Law on the Protection of Informants, Witnesses, Experts, and Victims and its Executive Regulation

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  • Decision No. (629) dated 03/08/1445 AH

  • The Council of Ministers

  • After reviewing in its session chaired by the Custodian of the Two Holy Mosques King Salman bin Abdulaziz Al Saud, the correspondence received from the Royal Court No. 38442 dated 22/5/1445 AH, including the telegram of His Royal Highness the Minister of Interior No. 269699 dated 7/12/1439 AH, and the letter of His Excellency the Chairman of the Shura Council No. 819 dated 17/3/1440 AH, regarding the draft Law on the Protection of Informants, Witnesses, Experts, and Victims.

  • After reviewing the aforementioned draft law.

  • After reviewing the minutes No. (1359) dated 7/11/1441 AH, No. (171) dated 25/3/1442 AH, No. (401) dated 6/9/1443 AH, No. (183) dated 4/6/1444 AH, No. (355) dated 18/12/1444 AH, and the two memoranda No. (1127) dated 6/7/1442 AH, and No. (2342) dated 28/6/1445 AH, prepared by the Bureau of Experts at the Council of Ministers.

  • After reviewing the minutes prepared by the Council of Economic and Development Affairs No. (88/45/M) dated 9/1/1445 AH.

  • After reviewing the telegram of the Secretariat of the Council of Political and Security Affairs No. 2438 dated 3/3/1445 AH.

  • After considering the decisions of the Shura Council No. (241/61) dated 28/2/1440 AH, No. (196/37) dated 25/11/1442 AH, and No. (103/12) dated 20/5/1445 AH.

  • After reviewing the recommendation of the General Committee of the Council of Ministers No. (7561) dated 16/7/1445 AH.

  • It is decided as follows:

    • First: Approval of the Law on the Protection of Informants, Witnesses, Experts, and Victims, in the attached form.

      • A draft Royal Decree has been prepared accordingly, its text is attached hereto.

    • Second: A program for the protection of informants, witnesses, experts, and victims shall be allocated within the budget of the Public Prosecution, and disbursed in accordance with the orders, decisions, and procedures of the implementation instructions of the general state budget.

    • Third: The relevant authorities shall, upon the entry into force of the law referred to in item (First) of this decision, include their financial needs to implement the provisions relevant to them within their upcoming annual budget projects, to be considered according to the rules for preparing the general state budget and the directives issued thereon.

  • Salman bin Abdulaziz Al Saud

  • Royal Decree No. (M/148) dated 08/08/1445 AH

  • By the grace of Allah Almighty

  • We, Salman bin Abdulaziz Al Saud

  • King of the Kingdom of Saudi Arabia

  • Based onArticle (Seventy) of the Basic Law of Governanceissued by Royal Order No. (A/90) dated 27/8/1412 AH.

  • Based onArticle (Twenty) of the Law of the Council of Ministersissued by Royal Order No. (A/13) dated 3/3/1414 AH.

  • Based onArticle (Eighteen) of the Law of the Shura Councilissued by Royal Order No. (A/91) dated 27/8/1412 AH.

  • After reviewing the decisions of the Shura Council No. (241/61) dated 28/2/1440 AH, No. (196/37) dated 25/11/1442 AH, and No. (103/12) dated 20/5/1445 AH.

  • After reviewing the Council of Ministers decision No. (629) dated 3/8/1445 AH.

  • We decree the following:

    • First: Approval of the Law on the Protection of Informants, Witnesses, Experts, and Victims, in the attached form.

    • Second: His Highness the Prime Minister, the Ministers, and the heads of the relevant independent bodies - each within his jurisdiction - shall implement this Royal Decree.

