Law of Criminal Procedure

Part One: 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.

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.

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.

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.

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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withdrawn prior to judgment thereon.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.

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.

Article 9

Judgments may be appealed in accordance with provisions provided for in this Law.

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Article 10

Sentences of death, stoning, amputation, or qisas in cases requiring capital punishment or

less, that have been rendered or upheld by the appellate court shall not be deemed final
unless upheld by the Supreme Court.

Article 11

If the Supreme Court does not uphold the sentence before it in application of Article 10 of
this Law, said sentence shall be overturned and the case shall be remanded to the court of
first instance for retrial by other judges.

Article 12

Investigation and trial of juveniles shall be conducted in accordance with relevant laws
and regulations.

Article 13

The Bureau of Investigation and Public Prosecution shall conduct its investigation and
public prosecution in accordance with its Law and Implementing Regulations.

Article 14

All law enforcement officers shall execute orders issued by judicial entities under this
Law, and may use any appropriate means for this purpose.

Part Two: Criminal Action

Chapter One: Initiation of Criminal Action

Article 15

Pursuant to its Law, the Bureau of Investigation and Public Prosecution shall have
jurisdiction to initiate and pursue criminal actions before competent courts.

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Article 16

The victim (or representative) or his heirs – in case of death – may initiate a criminal action
with respect to all cases involving a private right, and shall pursue such case or action
before the competent court. In such a case, the court shall summon the public prosecutor.

Article 17

No criminal action may be initiated nor investigation proceedings carried out in crimes
involving a private right for individuals, except upon a complaint filed by the victim (or
representative) or his heirs – in case of death – with the competent authority, unless the
Bureau of Investigation and Public Prosecution decides that the filing of such action and
the investigation into such crimes serve public interest.

Article 18

If the court finds a conflict between the interest of the victim, or his heirs, and the interest
of his representative, such representative shall be prevented from continuing the
proceedings and another representative shall be appointed.

Article 19

If the court establishes in a case pending before it that it involves suspects other than those
being prosecuted or facts related to the charge in question, it shall notify the complainant
accordingly in order to complete the proceedings set forth in this Law.

Article 20

Upon committing acts which violate court orders or constitute contempt thereto, or
influence its judges, parties to the case or witnesses in connection with a case pending
before it, the court shall consider said acts and render judgment thereon in accordance
with Sharia principles.

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Article 21

A member of the Bureau of Investigation and Public Prosecution may not assume or
decide on any case in the following events:

1. if said member is the victim or the spouse, relative or in-law up to the fourth degree of
any litigant;

2. if enmity or affinity exists between said member and any of the litigants which may
influence the course of investigation; or

3. if he has previously contributed to the case as an expert, arbitrator, agent, witness or

the like.

Chapter Two: End of Criminal Action

Article 22

A public criminal action shall lapse in the following events:

1. issuance of a final judgment;

2. grant of pardon by the King on pardonable matters;

3. repentance which relieves from punishment in accordance with Sharia principles; or

4. death of the accused.

The lapse of a public criminal action shall not impede the continuation of a private right
action.

Article 23

A private criminal action shall lapse in the following two cases:

1. issuance of a final judgment; or

2. grant of pardon by the victim or his heirs.

The grant of pardon by the victim or his heirs shall not preclude proceedings of public
criminal action.

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 Part Three: Preliminary Investigation Procedures

Chapter One: Collection and Recording of Information

Article 24

Preliminary criminal investigation officers shall be in charge of pursuing offenders and

collecting information and evidence necessary for investigation and indictment.

Article 25

Preliminary criminal investigation officers shall, in conducting their duties as provided for
in this Law, be subject to the supervision of the Bureau of Investigation and Public
Prosecution. The Bureau may ask the competent authority to consider any violation or
omission by any officer and may request that disciplinary action be taken against him,
without prejudice to the right to initiate criminal prosecution.

Article 26

Proceedings relating to preliminary criminal investigation shall be conducted by the

following persons, each within their jurisdiction:

1. members of the Bureau of Investigation and Public Prosecution;

2. directors of police stations and their assistants in cities, counties, and townships;

3. officers across all military sectors, with respect to crimes falling within their respective
jurisdictions;

4. governors of counties and administrators of townships;

5. captains of Saudi vessels and airplanes, with respect to crimes committed on board;

6. heads of centers of the General Presidency for the Promotion of Virtue and Prevention
of Vice, with respect to matters falling within their jurisdictions;

7. employees and other persons entrusted with the powers of preliminary criminal
investigation pursuant to special regulations; and

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8. agencies, committees and persons assigned to conduct investigation pursuant to
relevant laws.

