Implementing Regulations of the Law of Criminal Procedure

Chapter 1: Definitions

Article 1

Previous Amendments
  • The terms and phrases mentioned below - wherever they appear in this Regulation - shall have the meanings specified next to them, unless the context requires otherwise:

  • Law: Criminal Procedure Law.

  • Regulation: Implementing Regulation of the Law.

  • Council: Supreme Judicial Council.

  • Ministry: Ministry of Justice.

  • Prosecution: Public Prosecution.

  • Major Crimes: Crimes that warrant detention under Article (112) of the Law.

Chapter 2: Criminal Action

Article 2

Previous Amendments
  • 1- The Public Prosecutor sends a letter to the Court with the names of the authorized public prosecutors to file the public criminal action before it.

  • 2- The initiation of the public criminal action before the competent courts includes the duties and responsibilities of the Public Prosecutor, such as presenting and bringing evidence and bearing the burden of proof.

Article 3

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 public 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 the names and addresses of the claimant and defendant, a description of the charges, a copy of the statement of claim, and the hearing date. If the public 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.

Article 4

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, a complaint filed by any of them shall suffice to initiate a public criminal action.
3. If a single crime involves several perpetrators and a complaint is filed against any of them, a public criminal action may be initiated against the others.

Article 5

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.

Article 6

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 it shall enter the same into the case minutes. If absent, however, a formal notification letter shall be sent to him.
3. The plaintiff shall, upon completion of the required proceedings as set forth in Article 19 of the Law, notify the court of the procedures taken.

Article 7

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.

Next section title

Next section content