  • Salman bin Abdulaziz Al Saud

Article 1

In this Law, the following words and phrases shall have the meanings assigned thereto:
Law: Law on the Protection of Informants, Witnesses, Experts, and Victims.
Regulations: Implementing Regulations of this Law.
Offenses: Major offenses requiring detention under law.
Protection: Procedures, measures, and guarantees taken, when necessary, to protect informants, witnesses, experts, and victims as well as their spouses and relatives, or any other persons whose close relationship with the informants, witnesses, experts, or victims might expose them to danger or harm, in accordance with the types of protection set forth in Article 14 of this Law.
Program: Protection Program for Informants, Witnesses, Experts, and Victims, established under Article 4 of this Law.
Security Department: The department entrusted under this Law with the implementation of security protection for persons covered by the Program.
Protected Person: A person to whom the Program administration decides to grant any type of protection.
Informant: A person who voluntarily provides information or evidence leading to the belief that an offense covered by this Law has been or might have been committed, or a person who reveals the perpetrators of such offense.
Witness: A person who provides or agrees to provide material information perceived by his senses in order to establish an offense covered by this Law.
Expert: A person who has technical, scientific, or practical expertise about a certain subject and whose assistance is sought by an investigation agency or by the court to reveal an offense covered by this Law, or to find related evidence or any of the perpetrators.
Victim: A person who has been harmed as a result of the commission of any of the offenses covered by this Law.
Court: The court which has jurisdiction to hear offenses covered by this Law.

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Article 2

Agencies in charge of monitoring, detecting, and investigating the offenses covered by this Law shall:
1. conceal, in all their correspondence, reports, and documents, the identities and addresses of informants, witnesses, experts, or victims, when necessary or at the request thereof, in a manner that makes it impossible to identify them; and
2. cooperate with the court to ensure that witnesses give their testimonies without any influence or delay.

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Article 3

1. The court shall take the measures it deems appropriate during litigation proceedings to protect informants, witnesses, experts, or victims if there are any reasons to believe that they might be exposed to danger. Such measures include concealing the identity of the witness or expert while providing testimony in court or when entering or leaving the court, and using means of technology, such as video and audio communication, for remote testimony. The court may, when necessary, use image- and voice-altering technologies to safeguard the protected persons covered by this Law, and may seek the assistance of the Program administration to implement the measures deemed appropriate thereby.
2. The court may, when necessary, hear the testimony of witnesses and confer with experts regarding any of the offenses covered by this Law outside the presence of the accused and his lawyer. The accused or his lawyer shall be informed of the content of the witness testimony and expert report without revealing the identities of the witnesses and experts. The Regulations shall specify the cases where the provisions of this paragraph must apply.
3. If the court deems it necessary to reveal the identity of a protected person in order for the accused to exercise his right of defense and the testimony of the witness or expert is the only evidence in the case, the court may allow the disclosure of his true identity; in such case, the necessary types of protection set forth in Article 14 of this Law must be provided to the protected person. This shall be in coordination with the Program administration.
4. The court may, when necessary, conceal the names of witnesses in the judgment decree. The Regulations shall specify the cases where concealment is mandatory.

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Article 4

A special program named the Protection Program for Informants, Witnesses, Experts, and Victims shall be established at the Public Prosecution in accordance with the provisions of this Law. The Regulations shall specify the Program's organizational structure, management, duties, and functions as well as the manner of funding the Program.

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Article 5

The Program administration shall, in accordance with the provisions of this Law, have the power to admit informants, witnesses, experts, and victims to the Program and to determine the type and duration of protection provided thereto.

Article 6

The Public Prosecutor may, upon a recommendation from the Program administration and in accordance with the principle of reciprocity, approve requests from competent foreign authorities received by the Standing Committee for Legal Assistance Requests at the Ministry of Interior regarding the provision of protection to any informant, witness, expert, or victim in the territory of the Kingdom, in accordance with the provisions of this Law.

Article 7

No informant, witness, expert, or victim may be admitted to the Program unless the admission is based on the following:
1. A reasoned request for protection made by any of them.
2. A recommendation from the monitoring, detection, preliminary investigation, or investigation agency, or from the court, based on available information relating to the grounds for the provision of protection.

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Article 8

The Public Prosecutor may, upon a reasonable belief that an informant, witness, expert, or victim might be exposed to imminent danger, provide protection to such person without his consent for a period not exceeding thirty days. The Public Prosecutor may, when necessary, extend said period, and may, pursuant to a written decision, delegate some of his powers to the heads of public prosecution offices.

Article 9

A request for protection shall be submitted to the Program administration for consideration. The administration shall consider such request according to the following criteria:
1. The extent to which the person requiring protection meets the requirements of the Program, based on his criminal history, if any, and a psychological assessment.
2. The nature of the threat facing the person requiring protection.
3. The type and gravity of the action relating to the offense subject of the request for protection.
4. The ability of the person requiring protection and his relatives to adapt to the protection program.
5. The availability of alternative protective measures for the person requiring protection without being admitted to the Program.
6. Any other criteria the Program administration deems appropriate to consider on a case-by-case basis, in accordance with the Regulations.

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