized items and
documents has the right to file with the competent court a lawsuit against such
Actions of the Investigator
1- The order to close a case, as stipulated in Article (63) of the Law, shall be in writing and shall provide grounds for such closure.
2- The closure order shall be prior to any investigative procedure and shall be deemed an administrative procedure. The Bureau may recant such order at any time.
The investigator shall notify, in writing, the victim and the civil suit claimant, or heirs thereof, as applicable, of the closure of the case. This shall be entered in a special record signed by the notified person.
1- The assignment stipulated in Article (66) of the Law shall only be valid if it is explicitly issued in writing by the authorized officer, indicating the name, title, and signature of the issuer, date of assignment, and name(s) of the accused, and such assignment may not include investigation of the case as a whole.
2- If the assignment referred to in the preceding paragraph involves a preliminary criminal investigation officer, the assignment may not specify the name of such officer and his job title shall be deemed sufficient. In such case, any competent preliminary criminal investigation officer may carry out such assignment. However, if the officer is specifically named, only said officer may carry out the assignment, unless the assignment order explicitly authorizes him to assign another person.
Assessment of cases of urgency, referred to in Article (67) of the Law, shall be subject to the assignee’s discretion, and the monitoring of the Bureau.
- Inquiries of relevant government agencies shall be directed to the Bureau or to the agency handling the case in question, provided that the inquiries or answers thereto do not affect the investigation or procedures thereof.
- Informing relevant government agencies about the investigations and findings thereof regarding cases investigated by the Bureau shall not be considered disclosure of confidential information as referred to in Article 68 of the Law.
- If the investigator accepts the claim of a civil suit claimant, pursuant to paragraph 1 of Article 69 of the Law, he shall include it in the casefile and refer to it in the indictment.
- Individuals referred to in paragraph 2 of Article 69 of the Law shall attend investigation proceedings upon being duly notified. The investigator may, in exigent circumstances, prevent any of said individuals from attending any of the investigation proceedings and shall include grounds therefor in the report. Once such circumstances end, said individuals shall be informed of any action taken in their absence.
- If the accused has more than one agent or attorney, they may attend the investigation. The investigator may choose one of them to attend the investigation as he deems appropriate.
- The individuals referred to in paragraph 2 of Article 69 of the Law may not disclose any confidential information pertaining to the investigation.
- Notification to the court, referred in Article 72 of the Law, shall include the names of the victim, civil suit claimant, the accused and the charge.
- The Court shall, regarding the notification referred to in paragraph 1 of this Article, implement the provisions of paragraph 2 of Article 106 of the Regulations.
Requests filed during the investigation shall be written, dated and signed by the filing party. The investigator shall decide on such requests within five days from the date of entry into the record. In exigent circumstances, the investigator shall decide thereon within 24 hours. In all cases, the investigator shall record the parties’ requests in the investigation report.
Assignment of Experts
1- The investigator may, in writing, assign an expert to provide an opinion on any matter relating to the investigation, in accordance with Article 76 of the Law. The assignment shall specify the task and period required for completion. The expert shall, while performing such task, be under the supervision of the investigator.
2- The investigator shall provide the expert access to items, papers and documents relating to the assigned task and shall provide him with the originals or copies thereof, as applicable, and shall make a note to this effect in the investigation report. In the absence of any material items, the investigator shall allow the expert to inspect the crime scene and search for evidence.
3- The assigned expert shall execute the task assigned to him; if he is personally assigned and the assignment is not based on his capacity, he must execute the task by himself and may not assign another person to do so.
1- Upon completion of his assignment, the expert shall, pursuant to Article 77 of the Law, submit a dated and signed report including a brief summary of the assignment and procedures of technical examination, inspection and analyses conducted as well as his reasoned and accurate observations and findings.
2- In case of multiple experts having different opinions, they shall submit a single report which shall include the opinion and grounds of each expert.
3- The investigator may discuss the expert’s report with him and summon him if necessary.
4- An expert assigned by any of the parties may ask the investigator to allow him access to items, papers and documents relating to the assigned task or request a copy thereof, at the discretion of the investigator.
5- Experts’ reports and attachments thereto shall be enclosed in the casefile.
1- Determination of the exigent circumstances referred to in Article 78 of the Law shall be at the investigator’s discretion.
2- If the investigator rejects the objection referred to in Article 78 of the Law, an objection regarding the same expert shall not be granted again unless there are grounds supporting such objection.
3- The investigator’s rejection of an objection to an expert shall not preclude his right to file such objection before the court when considering the case.
Moving to the Scene, Inspection, Search and Seizure of Items Related to the Crime
1- In case of a major crime, the investigator shall move to the crime scene immediately upon being notified to conduct the inspection even in the presence of doubts or disputes regarding his jurisdiction.
2- If the investigator is unable to move to the crime scene, in accordance with Article 79 of the Law, he shall notify the head of his department to take necessary action.
- The investigator shall personally inspect the crime scene and may assign any of the preliminary criminal investigation officers to do the same, subject to provisions governing assignments.
- The investigator shall appoint forensic experts to search for evidence that may help in the investigation, such as footprints, fingerprints or blood stains, examine clothing and other items, collect evidence relating to the crime, draw a sketch and take pictures of the crime scene as well as other necessary tasks.
- The investigator may, if necessary, repeat the inspection providing grounds therefor.
- The investigator shall, upon arrival, conduct a thorough and complete inspection of the crime scene, establish the conditions of persons, items and material evidence from the crime scene and hear preliminary information on how the crime was committed, time of its commission, identity of the perpetrator and witness.
- The investigator may seal the crime scene or any other area containing evidence.
- The investigator shall seize all items relating to the crime in accordance with applicable procedures.
The investigator may examine the parts of the victim’s body affected by the crime, unless such parts are the gentiles of a male adult or a minor or the victim is a female. In such case, the investigator shall assign an appropriate person to undertake the examination.
If the investigator finds that there is a need to view some documents relating to the case located at a government agency, which cannot be moved, he shall view such documents at their location and he may obtain copies thereof upon the approval of the officer-in-charge.