Article 27

Preliminary criminal investigation officers shall, each within their jurisdiction, receive
reports and complaints with respect to all crimes. Said officers and their subordinates shall
review such reports and complaints; include relevant information in a report signed by
them; summarize and date the same in a special register; and promptly notify the Bureau
of Investigation and Public Prosecution. The preliminary criminal investigation officer
shall move to the crime scene to maintain its integrity and seize all that may be relevant to
the crime, preserve evidence, and take necessary action. He shall record procedures
carried out in a special report signed by him and his assistants.

Article 28

During collection of information, the preliminary criminal investigation officers shall hear
statements of those who may possess information with respect to facts and perpetrators of
crimes, question any suspect and record the same in their reports. They may seek the
assistance of experts, including physicians, and require their opinion in writing.

Article 29

A complaint filed by a person sustaining injury as a result of a crime shall be considered as

a claim of his private right, unless he expressly waives such right before the investigator.
The investigator shall record such waiver in the report and have it witnessed. In case of
qisas and defamation, such waiver shall be attested by the competent court.

Chapter Two: Flagrante Delicto

Article 30

A crime shall be deemed flagrante delicto if the perpetrator is caught in the act of
committing such a crime, or shortly thereafter. It shall also be deemed flagrante delicto if

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the victim or a shouting crowd is found pursuing another person subsequent to the
commission of the crime, or when the perpetrator is found shortly thereafter in possession
of tools, weapons, property, equipment, or other items indicating that he is the perpetrator
or accomplice thereto, or if, at the time, marks or signs indicating the same are found on
his person.

Article 31

In case of flagrante delicto, the preliminary criminal investigation officer shall promptly
move to the scene of the crime to inspect and preserve material evidence and establish the
conditions of the locations and persons and all that may reveal the truth. He shall take
statements of those present and any person in possession of information relevant to the
crime and its perpetrator. He shall promptly notify the Bureau of Investigation and Public
Prosecution of his movement to the crime scene.

Article 32

In case of flagrante delicto, the preliminary criminal investigation officer may, upon his
arrival at the crime scene, prevent persons present from leaving the scene until a report is
drafted. He may immediately summon any person in possession of information relevant
to the crime.

If any person present at the scene fails to comply with the order of the preliminary
criminal investigation officer, or if the person summoned refuses to appear, a note to that
effect shall be included in the report and the violator shall be referred to the competent
court to take appropriate action.

Chapter Three: Arrest of the Accused

Article 33

In case of flagrante delicto, the preliminary criminal investigation officer shall arrest the
accused against whom sufficient evidence exists for charging him with the crime. A report
to that effect shall be drafted and the Bureau of Investigation and Public Prosecution shall

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be promptly notified. In all cases, the arrested person shall not be detained for more than
twenty four hours, except upon a written order by the investigator.

If the accused is not present, the preliminary criminal investigation officer shall issue an
order for his arrest and a note to that effect shall be included in the report.

Article 34

The preliminary criminal investigation officer shall immediately hear the statement of the
arrested person. If there is sufficient evidence for accusation, the officer shall, within
twenty four hours, refer the accused, along with the report to the investigator who shall,
within twenty four hours, interrogate him and order his detention or release.

Article 35

In other than flagrante delicto cases, a person may not be arrested or detained without an
order from the competent authority.

Article 36

1. A detainee shall be treated with dignity and may not be subjected to any bodily or
moral harm. He shall also be informed of the reasons of his detention, and he may
contact any person of his choice to inform him of his arrest.

2. If the investigator decides to keep an employee in detention, the employer of said

detainee shall be promptly notified.

3. A woman shall give her statement and be interrogated and investigated in the presence
of a mahram (i.e. a male relative precluded from marrying her). If not possible, this
shall be conducted in a manner that precludes khalwah (i.e. being alone with a male
investigator).

Article 37

No person may be detained or imprisoned except in places legally designated for such
purpose. The administration of any prison or detention center may not receive any person

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except pursuant to an order specifying the grounds and period for such imprisonment or
detention and duly signed by the competent authority. Said person may not remain in
custody following the expiry of the period specified in the order.

