Regulations on the Authority of the Oversight and Anti-Corruption Authority to Implement the Provisions of the Law of Criminal Procedure, Its Implementing Regulations, and the Public Prosecution Law

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  • We refer to the letter of His Excellency the General Secretary of the Council of Ministers No. 3118 dated 24/2/1447 AH, attached thereto is the transaction including the telegram of His Excellency the Chairman of the Oversight and Anti-Corruption Authority No. 9780 dated 21/2/1446 AH, accompanied by a draft regulation of powers and detailed provisions for corruption crimes, prepared pursuant to Article (Sixth) of the Law of the Oversight and Anti-Corruption Authority issued by Royal Decree No. (M/25) on 23/1/1446 AH, and what His Excellency the General Secretary clarified and the opinion of the General Committee of the Council of Ministers in this regard.
  • We have reviewed the letter of the Bureau of Experts at the Council of Ministers No. 5119 dated 27/6/1447 AH, accompanied by the Bureau’s memorandum No. (2382) dated 27/6/1447 AH, and the minutes of the Council of Political and Security Affairs issued under No. 855 on 16/1/1448 AH concerning this matter.
  • We inform you of our approval of the Regulation of the Powers for the Application of the Oversight and Anti-Corruption Authority of the Provisions Contained in the Law of Criminal Procedure, its Implementing Regulations, and the Public Prosecution Law, in the form attached to the Bureau of Experts’ memorandum at the Council of Ministers No. (2382) dated 27/6/1447 AH; therefore, complete what is necessary accordingly.
  • Salman bin Abdulaziz Al Saud

Chapter 1: General Provisions

Article 1

  • The following terms and expressions - wherever they appear in this Regulation - shall have the meanings set forth opposite each of them, unless the context requires otherwise:

    • The Authority: Oversight and Anti-Corruption Authority.
    • The Law: The Authority’s Law.
    • The Regulation: Regulation of the Authority’s Powers to Apply the Provisions of the Law of Criminal Procedure, its Implementing Regulations, and the Public Prosecution Law.
    • The President: President of the Authority.
    • The Unit: Investigation and Criminal Prosecution Unit.
    • The Investigator: Member of the Unit who conducts criminal investigation work in corruption crimes.
    • The Public Prosecutor: Member of the Unit who conducts criminal prosecution in corruption crimes.
    • Head of Department: Head of a department at the main headquarters of the Unit, who conducts criminal investigation work.
    • Head of Branch: Head of the Unit’s branch in regions and governorates.
    • Criminal Control Officers: Authority personnel who have the status of criminal control officers pursuant to Article (7) of the Law.
    • Corruption Crimes: Crimes listed in Article (2) of the Law.

Article 2

The regulation aims to define the powers and detailed provisions for the Authority's implementation of the provisions contained in the Law of Criminal Procedure and its Implementing Regulations, and the Public Prosecution Law; regarding corruption crimes.

Article 3

  • 1- The Authority shall apply, during the stages of inference, investigation, and trial – in addition to the provisions contained in the Law – all the provisions stipulated in the Law of Criminal Procedure and its Implementing Regulations. The Officer Investigation Criminal, the Investigator, and the Public Prosecutor shall have the powers granted to them – each within their respective jurisdiction – in those provisions, except for the provisions related to the supervision and inspection of prisons, according to the tasks assigned to them.
  • 2- The President shall have the powers of the Public Prosecutor as stipulated in the Law of Criminal Procedure and its Implementing Regulations, except for the provision of Article (112) of the Law of Criminal Procedure.
  • 3- The President shall issue the delegation regulations stipulated in Articles: (9), (18), and (19) of the Regulation.

Chapter 2: The Powers Stipulated in the Law of Criminal Procedure and Its Implementing Regulations

Article 4

  • Criminal control officers in the Authority or elsewhere—except members of the Public Prosecution—are subject, in relation to their work in criminal control of corruption crimes, to the supervision of the Unit. The Unit may request the competent authority—through the Authority—pursuant to Article (Twelve) of the Implementing Regulation of the Law of Criminal Procedure; to consider the matter of any of the aforementioned control officers who commit a violation of their duties or negligence in their work. The Unit may also request to file disciplinary action against them, provided that the Unit is notified—through the Authority—of what has been done regarding that request, without prejudice to the right to file a criminal lawsuit.

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