Seizure of funds and bank balances and inquiries thereon during the investigation stage shall be pursuant to a request submitted to the Saudi Arabian Monetary Authority by the head of the Bureau branch in the province or by an authority having the power to submit such request.
Pursuant to Article (84) of the Law, the investigator may not seize correspondences exchanged between the accused and his agent or counsel nor any papers or documents submitted to them by the accused if they are related to the defense of the accused.
Disposition of Seized Items
If the items found during the investigation are subject to confiscation, the investigator may order their seizure.
If seized items are unlawful or illegal or subject to confiscation, the investigator shall take necessary action for their destruction or confiscation, as applicable.
The investigator shall have the power to return seized items prior to filing the case before the court. If the case is filed, such power shall be vested with the head of the judicial circuit.
- The competent court provided for in Article (90) of the Law is the competent court stipulated in Article (88) of the Law.
- In case of a dispute or doubt as to who has the right to receive the seized items and the matter is referred to the competent court, pursuant to Article (90) of the Law, the court may decide thereon as it deems fit pursuant to Article (93) of the Law.
Notifying owners of seized items of their right to recover such items shall be in accordance with the notification provisions stipulated in the Law and the Regulations. If not feasible, such notification shall be carried out through a widely circulated local newspaper or through any other appropriate means of notification.
- The court provided for in Article (93) of the Law, within whose jurisdiction the investigation is conducted, is the competent court stipulated in Article (88) of the Law.
- In case of a dispute or doubt as to who has the right to receive the seized items and the matter is referred to the competent court and said court decides to refer the parties to litigation for lack of territorial jurisdiction, it shall refer the parties to the competent court having proper territorial jurisdiction.
The agency in charge of seizure shall indicate in its seizure reports the items that are perishable and the items the storing of which is costly.
Hearing of Witnesses
- Summoning of witnesses shall be carried out by any means the investigator deems appropriate.
- If the witness does not speak Arabic or speaks a dialect that is hard to comprehend, the investigator shall seek the assistance of a trusted interpreter.
- If the investigator finds the witness to be incompetent, he shall make a note to this effect, hear his statement and record it in the investigation report.
- If the investigator refuses to hear the witness’s testimony, he shall make a note to this effect in the investigation report, providing grounds therefor.
- The investigator shall ask the witness to provide information related to the investigation and shall allow him to speak freely and without interruption unless he deflects from the subject matter of the investigation.
6- Upon completion of the testimony, the investigator may question the witness to verify the validity of his testimony and shall not show any indication of doubt regarding his testimony. He shall also request clarification, as possible, from the witness regarding when, where and how the crime was committed as well as the perpetrator and motive for the crime.
The investigator shall record in the investigation report the witness’s testimony and answers to questions exactly as uttered, and shall, in addition to the information specified in Article (96) of the Law, record the name of the interpreter, if any, the parties present as well as the place, day, date and time of when the testimony was heard.
- The investigator may take whatever action he deems necessary to prevent attending witnesses from communicating with one another until he hears the testimony of each of them.
2- Confrontation, as specified in Article (98) of the Law, shall occur either by confronting the witnesses with each other or with the parties or by the investigator informing each person of the other person’s statements while they are present before the investigator. If each person insists on his statement, the investigator shall make a note to this effect in the report. If a person retracts his statement, he shall be questioned regarding such retraction. The investigator shall record any actions or statements of the confronted persons.
3- The investigator may conceal the identity of the witness and not confront him with the parties or other witnesses if he deems it to be in the interest of the investigation or the witness.
1. The validity of the witness’s excuse for not attending shall be subject to the investigator’s discretion pursuant to Article (100) of the Law.
2. If the witness resides outside the investigator’s territorial jurisdiction, the investigator may, pursuant to the provisions of the Law and these Regulations, assign another investigator to hear the witness’s testimony and answers regarding the facts of the case. If the investigator deems it necessary to hear such testimony himself, he may do so subject to the approval of the head of the Bureau branch in the region or the President of the Bureau, as the case may be, and record the same in the investigation report.
Interrogation and Confrontation
- The investigator may, if necessary, enter into a special report that the accused has retained counsel for the investigation stage.
- If the investigation involves a corporate person, it shall be conducted with its legal representative.
- Upon interrogation of the accused, the investigation report shall state the investigator’s name and position, name of the clerk, name of the interpreter, if any, and the names of attending parties, the report drafting place, date, day, and time, and the charge against the accused. The investigator shall record the name of the person providing the statement and his particulars. The report pages shall be numbered and clearly written without any stricken off, crossed, obliterated, inserted or added words or phrases, or blank spaces. If it is necessary to add to the statements, the clerk shall indicate this in the report margin. The report shall be signed by the investigator, the clerk, the person providing the statement and the interpreter, if any. Investigation and interrogation proceedings may be videotaped or audiotaped.
- The investigator shall verbally question the accused upon informing him of the charge against him. The investigator’s questions dictated to the clerk shall not be confusing or ambiguous. If the accused confesses, the confession shall be signed by the accused, the investigator, and the clerk. Then, the investigator shall question the accused in detail regarding the charge, and shall establish the truthfulness of his statements and the existence of supporting evidence. The answers of the accused shall be recorded exactly as uttered. If it appears to the investigator that the accused did not understand the question or if his answer is not relevant to the question, the investigator shall repeat such question and explain its meaning. If the accused insists on his answer, his answer shall be recorded along with the investigator’s comment thereon, provided such comment is distinguished from the answers of the accused.
- If the accused denies the charges leveled against him, the investigator shall verify his statements and defenses, then confront him with the evidence against him and discuss such evidence with him. If the investigation warrants re-interrogation of the accused, the investigator may do so without affecting his freedom to make his statements.
- If the accused refuses to answer or sign, the investigator shall record such refusal along with grounds therefor. This shall not preclude the issuance of a detention warrant – if the investigator deems necessary – and continuing the investigation proceedings.
- The investigator and clerk shall sign the bottom of each page of the report. The person providing the statement shall also sign the report after his statement is read to him.
