Juveniles Law and its Executive Regulation

Article 1

  • In this law, the following terms shall have the meanings assigned thereto, unless the context requires otherwise:

    • 1. Law: Juveniles Law.

    • 2. Regulations: Implementing Regulations of the Law.

    • 3. Prosecution: Public Prosecution.

    • 4. Ministry: Ministry of Labor and Social Development.

    • 5. Juvenile: Any male or female who is over the age of seven and below the age of 18.

    • 6. Court: The court or circuit having jurisdiction over juvenile cases.

    • 7. Home: A Ministry facility where separate places are designated for the housing and detention of male and female juveniles.

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Article 2

  • A person under the age of seven who commits a punishable act shall not be subject to criminal prosecution.

Article 3

  • For the implementation of this Law, a juvenile’s age shall be calculated according to the Hijri calendar, on the basis of the date of birth stated in any official document. When considering the case, the court may refer the juvenile to the competent medical authority to estimate his age.

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Article 4

  • Procedures for recording reports by juveniles and the hearing of juvenile witnesses as well as any subsequent procedures requiring a juvenile’s first appearance (in the presence of his guardian or a person acting in such capacity) shall be held in an appropriate place. To this effect, the Regulations shall specify the necessary procedures to ensure that the juvenile is not required to appear for any future action unless otherwise required, at the discretion of the investigator or judge.

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Article 5

  • If a juvenile is arrested in flagrante delicto, his guardian or a person acting in such capacity shall be immediately notified.

  • In cases other than flagrante delicto, the juvenile’s status shall be taken into consideration. The arrest shall be in the presence of his guardian, a person acting in such capacity, or a representative from the home, or in a manner that ensures the presence of more than one person. The Regulations shall specify arrest procedures.

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Article 6

  • In all cases, the notification of a juvenile shall not be deemed valid unless his guardian or the person acting in such capacity is duly notified.

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Article 7

  • A juvenile may not be detained for the purpose of investigation, unless deemed necessary by the Public Prosecution. In all cases, a juvenile may not be detained except at the home and pursuant to a reasoned detention order.

Article 8

  • 1. If the county or district where a juvenile resides does not have a home for his housing or detention, he shall be immediately transferred to the nearest home to his residence.

  • 2. A male juvenile shall be transferred in the company of his guardian or a person acting in such capacity. If not feasible, he shall be accompanied by a Ministry representative, if possible, or in a manner that guarantees the presence of more than one person. A female juvenile shall be transferred in the company of her guardian or a person acting in such capacity. If not feasible, she shall be accompanied by a mahram, one female prison officer or more, if possible, or in a manner that guarantees the presence of more than one person.

Article 9

  • A juvenile's detention shall end upon the lapse of five days, unless the investigator decides to extend the detention period. In such case, he shall, prior to its expiry, refer the case file to the head of the prosecution branch or a designee from among the heads of circuits within his jurisdiction to issue an order to release said juvenile or extend his detention for one or more successive periods, provided that their aggregate does not exceed 15 days from the date of the juvenile’s arrest.

  • In cases that require detention for a longer period, the matter shall be referred to the Public Prosecutor or a designee from among his deputies to issue an order of extension for one or more successive periods none of which shall exceed 10 days, and their aggregate shall not exceed 60 days from the date of the juvenile’s arrest. Thereafter, the juvenile shall be directly transferred to the competent court or released.

  • In cases requiring detention for even longer periods, the court may approve the request to extend the period of detention for one or more successive periods, as it deems necessary, and shall issue a reasoned judicial order to this effect.

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Article 10

  • In areas where no home exists, the chief investigator or his designee shall hear the juvenile’s statements in the presence of his guardian or a person acting in such capacity, or a Ministry representative, or in a manner that ensures the presence of more than one person. The case file shall be forwarded to the prosecution and the juvenile shall be handed over to his guardian or a person acting in such capacity after pledging to bring him upon request, unless the prosecution decides otherwise.

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