Article 38

Designated members of the Bureau of Investigation and Public Prosecution shall, at any
time and without regard to official hours, visit prisons and places of detention within their
jurisdiction to ensure that no person is unlawfully imprisoned or detained. They shall
have access to files of the prisons and detention centers, communicate with prisoners and
detainees, hear their complaints, and receive whatever they submit in this regard.
Wardens of prisons and detention centers shall provide members of the Bureau of
Investigation and Public Prosecution with any assistance they may need for the discharge
of their duties.

Article 39

Any prisoner or detainee may submit, at any time, a written or oral complaint to the
warden of prison or detention center and request that he refer it to a member of the
Bureau of Investigation and Public Prosecution. The director shall accept the complaint
and promptly report it, upon entering such complaint in a special register, and provide the
prisoner or detainee with proof of receipt. The administration of the prison or detention
center shall allocate an office for the designated member of the Bureau of Investigation
and Public Prosecution to monitor the conditions of prisoners or detainees.

Article 40

Any person with knowledge that a person is unlawfully imprisoned or detained, or held
in a place not designated for imprisonment or detention, shall notify the Bureau of
Investigation and Public Prosecution. Upon notification, the competent member of the
Bureau shall immediately proceed to the place where the prisoner or detainee is held and
conduct the necessary investigation. If such imprisonment or detention is found to be
unlawful, he shall order the release of such person. A report to that effect shall be drafted

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and submitted to the competent authority to take necessary legal action against those
responsible.

Chapter Four: Search of Persons and Dwellings

Article 41

The privacy of persons, their dwellings, offices and vehicles shall be protected. The
privacy of a person shall include his body, clothes, property and belongings. The privacy
of a dwelling covers any fenced area or any other place enclosed within barriers or
intended to be used as a dwelling.

Article 42

A preliminary criminal investigation officer may not enter or search any inhabited place
except in cases provided for in the law, pursuant to a reasoned order issued by the Bureau
of Investigation and Public Prosecution. Places other than dwellings may be searched
pursuant to a search warrant issued by the investigator stating reasons therefor. If the
owner or occupant of a dwelling denies or resists entry of the preliminary criminal
investigation officer, said officer may use all lawful means, as the case may be.

A dwelling may be entered in case of a request for help from within, or in case of a
demolition, drowning, fire, or the like, or in immediate pursuit of a perpetrator.

Article 43

A preliminary criminal investigation officer may search the accused in the situation where it
is lawful to arrest him. The search may include his body, clothes and belongings. If the
accused is a female, the search shall be conducted by a female assigned by the preliminary
criminal investigation officer.

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Article 44

In case of flagrante delicto, a preliminary criminal investigation officer may search the
dwelling of the accused and seize any items that may help determine the truth if there is
credible evidence that such items exist therein.

Article 45

If it appears from circumstantial evidence during the search of a dwelling of the accused
that he, or any other person who has been present therein, is concealing any relevant
evidence, the preliminary criminal investigation officer may search such person.

Article 46

The search shall be limited to items relevant to the crime under investigation or inquiry. If
such search incidentally reveals items the possession of which constitutes a crime or leads
to solving another crime, the preliminary criminal investigation officer shall seize such
items and record the same in the search report.

Article 47

A dwelling shall be searched in the presence of the owner, his designee or a competent
member of the family residing with him. If no such person is present, the search shall be
conducted in the presence of the Umda (Chief) of the quarter or an equivalent officer or
two witnesses. The owner of the dwelling, or designee, shall be shown the search warrant
and the same shall be entered into the report.

Article 48

The search report shall include the following:

1. name of the officer who conducted the search, his position and signature as well as
date and time of the search;

2. the text of the search warrant or the exigent circumstances that necessitated the search
without a warrant;

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3. names and signatures of persons present at the time of the search;

4. an accurate description of seized items; and

5. all actions taken during the search and those taken with respect to seized items.

Article 49

The preliminary criminal investigation officer may not open sealed or closed documents
found in the dwelling of the accused. A statement to this effect shall be entered into the
search report and such documents shall be submitted to the relevant investigator.

Article 50

1. Prior to leaving the location subject of the search, seized items and documents shall be
kept in a safe and locked place, and shall be sealed and tied together whenever
possible. The date of the seizure and a reference to the crime shall be indicated in the
seal.

2. Seized items shall be kept with the competent investigation authority in a safe and
secure place designated for such purpose. Storage of such items shall be carried out
according to the nature of each seized item. A special record shall be maintained for
seized items, stating item number, case number, type and names of parties involved,
case summary, item description and action taken. Such places shall be monitored and
inspected by the Bureau of Investigation and Public Prosecution.