- The investigator may, if he deems it necessary, interrogate
the accused outside the premises of the agency conducting the investigation, in
accordance with Article 102 of the Law, and shall make a note to this effect in
the investigation report.
- The agency where the accused is detained shall transport him to the place of interrogation and shall facilitate the investigator’s task if he decides to conduct the interrogation at its location.
- The confession of the accused, provided for in Paragraph (2) of Article (101) of the Law, shall be attested by a competent judicial circuit.
- The confession of the accused at the time of attestation shall be recorded as well as any signs deemed by the circuit to have an effect on his competency. A note to this effect shall be recorded in the investigation report.
Summons and Arrest Warrants
The person to be investigated shall, pursuant to Article (105) of the Law, be summoned at least 24 hours prior to the investigation date, except in exigent circumstances. The signature of the person receiving the summons shall be obtained. If he refuses to sign, a note to this effect shall be made on the summons. In all cases, the summons shall be returned to the investigator.
Pursuant to Article (107) of the Law, the issuance of an arrest warrant shall not necessarily require the detention of the accused.
- If the investigator decides to detain the arrested accused due to the inability to interrogate him immediately upon arrest, in accordance with Article (109) of the Law, he shall issue an order to this effect and state the reason for such inability in the investigation report.
- If the reason of the inability to interrogate the arrested accused is due to the investigator, the head of the of department to which the investigator belongs may assign another investigator.
The investigator, upon being notified of the accused’s objection to his transfer, in accordance with Article (111) of the Law, or of the inability to transfer him due to his health condition, shall immediately order his release or continuance of his detention until he can move to the place of arrest for interrogation. The investigator may assign the investigator charged with such task upon the approval of the President of the Bureau or the head of the branch of the Bureau in the province, as the case may be, or order his transfer despite his objection.
The detention warrant, issued pursuant to Article (113) of the Law of Criminal Procedures, shall include the following:
- Full name, nationality, occupation, place of residence of the person to be detained as well as the warrant issuance date.
- Name and signature of the investigator and the official seal of the issuing agency.
- Type of crime attributed to the accused.
- Grounds for the detention warrant.
- Date of arrest of the accused, if applicable.
- Detention period.
- Instruction to the warden of the detention center to place the accused under detention.
- The investigator shall maintain a copy of the detention warrant in the casefile.
- The detention entity shall allow the person provisionally detained to challenge his detention pursuant to Article (115) of the Law and shall submit such appeal to the competent authority.
- The challenge shall be submitted to the head of the investigation department if the detention warrant is issued by the investigator; to the head of the branch if extension of the detention was issued by the head of the department, and to the Chairman of the Bureau if the extension was issued by the head of the branch.
The grounds for the arrest or detention of the accused shall be stated in a report and the signature of the accused shall be obtained indicating his knowledge of such grounds; if he refuses to sign, this shall be recorded in the report.
- In case of multiple orders by the investigator to hold the accused incommunicado, the total period of such orders may not exceed 60 days.
- In case of an order by the investigator to hold the accused incommunicado, the accused’s contact with his agent or attorney shall be with the knowledge of the investigator.
A provisional release order – as stipulated in Article (120) of the Law – shall be issued only in the absence of sufficient evidence against him in a major crime.
In case of a provisional release order issued by the investigator, the accused shall undertake to appear if requested and shall designate a place – pursuant to the provisions of Article (121) of the Law – in the city of the court where the investigation falls within its territorial jurisdiction to receive the necessary notifications. This shall be recorded and kept in the casefile.
Without prejudice to the periods stipulated in Article (114) of the Law, issuance of a new arrest or detention warrant pursuant to Article (122) of the Law shall be in accordance with the procedures stipulated in the Law and its regulations.
- In case the court decides to release the detainee – pursuant to Article (123) of the Law – it shall issue a decision to this effect. It may condition such release on any guarantees it deems fit. The prosecutor’s objection to the decision shall be in accordance with the objection provisions prior to the rendering of a decision in the subject matter.
- If the court decides to detain the released accused – pursuant to Article (123) of the Law – it shall issue a reasoned, fixed-term detention order.
- The court shall enter the decision of release, detention or extension in the case record.
- The release decision shall contain the name of the issuing department, case reference number and date, case referral number and date, full name of the accused, his nationality, identification number and charge against him and reference to the grounds for issuing the decision with a note indicating that it is limited to the case for which it has been issued.
- The court shall inform the Bureau of the release decision immediately upon issuance.
- The prosecution’s objection to the release decision shall not stop its execution.
End of Investigation and Disposition of the Case
- Closure of the case – pursuant to Article (124) of the Law – shall be preceded by an investigation proceeding.
- Notification of all heirs of a civil suit claimant of the closure order shall be made through delivery of a certified copy of the notification form to them at the civil suit claimant place of residence prior to his death even if they have different places of residence.
- If the case involves seized items relating to the subject matter of the suit, the prosecution shall, if necessary, include in the indictment, prepared pursuant to Article (126) of the Law, any actions taken with regards to such seized items and his requests to the court with regards to such items.
- If, after filing the case before the competent court, a need arises to conduct additional investigation, the investigating entity shall carry out such investigation after informing the competent court of such need. It shall file a report to this effect to the court for inclusion in the casefile.
- If the court’s territorial jurisdiction to hear the case has
been determined according to the accused’s place of imprisonment or detention,
his release after the case has been filed before it shall not affect its
jurisdiction to hear the case.
- Subject to the provisions of Paragraph (1) of this Article, the Chairman of the Bureau or his designee may decide to commence a public criminal suit against the released accused at his place of residence or at the place where the crime has been committed, as public interest may dictate. The court’s jurisdiction shall be determined by filing the case before it.
The court hearing the criminal suit shall decide all matters necessary for the rendering of a decision of the suit even if it lacks territorial or subject matter jurisdiction.
1. The determination that a criminal suit depends on the outcomes of another criminal suit shall be in the discretion of the court hearing the criminal suit.
