Law of Criminal Procedure and its Executive Regulation

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  • In the name of Allah, the Most Gracious, the Most Merciful

  • Royal Decree No. (M/2) dated 22 / 1 / 1435

  • With the help of Allah Almighty

  • We, Abdullah bin Abdulaziz Al Saud

  • King of the Kingdom of Saudi Arabia

  • Based on Article (70) of the Basic Law of Governance, issued by Royal Order No. (A/90) dated 27 / 8 / 1412 AH.

  • And based on Article (20) of the Council of Ministers Law, issued by Royal Order No. (A/13) dated 3 / 3 / 1414 AH.

  • And based on Article (18) of the Shura Council Law, issued by Royal Order No. (A/91) dated 27 / 8 / 1412 AH.

  • And after reviewing the decisions of the Shura Council No. (96/68) dated 25/1/1431 AH, and No. (139/59) dated 28/11/1433 AH.

  • And after reviewing the decision of the Council of Ministers No. (12) dated 18/1/1435 AH.

  • We decree the following:

    • First: Approval of the Criminal Procedure Law in the attached form, with consideration for its provisions to apply to criminal cases that have not been concluded and procedures that have not been completed before its enforcement, with the exception of the following:

      • 1 - The provisions amending jurisdiction concerning cases filed before the enforcement of this law.

      • 2 - The provisions amending deadlines concerning the deadline that began before the enforcement of this law.

      • 3 - The texts establishing or abolishing objection methods under this law concerning final judgments issued before the enforcement of this law.

    • Second: The enforcement of this law does not affect what is stipulated in the executive work mechanism for the Judiciary Law and the Board of Grievances Law – approved by Royal Decree No. (M/78) dated 19/9/1428 AH – regarding transitional periods, nor does it affect what is stated in item (Fifth) of Royal Decree No. (M/4) dated 5/1/1433 AH.

    • Third: In the case of multiple discretionary penalties imposed by multiple judgments and decisions, the Supreme Court is competent to issue a ruling on the necessary penalty, according to the controls determined by the General Panel of the Supreme Court.

    • Fourth: No criminal case shall be filed against the Minister or anyone holding the rank of Minister or anyone who has previously been appointed as a Minister or held the rank of Minister except after raising the matter to the King for consideration, and the executive regulation of this law shall specify the provisions related to that.

    • Fifth: His Highness the Deputy Prime Minister, the Ministers, and the heads of the relevant independent agencies – each in their respective matters – shall implement this decree.

      • Abdullah bin Abdulaziz Al Saud

      •  

  • Decision No. (12) dated: 8 / 1 / 1435 AH

  • The Council of Ministers

  • After reviewing the transaction received from the Royal Court No. 718 dated 5/1/1434 AH, which includes a telegram from His Excellency the Chairman of the Bureau of Experts at the Council of Ministers No. 3365 dated 16/12/1429 AH, attached to it is the draft Criminal Procedure Law.

  • And after reviewing the organizational arrangements for the judiciary and dispute resolution, which were approved in principle by Royal Order No. (A/14) dated 23/2/1426 AH.

  • And after reviewing the Judiciary Law, issued by Royal Decree No. (M/78) dated 19/9/1428 AH.

  • And after reviewing the Criminal Procedure Law, issued by Royal Decree No. (M/39) dated 28/7/1422 AH.

  • And after reviewing item (Fifth) of Royal Decree No. (M/4) dated 5/1/1433 AH.

  • And after reviewing the minutes No. (294) dated 11/7/1427 AH, No. (539) dated 16/12/1429 AH, No. (159) dated 4/4/1431 AH, No. (189) dated 25/4/1431 AH, No. (422) dated 16/10/1431 AH, No. (371) dated 19/8/1432 AH, No. (181) dated 23/3/1433 AH, No. (83) dated 19/2/1434 AH, prepared in the Bureau of Experts at the Council of Ministers.

  • And after considering the decisions of the Shura Council No. (96/68) dated 25/1/1431 AH, and No. (139/59) dated 28/11/1433 AH.

  • And after reviewing the recommendation of the General Committee of the Council of Ministers No. (159) dated 23/3/1434 AH.

  • It is decided as follows:

    • First: Approval of the Criminal Procedure Law in the attached form, with consideration for its provisions to apply to criminal cases that have not been concluded and procedures that have not been completed before its enforcement, with the exception of the following:

      • 1 - The provisions amending jurisdiction concerning cases filed before the enforcement of this law.

      • 2 - The provisions amending deadlines concerning the deadline that began before the enforcement of this law.

      • 3 - The texts establishing or abolishing objection methods under this law concerning final judgments issued before the enforcement of this law.

    • Second: The enforcement of this law does not affect what is stipulated in the executive work mechanism for the Judiciary Law and the Board of Grievances Law – approved by Royal Decree No. (M/78) dated 19/9/1428 AH – regarding transitional periods, nor does it affect what is stated in item (Fifth) of Royal Decree No. (M/4) dated 5/1/1433 AH.

    • Third: In the case of multiple discretionary penalties imposed by multiple judgments and decisions, the Supreme Court is competent to issue a ruling on the necessary penalty, according to the controls determined by the General Panel of the Supreme Court.

    • Fourth: No criminal case shall be filed against the Minister or anyone holding the rank of Minister or anyone who has previously been appointed as a Minister or held the rank of Minister except after raising the matter to the King for consideration, and no case shall be heard after the passage of (sixty) days from the date of the emergence of the claimed right, and the executive regulation of this law shall specify the provisions related to that.

    • A draft Royal Decree has been prepared in this regard, the text of which is attached.

    • Deputy Prime Minister

Chapter 1: General Provisions

Article 1

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

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Article 2

  • No person may be arrested, searched, detained or imprisoned except in cases provided by law. Detention or imprisonment may be carried out only in places designated for such purposes and for the period prescribed by the competent authority.

  • A person under arrest may not be subjected to any bodily or moral harm, nor torture or degrading treatment.

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Article 3

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

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Article 4

  • 1. An accused person may seek the assistance of an agent or an attorney to defend him during investigation and trial.

  • 2. The regulations of this Law shall set forth the rights of the accused which he must be made aware of.

Article 5

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

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Article 6

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

Article 7

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

Article 8

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

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