Article 51

Pursuant to Article 50 of this Law, fixed seals may not be broken except in the presence of
the accused or his agent, or the person with whom those items were found, unless they fail
to appear before the competent authority within the designated time, after being duly
summoned.

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Article 52

The search shall be conducted during daytime, between sunrise and sunset in accordance
with the powers conferred by law, and may continue through the night. No access to
dwellings during the night may be allowed except in cases of flagrante delicto.

Article 53

If there is no person other than the accused woman in the dwelling to be searched, the
officers carrying out the search shall be accompanied by a woman.

Article 54

Subject to the provisions of Articles 43 and 45 of this Law, if there are women in the
dwelling and the entry of that dwelling is not for the purpose of arresting or searching
said women, the officers in charge of such search shall be accompanied by a woman. The
women inside the dwelling shall be given time to take cover or leave the dwelling and
shall be afforded all necessary assistance that does not negatively affect the search or its
results.

Article 55

No person other than the accused, nor a dwelling other than his may be searched, except
where there are strong indications that such search would help in the investigation.

Chapter Five: Seizure of Mail and Surveillance of Conversations

Article 56

Mail, cables, telephone conversations and other means of communication shall be

inviolable and, as such, may not be accessed or monitored except pursuant to a reasoned
order and for a limited period as provided for in this Law.

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Article 57

The Chairman of the Bureau of Investigation and Public Prosecution may order seizure of
letters, correspondences, publications, and packages and authorize monitoring and
recording of telephone conversations, if such action is useful in solving a crime. Such
order or authorization shall be reasoned and for a period not exceeding 10 days,
renewable according to the requirements of the investigation.

Article 58

Mail, documents, recorded material and any other seized items may be accessed only by
the investigator. He may order the items or copies thereof to be added to the case file or
returned to their possessor or to the addressee.

Article 59

The accused or the addressee shall be informed of the content of seized mail and cables or
provided with copies thereof as soon as possible, unless it is deemed to have a negative
effect on the investigation.

Article 60

The person having the right to seized items may claim repossession of such items from the
investigator. In case of refusal, he may appeal to the head of the investigator's department.

Article 61

The investigator and anyone who, as a result of the search, becomes privy to information
about seized items and documents shall maintain their confidentiality and may not benefit
therefrom in any way or disclose the same to a third party, except as stipulated by law. In
case of unlawful disclosure or benefit, said investigator shall be held liable.

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Article 62

Subject to the provisions of Article 59 of this Law, if the person, in whose possession said
documents were seized, has an urgent need therefor, he shall be provided with a copy
thereof attested by the investigator.

Part Four: Investigation Procedures

Chapter One: Actions of the Investigator

Article 63

If the investigator concludes that there is no ground to proceed with the case, he may
recommend closure of the case. However, the decision to close the case shall be issued by
the head of the relevant department.

Article 64

If a decision to close the case is issued, the investigator shall notify the victim and any
claimant of private right of such decision. In case of death of either of them, the decision
shall be communicated to the heirs at the place of residence of the deceased.

Article 65

During investigation, the accused may seek the assistance of an agent or a lawyer. The
investigator shall investigate major crimes as provided for in this Law. He may also
investigate other crimes if the circumstances or gravity of the case so require or may file a
lawsuit to summon the accused to appear in person before the competent court.

Article 66

The investigator may assign in writing any of the preliminary criminal investigation
officers to carry out one or more of the investigation proceedings save for the interrogation
of the accused. The assigned officer shall have, within the scope of his assignment, the

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same powers as of the investigator in carrying out such proceedings. If the circumstances
of the case warrant that the investigator act beyond his jurisdiction, he may, as the case
may be, assign the proceedings to an investigator or a preliminary criminal investigation
officer from the competent department. The investigator shall carry out such proceedings
if deemed necessary for the investigation.

Article 67

In all assignment cases, the investigator shall specify – in writing – the objectives as well as
procedures to be taken. The assignee may carry out any other act of investigation and
interrogate the accused in cases of urgency if such proceeding is deemed relevant to the
assigned task and necessary for solving the case.

Article 68

The investigation procedures and results thereof are deemed confidential and may not be
disclosed by the investigators or their assistants – clerks, experts, and other persons
connected with or attending the investigation by virtue of their position or profession. The
violator shall be held liable.

Article 69

1. Any person sustaining harm as a result of a crime may claim his private right during
the investigation. The investigator shall decide on such claim within three days. If the
claim is rejected, an appeal may be lodged with the head of the relevant department
within one week from the date of notification thereof. The decision issued by the head
of the relevant department during the investigation shall be final.