2. If the court decides that staying a suit heard by it the determination of which depends on the outcome of another criminal suit, it shall notify the court hearing the other criminal suit of the same.
Conflict of Jurisdiction
If a court or a circuit decides that it lacks jurisdiction to hear a lawsuit brought before it and that such lawsuit falls within the jurisdiction of another court or circuit, it shall refer the suit to the other court or circuit. If the latter court or circuit decides that it lacks jurisdiction to hear the suit, it shall petition the Supreme Court to designate the competent court or circuit.
a suit is brought before two courts or circuits and both claim jurisdiction to
hear it, each of them shall suspend hearing the suit and the court where the
suit was initially filed shall petition the Supreme Court to designate the
competent court or circuit.
Summoning of Parties
The judicial circuit hearing the suit may expedite the appearance date in a criminal suit and determine the grace period that the accused requests for preparing his defense.
If the accused’s place of residence cannot be located, despite seeking the assistance of relevant agencies, and the accused cannot be served to appear before the court, pursuant to Article (137) of the Law, the process server shall draft a detailed report to this effect to be deposited along with the original service of process with the department of process servers at the court and shall deliver a copy of such process together with the report to the relevant governorate, county or center – as applicable – upon obtaining its signature on the original process, subject to Article (20) of the Law of Civil Procedures.
Appearance of Parties
- If an accused in a major crime wishes to assign an attorney for his defense at the expense of the state, in accordance with Article (139) of the Law, he shall submit a petition to this effect to the court before which the suit is filed. Such petition shall include his full name and identification number, suit file number and date, and charge brought against him, stating his income and sources as well as his inability to hire an attorney and that the state has the right to recover any paid attorney fees if his ability to hire an attorney is established. Such petition shall be entered into the record and immediately referred to the judicial circuit hearing the case.
- The circuit shall review the accused’s petition to assign an attorney to defend him and shall verify his inability to hire an attorney. To this end, it may seek the assistance of all relevant agencies.
- The circuit shall issue a decision to grant or deny the accused’s petition to assign an attorney. Its decision shall be reasoned and final, and shall be entered into the case minutes.
- If the circuit denies the petition to assign an attorney, it shall notify the accused orally of such denial and proceed with the case against him without prejudice to his right to hire an attorney.
- The circuit’s decision to assign an attorney shall not include the name of the attorney. The circuit shall inform the Ministry of the hearing date and petition it to name an attorney. If the attorney refuses such assignment, the Ministry shall assign another attorney.
- If the attorney appears with the accused at the hearing session, his power of attorney shall be entered into the case minutes. If the accused refuses to give the power of attorney without providing a reason acceptable to the circuit, his right to assign an attorney shall be forfeited.
- The judicial circuit shall provide the assigned attorney with a note for each hearing he attends in the defense of the accused for submission to the Ministry to pay his fees as agreed upon with the Ministry.
- The petition to revoke the stay of execution shall be filed with the circuit rendering the judgment subject of the stay of execution.
- The judicial circuit may provide in its judgment for a stay of execution of part of the discretionary imprisonment sentence relating to a public right as it deems to best serve the public interest.
- The cases where the accused is not permitted to assign an agent to represent him before the court, pursuant to Article (140) of the Law, are cases involving serious crimes.
- If the plaintiff’s claim and evidence are entered in the case minutes, and rendering a judgment is not possible due to the absence of the accused, the plaintiff shall be informed that he may continue the suit upon the appearance of the accused.
- The decision to accept or reject the accused’s excuse for failing to appear before the court at the set date shall be made by the judge hearing the case.
- The detention warrant stipulated in Article (140) of the Law shall not be subject to the provision of Article (117) of the Law.
- The court shall, upon rendering a judgment against the accused appearing before it, pursuant to Article (141) of the Law, state the names of the convicts appearing before it as well as the names of the accused who are absent, and shall indicate that it will continue to hear the case against the accused upon their appearance.
- Resumption of the case against the absent accused upon his appearance shall be included in the same case minutes.
Order at Court Sessions
- Any violation of the court order during a hearing session shall be recorded by the court in a report or in the case minutes.
- The order to imprison any person violating the court order in accordance with Article (142) of the Law shall be in writing and shall be forwarded to the relevant authority for its execution.
If the court decides to try any person who commits an offence against the court panel – while in session – or any of its members or employees, it shall record the same in the original case minutes. The judgment shall be issued in a separate decree and shall be governed by provisions of the Law and its Regulations.
If the court decides to hear a case – pursuant to Article (144) of the Law – the provisions of Article (101) of the Regulations shall be taken into consideration. However, if it decides to refer the claim to the Bureau or to another court having jurisdiction over the case, it shall draft a detailed report to this effect and attached to the case file.
Civil Right Suit
If the public criminal action lapses prior to filing the civil suit for any of the reasons stated in Article (22) of the Law, such suit shall be filed before the competent court.
The court hearing the criminal action shall appoint a guardian for an incompetent person having no guardian or trustee who sustained injury as a result of a crime even if the court lacks territorial or subject-matter jurisdiction to appoint a guardian, provided the guardian appointment is limited to the suit being heard and entered into its minutes without issuing a decree.
The court shall, upon appointing a guardian for an incompetent accused pursuant to Article (149) of the Law, take into consideration the stipulations of Article (104) of the Regulations.
- The court hearing a criminal action shall prepare a record for each plaintiff in a civil suit including his name, place of residence, occupation, phone number, any other means of communication and any relevant information.
- If the court receives a service of process for a claimant of a civil suit who has previously identified an address for service of process in the town where the court is located, it shall serve him at that address. If an address is not identified, the court shall deposit such service of process in a special record.
Hearings Rules and Proceedings
If a party submits his pleading in a written memorandum, its summary shall be entered into the case minutes and included in the case file. A reference to this effect shall be entered into the minutes unless the circuit deems it necessary to enter the entire text of the memorandum.
- The prosecution must attend court hearings relating to public right, pursuant to Article (156) of the Law, in the following crimes:
- Crimes in which the sentence of execution, stoning or amputation is sought.
- Crimes in which the court requests his presence.
In all cases, the provisions of Article (156) of the Law and this Article shall not prejudice the prosecution’s right to attend court hearings relating to public right in other crimes.
- The court shall inform the Bureau of the first
hearing date in cases provided for in paragraph (1) of this Article, and, after
that, the prosecution shall follow up court hearing dates.
- Implementation of the provision of Article (156) of the Law shall be fulfilled by the attendance of any prosecutor assigned by the Bureau to attend court hearings even if he was not the one who had prepared the public criminal indictment.
If the court decides to remove the accused from the court room during trial, pursuant to Article (157) of the Law, this shall be entered into the case minutes along with grounds therefor. If the accused is permitted to attend after removal, this shall be entered into the minutes.
The suit referred to in Article (158) of the Law is the public criminal action.
- The prosecution’s request to amend the indictment, pursuant to Article (159) of the Law, shall be made by a memorandum, or made verbally during the court hearing.
- The court shall determine the time necessary for the accused to prepare his defense relating to the prosecution’s amendment of the indictment.
- If the accused does not understand the Arabic language, the indictment shall be read to him during the court hearing in his language.
- It shall be indicated in the case minutes that the accused has received a copy of the indictment.
- If the accused provides an inappropriate answer, upon being questioned about the charges brought against him pursuant to Article (160) of Law, he shall be treated as if he has abstained from answering in accordance with Article (162) of the Law.
- In cross-examination of witnesses by the parties pursuant to Article (162) of the Law, the provisions of Article (168) of the Law shall be taken into consideration.
Any requests made by the litigants pursuant to Article (163) of the Law shall be entered into the case minutes. If the court denies such a request, an entry to this effect as well as grounds for denial shall be entered into the minutes.
The calling of a witness, pursuant to Article (164) of the Law, in a public criminal lawsuit shall be made by the prosecution if his testimony is relevant. The court may, at its discretion, call the witness in any manner it deems fit.
- If the witness fails to appear at the specified date and place without an excuse acceptable to the court, it shall summon him to appear in a manner it deems fit and without causing him any harm.
- If the witness is a public employee and giving testimony is part of his job and he fails to appear before the court to give his testimony, the court may request his employer to compel his attendance and hold him accountable according to the law.
When punishing a witness for providing statements he knows to be untrue, pursuant to Article (166) of the Law, the provisions of Article (144) of the Law and Article (102) of the Regulations shall be taken into consideration.
- If the court deems the testimony is irrelevant in the cases provided for in Article (167) of the Law, a note to this effect and grounds therefor shall be entered into the case minutes.
- The court shall, if necessary, request a medical report on the state of the witness.
Any person who attempts to intimidate a witness or disrupts his testimony shall be subject to Article (142) of the Law and Article (100) of the Regulations.
If it is necessary to move to the location where the crime is committed or any other location to conduct inspection, hear a testimony or verify any matter, this shall be entered into minutes signed by the judicial circuit, or its designee, the clerk, the person conducting the inspection, attending witnesses, parties to the suit, and experts. The same shall be entered into the case minutes, and the original shall be included in the case file.
- Any order issued by the court, pursuant to Article (170) of the Law, together with grounds therefor, shall be entered into the case minutes and an official note shall be issued to this effect.
- The official note issued by the court for the seizure of any item related to the case shall name the agency that the court deems fit to conduct the seizure.
- The court may keep the seized items referred to in Article (170) of the Law in its possession or in the possession of any relevant agency.
- If the court decides to keep any document or any other item submitted to it during trial, it shall provide a receipt to the person submitting such item.
- Seizure and release of items, pursuant to Article (170) of the Law, shall be carried out in accordance with the relevant provisions stipulated in the Law and the Regulations.
If a court hearing a case determines that it needs the testimony of an expert, a statement from a specialized entity, etc., it shall send a request thereto accompanied by copies of any necessary documents.
- The parties shall submit to the competent judicial circuit or the court any documents they wish to include in the case file, provided that such documents are dated and signed.
- If the prosecutor, during the trial, becomes aware of any negating evidence, he shall promptly inform the circuit in writing.
If a civil suit claimant fails to claim his right before the court hearing the criminal action, or if he files a claim and fails to appear, this shall not preclude the court from hearing the case and decide on the prosecution’s motions.
Forgery as Subsidiary Action
The claim that any of the case evidence is forged shall be made verbally or in writing during the hearing and shall be entered into the case minutes.
- If the court decides to stay the case it is hearing pursuant to Article (176) of the Law, this shall be entered into the case minutes along with reasons therefor.
- If the court decides to refer the documents claimed to be forged to the authority in charge of investigation in such claim, such documents shall be sealed and sent to said authority.
- If the court decides not to proceed in the forgery investigation or if the determination of the case does not depend on the contested document, it shall provide reasons therefor in the case minutes. Any challenge to the court’s decision shall be made together with the challenge against the judgment in the case.
- The subsidiary forgery action shall be heard by the court hearing the suit. If such court lacks jurisdiction to hear forgery cases, it shall refer it to the competent court.
The minutes made regarding the court decision establishing the forgery of an official document, wholly or partially, pursuant to Article (178) of the Law shall be included in the case file.
If the judge could not reach a decision in a case due to that the judgment is against his knowledge, he shall enter this into the case minutes and inform his immediate superior to take necessary action.
- If the court decides to postpone making a decision on motions made by the civil suit claimant, or the accused, pursuant to Article (180) of the Law, this decision, along with grounds therefor, shall be included in the judgment issued in the case.
- If the court resumes hearing the motions of the civil suit claimant or the accused which it has previously postponed rendering a judgment thereon, such hearing shall be entered into the case minutes and a separate decree shall be issued to this effect.
- If the judgment issued in the criminal action includes a decision regarding the motions made by the civil suit claimant or the accused, the court shall indicate in the judgment the parts relating to the criminal action and those relating to the motions made by the civil suit claimant or the accused.
- The judgment shall be drafted prior to pronunciation. It shall contain the case number, date, texts of the judgment and grounds therefor and names of judges participating in its issuance as well as their dated signatures.