2. The accused, victim, claimant of private right, and their respective agents or attorneys
may attend the investigation proceedings in accordance with the relevant regulations
of this Law.

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Article 70

The investigator may not, during the investigation, separate the accused from his agent or
attorney. The agent or attorney may not intervene in the investigation except with the
permission of the investigator. In all cases, the agent or attorney may deliver to the
investigator a written memorandum of his comments and the investigator shall attach
such memorandum to the case file.

Article 71

The parties shall be notified of the date, time and place of the investigation proceedings.

Article 72

The victim and claimant of private right shall designate an address in the area jurisdiction
of the court where the investigation is conducted if they are not residents of such area. If
they fail to do so, they shall be deemed notified once the court administration is notified.

Article 73

The parties may submit their requests to the investigator during the investigation. The
investigator shall decide on such requests stating grounds therefor.

Article 74

If the orders and decisions of the investigator regarding the investigation are not issued in
the presence of the parties, he shall notify them of the same within three days from the
date of issuance.

Article 75

The investigator may, in the exercise of his duties, seek the assistance of police officers
whenever necessary.

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 Chapter Two: Assignment of Experts

Article 76

The investigator may seek the assistance of an expert with respect to any matter relating to
the investigation.

Article 77

The expert shall submit his report in writing within the time prescribed by the
investigator. The investigator may replace the expert if the expert fails to submit his report
by the specified date or if the investigator finds a legitimate reason for replacement. Each
party may submit a report prepared by a different expert serving as an advisor.

Article 78

In the existence of valid grounds, the parties may object to the appointment of the expert.
Such objection shall, together with the grounds, be submitted to the investigator for
decision. The investigator shall decide on the objection within three days from the date of
submission. Upon filing the objection, the expert shall be suspended. In case of urgency,
the investigator may order the expert to continue his work.

Chapter Three: Moving to the Scene, Inspection, Search, and Seizure of Items Related to
the Crime

Article 79

The investigator shall, when necessary and upon being notified of a crime committed
within his jurisdiction, move promptly to the scene where the crime is committed to carry
out the necessary inspection before the evidence of the crime is lost, obliterated or altered.
This shall not prevent providing first aid to injured persons.

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Article 80

Search of dwellings is an act of investigation and shall not be resorted to except where a
person residing in the dwelling intended to be searched is charged with committing or
participating in a crime, or in the presence of presumptions indicating that he is in
possession of items related to the crime. The investigator may search the entire place and
seize any item that may have been used in the commission of the crime or resulted
therefrom as well as anything that may lead to solving the crime, including documents or
weapons. In all cases, the investigator shall prepare a report on the search, specifying
grounds therefor and results thereof, taking into account that dwellings may not be
entered or searched except as provided by law and pursuant to a search warrant issued by
the Bureau of Investigation and Public Prosecution.

Article 81

The investigator may search the accused and any other person if it appears from strong
inferences that he is concealing items that may lead to solving the crime. Said search shall
be in accordance with the provisions of Article 43 of this Law.

Article 82

Seizure of mail, publications, packages, cables, telephone conversations and other means
of communication shall be subject to the provisions of Chapter Five of Part Three of this
Law.

Article 83

Seized items and documents shall be handled in accordance with the provisions of Article
50 of this Law.

Article 84

The investigator may not seize any papers or documents delivered by the accused to his
agent or attorney in connection with performing the duty entrusted to him, nor
correspondences exchanged between them in relation to the case.

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Article 85

If the investigator has evidence that a certain person is in possession of items relevant to
the crime subject of the investigation, he shall seek an order from the head of the relevant
department for the delivery of such items to the investigator or access thereto, as the case
may be.

Chapter Four: Disposition of Seized Items

Article 86

An order may be issued that any item seized during the investigation be returned even
before a judgment is rendered, except if such items are necessary for the proceedings or
subject to confiscation.

Article 87

Seized items shall be returned to the person in possession of such items at the time of
seizure. If such items were subject of the crime or resulting therefrom, they shall be
returned to the person who lost possession thereof as a result of the crime, unless the
person in whose possession they have been found is entitled to retain them.

Article 88

An order for the return of seized items shall be issued by the investigator or the competent
court within whose jurisdiction the investigation is conducted. The competent court may
order the return of said items during the trial.

Article 89

An order to return seized items shall not preclude concerned parties from claiming their
rights before the competent court, except for the accused and the claimant of private right
if such order is issued by the court pursuant to a petition by either of them against the
other.