- If any of the judges hearing the case fails to attend the judgment pronouncement session, this shall be entered into the case minutes together with a statement that he has signed the judgment draft.
- The appearance of the accused’s agent or counsel, in other than cases involving serious crimes, shall satisfy the requirement of attendance of the accused of the judgment pronouncement session unless the court orders the appearance of the accused in person.
- The court shall include the characterization of the crime in the judgment issued in the case prior to sentencing.
- The judgment shall be pronounced after being signed by its issuer, whether the signature is made in the judgment draft or in the case minutes.
- The decree shall be brief and in accordance with paragraph (2) of Article (181) of the Law, removing additions and repetitions irrelevant to the judgment.
- If the case minutes are in an electronic format, the case number shall serve as the case minutes number.
- The certified copy referred to in Article (182) of the Law shall be the copy of the judgment sealed and certified as a true copy or the copy signed by the head of the judicial circuit or his designee indicating that it is a true copy.
- The delivery date of the certified copy of the judgment shall be in accordance with Article (193) of the Law.
- The final judgment shall be deemed notified if it is rendered in writing and received by the person that the court wishes to notify.
- The court shall notify the Bureau of the final judgments rendered in public criminal actions, unless the court decides otherwise.
- The provisions of this Article shall not prejudice the rights of the civil suit claimant or the convicted person to know that the judgment is final.
- The court’s decision on the parties’ claims in relation to items seized pursuant to Article (183) of the Law shall be entered into the case minutes.
- The court’s decision to refer the dispute in relation to seized items to the competent court shall be entered into the case minutes along with grounds therefor.
- The agency in charge of seizure shall indicate in the minutes of seized items any perishable items or items the storage of which is costly.
- If the judgment to dispose of seized items is subject to expedited execution pursuant to Article (184) of the Law, the court shall include such decision in the judgment.
- If seized items are subject of a dispute and the court decides to execute the judgment issued regarding disposition of said items prior to the judgment of the suit becoming final, the agency in charge of delivery of such items shall prepare minutes containing the description of the seized items and assessment of their value.
- If seized items are in the custody of the court, it shall order their expedited delivery. However, if said items are in the custody of another agency, the court shall order such agency in writing to expedite their delivery and said agency shall comply with such order. The undertaking referred to in Article (184) of the Law shall be obtained. The decision on whether to impose bail or not shall be at the discretion of the court.
If the court decides to expropriate real property and place it under its disposal in accordance with Article (185) of the Law, it shall issue an order to this effect and enter it into the case minutes, and notify the executing agency in writing.
- The criminal action provided for in Article (186) of the Law is a public criminal action.
- Subject to Article (186) of the Law, a copy of the previous judgment shall be deemed certified if sealed with the court’s official seal and a court attestation shall be in writing and shall carry the official seal of the court.
- In the absence of the majority required for rendering a judgment pursuant to Article (8) of the Law, the provision of Article (162) of the Law of Civil Procedures shall apply.
- If a judge is assigned to complete the quorum of the circuit hearing the case, its minutes shall be read to him prior to participating in the deliberations.
The court composition stipulated in Article (188) of the Law shall mean the number of judges required for hearing the case filed in accordance with Article (20) of the Law of the Judiciary.
- The judgment to dismiss the case due to a fundamental flaw that cannot be rectified, pursuant to Article (191) of the Law, shall be entered into the case minutes and a decree to this effect shall be issued and shall be subject to objection in accordance with the Law and the Regulations.
- If a decision to dismiss the case is issued and the claimant rectifies his claim, it shall be heard by the same judicial circuit that has previously heard it and entered into the same case minutes.
Objection to Judgments
- It shall be entered into the case minutes that the parties to the suit were informed of their right to object to the judgment, the specified period for filing such objection, and that the judgment will become final upon the lapse of such period if no objection is filed, unless the judgment is subject to review.
- Without prejudice to the provisions of Article (177) of the Law of Civil Procedures, the prosecution or the civil suit claimant shall have the right to object if his claim involves the imposition of a ta’zir [discretionary penalty] against the accused.
The withdrawal of an objection to the judgment shall not affect the period specified for filing an objection nor his right thereto unless such period lapses.
- If the judgment is not subject to review and no objection is filed within the specified period, the right to appeal or review shall be deemed forfeited and the judgment shall become final. The competent circuit shall enter this in the case minutes, judgment decree and record.
- If the judgment is subject to review and no objection is filed within the specified period, the right to file an objection shall be deemed forfeited and the competent circuit shall enter this in the case minutes, judgment decree and record.
- An objection to a judgment may not be considered unless filed by a memorandum as specified in Paragraph (1) of Article (195) of the Law. The memorandum shall be sent by the prosecution and deposited with the court that rendered the judgment within the prescribed period for objection.
- More than one memorandum of objection may be filed against the same judgment with the court rendering said judgment, provided it is filed within the period specified for objection and prior to referring the case to the court of appeals.
The circuit rendering the judgment subject of the objection shall make a note in the case minutes indicating that it has reviewed the objection memorandum.
The court of appeals shall make a note of its final judgments and decisions on the judgments rendered by the courts of first instance and shall notify such courts of the same for entry into the case minutes and decree record.
Reversal and Reconsideration
- A decision upholding or reversing a judgment by the competent circuit at the Supreme Court shall be made unanimously or by a majority vote.
- If the case is remanded to the court after reversal by the Supreme Court and the court has no competent circuit other than the one previously decided the case, the case shall be remanded to the nearest competent court in the region without prejudice to any relevant directives issued by the Council.
The Supreme Court shall hear matters related to the sentences of death, stoning, amputation, or qisas in cases requiring capital punishment or less through circuits composed of five judges.
If the Supreme Court reverses a sentence of death, stoning, amputation or qisas in cases requiring capital punishment or less and a new judgment is rendered and referred to the Supreme Court, it shall be heard by the same circuit that has previously heard it.
If the Supreme Court reverses a sentence for the second time pursuant to Article (202) of the Law, the circuit hearing the objection shall determine whether the matter is ripe for judgment.
- Any litigant may file a petition for reconsideration of a final judgment imposing a penalty even after its execution, or upon granting a pardon, reconciliation or death of the convict.
- The contradiction provided for in Paragraph (2) of Article (204) of the Law shall be considered if both judgments are final.
If a stay of
execution order is issued pursuant to Article (206) of the Law, it shall be
entered into the case minutes and immediately communicated in writing to the
Enforceable Judgments: Execution Procedures and Controls
If a judgment is rendered in a suit that includes a public right and a civil right and such judgment becomes final in respect of either of them and not the other, or a judgment is rendered in a case and becomes final in respect of certain parts of it, a certified copy of the judgment shall be referred to the execution agency to execute the judgment or the part thereof that has become final.
The court shall notify the detention department in writing of the text of the judgment rendered in the cases provided for in Article (213) of the Law to immediately release the detained accused.
- If a judgment provides for a stay of execution of a discretionary imprisonment sentence relating to a public right and the convict commits a crime within the period referred to in Paragraph (2) of Article (214) of the Law and is convicted in a public right and sentenced to imprisonment and the judicial circuit revokes the stay of execution of the first penalty, the execution of the last imprisonment sentence shall commence following the end of the first imprisonment sentence.
- The petition to revoke the stay of execution shall be filed with the circuit rendering the judgment subject of the stay of execution.
- The judicial circuit may provide in its judgment for a stay of execution of part of the discretionary imprisonment sentence relating to a public right as it deems to best serve the public interest.
With the exception of criminal judgments, the execution of which requires an order by the King or his designee, the execution of criminal judgments shall be pursuant to an order by the governor of the province.
- The province governor shall designate the person executing the sentences of death, amputation, stoning, flogging, or qisas in cases requiring capital punishment or less.
- The person designated for execution of the sentences provided for in Paragraph (1) of this Article shall be known for his fairness and competence and shall not be a member of the prison staff, nor a relative of the person subject of the execution up to the fourth degree, nor have enmity towards him.
- A committee shall be formed in each city or county comprising representatives of the province governor, the court, the General Presidency for the Promotion of Virtue and the Prevention of Vice and the police to witness the execution of sentences of death, amputation, stoning, flogging, or qisas in cases requiring capital punishment or less. The province governor shall designate the head of such committee and may, if necessary, form other similar committees.
- Each of the entities referred to in Paragraph (1) of this Article shall name its representative in the abovementioned committee, provided that said representative have knowledge of the manner of execution of said penalties.
- In addition to members of said committee, a member of the Bureau and a physician shall attend the execution of sentences of death, stoning, amputation, flogging, or qisas in cases requiring capital punishment or less.
- A physician shall conduct a medical examination to check the health condition of the convict prior to the execution of sentences of death, stoning, amputation, flogging, or qisas in cases requiring capital punishment or less. In case of a male convict, execution of sentences of death, stoning or qisas in cases requiring capital punishment or less shall be carried out without a medical examination.
- If a medical examination establishes that a harm exceeding the normal effects of the sentence would be inflicted upon the convict as a result of the sentence execution, the attending physician shall submit a detailed report to the executing agency that includes a detailed description of the case, whether the harm is temporary or permanent, his recommendation on the need for a delay of execution and period thereof, and mitigation or non-execution of the sentence or part thereof, for referral to the court which rendered the judgment to decide whether or not such judgment needs to be amended. Any amendment made shall be subject to the provisions of objection stipulated in the Law and the Regulations.
- If the medical examination establishes that the convict is pregnant, puerperant or is breastfeeding, the execution of the sentences of death, amputation, stoning, flogging or qisas in cases requiring capital punishment or less shall be postponed until she gives birth and her puerperal or nursing period ends.
Probation of the will of a person sentenced to death or stoning shall be made by the family court. It may assign one of its judges to meet with the convicted person for the purpose.
- The province governor shall assign the security agency to take necessary measures to maintain the security of the location of the sentence execution, the sentenced person, personnel in charge of carrying out the execution and attending public, and to prevent chaos or impediment of execution.
- If the judgment designates a location for execution and it appears that the execution at such location carries certain risks, the matter shall be brought before the same court which rendered the judgment to decide on another location.
- Only competent entities may take photographs during sentence execution.
- The convicted person shall be brought to the sentence execution location without the use of violence or any psychological or physical harm.
- The execution committee shall verify the identity of the sentenced person prior to carrying out the execution through available official documents. As to sentences of death, amputation, stoning, flogging or qisas in cases requiring capital punishment or less, the identity of the sentenced person shall be verified through fingerprints or any other identification method.
- A statement describing the crime, text of the judgment, and execution order shall be read out loud.
- If the sentence involves qisas in cases requiring capital punishment or less, the executing agency shall inform in writing the person who has right to qisas of the date and place of execution. Execution shall only be carried out in his presence or the presence of his designee.
- Qisas as a capital punishment shall be carried out by the person assigned to such task unless the judgment provides otherwise for compliance with Sharia.
In execution of sentences of death, amputation, stoning, flogging or qisas in cases requiring capital punishment or less against more than one sentenced person, the sentenced persons shall be admitted separately to the execution location, and the execution of each sentenced person may not be witnessed by the other sentenced persons.
- Death sentences shall be carried out with the tool provided for in the judgment. If the judgment does not provide for a tool, execution shall be carried out with any tool that ensures the least suffrage.
- The person subject to a death or stoning sentence shall not be removed from the location of execution except after his death is established based on a report by the attending physician.
- The competent agency shall, after execution of the death or stoning sentence, carry out the burial of the dead person.
- Anesthetics may be used in sentences of amputation and qisas in cases not requiring capital punishment, provided that the written consent of the holder of the right to qisas is obtained.
- The attending physician shall, after executing the sentences of amputation and qisas in cases not requiring capital punishment, treat any bleedings or wounds.
- An organ amputated in a hadd penalty may not be reattached; it shall be buried by the competent agency. However, the amputated organ in a qisas penalty may be attached subject to the written consent of the holder of the right to qisas.
- The date and location of the sentence of lashing shall be notified to the holder of the civil right.
- The name of the person subject to a lashing sentence may not be announced unless the sentence provides for such announcement.
- The clothes of the person subject to a lashing sentence may not be removed; he shall be wearing clothing that covers his body and does not prevent him from feeling the pain.
- The person subject to a hadd sentence involving adultery or drunkenness may not be tied or held while executing the penalty if the hadd penalty is based on his admission. If he recants his admission or flees, the execution proceedings shall be ceased. The matter shall be brought before the court issuing the sentence to take necessary action.
- The man shall be lashed standing and the woman while seated with her clothes tied to her body, in a manner that ensures covering her body without hindering her movement.
- Lashing shall be executed by a bamboo stick or a lash – but not by a new lash that causes wounds or a worn-out one that does not cause pain – in a way that fulfills the desired purpose, which is deterrence and infliction of pain. The lashing of a fasting convicted person shall be carried out at night.
- Lashes shall be distributed over the entire body of the sentenced person, save for the face, head, private parts, bones and areas that may cause death.
- If the Bureau member supervising the execution or the majority of the execution committee members witnessing such execution determine that the lashes are either too weak or too strong, the execution shall cease and the person carrying out the lashing shall be instructed on how to properly perform the task, or assign such task to somebody else, taking into account the number of lashes already carried out. Any member who has a remark shall include such remark in the execution minutes and report it to his respective agency.
If the prisoner has completed the imprisonment sentence prior to the fulfillment of the discretionary lashing punishment, he shall be released and then lashed as provided for in the judgment. If a request has been made to accelerate the lashing execution prior to the date stipulated in the judgment, the issuing court’s opinion shall be obtained in this regard.
- If the judgment does not designate an exile location, the sentenced person shall be exiled to a city other than the city in which he resides, provided that the distance between both cities is not less than 80 kilometers.
- The exile location designated in the judgment may not be replaced with another location except with the permission of the court rendering the judgment.
- The exile period shall be calculated according to the Hijri calendar and shall commence on the day the sentenced person is transferred to the exile location. If the exiled person returns before the end of the exile period, he shall be returned to the exile location and the period he spent in the exile location shall be counted towards his sentence.
- If the sentenced person is a woman who has no mahram (a first-degree male relative) willing to, or able to, accompany her, a report to this effect shall be submitted to the court rendering the judgment to decide on the matter. If the court decides to amend the judgment, such amendment shall be subject to the objection provisions provided for in the Law and Regulations.
- Agencies in charge of executing the exile punishment may resort to all means necessary to ensure the exiled person remains at the exile location throughout the exile period.
- Upon execution of punishment, a report to this effect shall be drafted and shall contain the following:
- number, date and text of the judgment;
- number and date of the execution order;
- name and personal information of the sentenced person;
- location, time and date of execution;
- a note indicating execution of the sentence, wholly or partially; and
- names, signatures and remarks relating to the execution, if any, of members of the committee witnessing the execution as well as the member of the Bureau overseeing the execution and attending physician, if any, and the officer in charge of the execution.
- The head of the committee witnessing the execution shall submit the report to the governor and provide committee members and the Bureau member with copies thereof.
Upon execution of the judgment, the judgment decree shall be sent to the court in order for the judicial circuit rendering the judgment to make a notation thereon indicating execution of the judgement. The court shall return the judgment decree to the forwarding agency to be included in the casefile.
Rules and instructions relating to the execution of criminal judgments shall apply to cases where no relevant provisions are provided for in the Law or Regulations.
provided for in this Part shall not prejudice the Bureau’s powers to oversee
the execution of criminal judgments pursuant to the Law of the Bureau of
Investigation and Public Prosecution.
General and Final Provisions
Orders provided for in Article 14 of the Law are the orders issued by the various judicial bodies and the Bureau.
The term “major crimes” as used in the Law shall mean the major crimes mandating detention as provided for in Article 112 of the Law.
- If a case is filed to a court by mistake, the provisions of Article 5 of the Law shall not preclude referring it to the competent court or agency.
- A competent agency may access or obtain copies of documents submitted to the court upon the court’s permission and under its supervision.
- If a general pardon is granted while the court is reviewing a suit covered by such pardon, it shall take necessary action in accordance with the relevant provisions.
If a non-Saudi person is detained for being charged with committing a major crime, the Ministry of Foreign Affairs shall be notified to consider informing the diplomatic mission of the country of such person.
The search of foreign embassies and international agencies and organizations with consular and diplomatic immunity shall be subject to relevant laws and rules as well as international customs and agreements.
- If a literate person whose statement is to be heard is mute, he shall provide his statement in writing. A deaf person, who is literate, shall be provided with questions in writing. If such persons are illiterate, their statements shall be provided through an expert.
- The fingerprint of an illiterate person shall serve as his signature.
The service of a person shall be deemed valid if he is served through the address approved by the competent agency or through any other legal alternative, unless a relevant provision is provided.
- A minister, a person holding the rank of a minister, a former minister or a person previously held the rank of a minister may not be arrested, detained, investigated or be subject to criminal action without the King’s permission, unless in a case of flagrante delicto; in such case, he may be held in custody provided the Minister of Interior brings the matter before the King within 24 hours from the time of being held in custody.
- The request of permission to file a public criminal action against any of the persons provided for in Paragraph (1) of this Article shall be submitted by the Bureau. However, in a private criminal action, the request shall be submitted by the civil suit claimant.
- Facts that are not covered by the King’s permission may not be considered.
- The persons provided for in Paragraph (1) of this Article shall be detained or held in separate locations.
- A ruling dismissing a suit against the persons provided for in Paragraph (1) of this Article after 60 days from the date of the claimed right may not prejudice the right to file any qisas or hadd suits against such persons.
Criminal procedures relating to categories covered by special laws or international conventions shall be taken into consideration.
These Regulations shall be published in the Official Gazette and shall enter into force 30 days after the publication thereof.