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Article 90

The investigator may not order the return of seized items in case of a dispute or doubt as
to who has the right to receive them. In such case, the matter shall be referred to the
competent court to decide thereon pursuant to a petition by the concerned parties.

Article 91

Upon the issuance of an order for closing the case, disposition of seized items shall be
determined. Likewise, the same shall apply if a decision is rendered in the case and the
return of such items is sought before the court.

Article 92

Seized items not claimed by the owners – after being notified of their right to recover them
– shall be deposited with the General Commission for Guardianship over Property of
Minors and those of Similar Status.

Article 93

The court within whose jurisdiction an investigation is conducted may, on sufficient

grounds, refer the parties to the competent court. In such case, seized items may be kept
under protection or placed under any other precautionary measures.

Article 94

If a seized item is perishable or if the cost of preserving it exceeds its value, the court shall
order its delivery to its owner or to the General Commission for Guardianship over
Property of Minors and those of Similar Status to sell it in public auction if permitted by
the investigation. In such case, the claimant of ownership may claim the value for which it
was sold.

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 Chapter Five: Hearing of Witnesses

Article 95

The investigator shall hear the testimony of witnesses called by the parties unless he
deems it unnecessary. He may also hear the testimony of any other witness whose
testimony may lead to proving the crime, its circumstances, and its attribution to the
accused or his innocence therefrom.

Article 96

The investigator shall enter into the report full information about each witness, including
his name, surname, age, profession or occupation, nationality, place of residence and
relation to the accused, the victim or the claimant of private right.

Such particulars and the testimonies of witnesses and proceedings for hearing them shall
be entered into the report without amendment, deletion, obliteration, insertion, or
addition. Such changes shall not be valid unless endorsed by the investigator, the clerk
and the witness.

Article 97

The testimony shall be signed by the investigator and the clerk as well as the witness after
being read to him. If the witness declines to sign or affix his fingerprint on such testimony,
or is unable to do so, a note to this effect shall be entered into the report together with
reasons given by the witness.

Article 98

The investigator shall hear each witness separately, and he may have witnesses confront
each other or the parties.

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Article 99

Following the hearing of the witness, the parties may comment on his testimony and may
ask the investigator to hear the witness regarding other matters they may raise. The
investigator may refuse to direct irrelevant or defamatory questions.

Article 100

If a witness is ill or unable to attend, his testimony shall be heard at the place where he is.

Chapter Six: Interrogation and Confrontation

Article 101

1. When the accused appears for the first time for interrogation, the investigator shall
record all his personal information, inform him of the charge against him and record
any statements he makes regarding the accusation. The investigator may have the
accused confront other accused persons or witnesses. The accused shall sign his
statements after they are read to him. If he declines to sign, a note to that effect, along
with the reasons therefor, shall be entered into the report.

2. If the accused confesses during the investigation that he committed a crime punishable
by death, amputation or qisas in cases requiring capital punishment or less, such
confession shall be attested by the competent court and entered into the record,
witnessed and signed by court clerk.

Article 102

The interrogation shall be conducted in a manner not affecting the will of the accused in
making his statements. The accused may not be asked to take an oath nor subjected to any
duress measures. He may not be interrogated outside the premises of the entity
conducting the investigation unless deemed necessary by the investigator.

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 Chapter Seven: Summons and Arrest Warrants

Article 103

In all cases, the investigator may, as the case may be, summon any person to be
interrogated, or issue a warrant for his arrest if the investigation so requires.

Article 104

A summon shall include the full name of the summoned person, his nationality,
occupation or profession, place of residence, summon date, time and date of his
appearance, name and signature of the investigator and the official seal. In addition to the
aforementioned information, the arrest warrant shall order the law enforcement officers to
promptly arrest and bring the accused before the investigator if he refuses to appear
voluntarily. The detention warrant shall, in addition to the above, instruct the warden of
detention center to admit the accused, together with explaining the charge against him
and grounds thereof.

Article 105

A summon shall be communicated to the person wanted for interrogation through one of
the process servers or law enforcement officers who shall deliver a copy of the summon to
said person, if available, or to a competent family member residing with him.

Article 106

Warrants issued by the investigator shall be valid throughout the Kingdom.

Article 107

If the accused, after being duly summoned, fails to appear without an acceptable reason,
or if it is feared that he may flee, or if he is caught in flagrante delicto, the investigator may
issue a warrant for his arrest even if the incident per se does not require detention of the
accused.

25 | Law of Criminal Procedure

Article 108

If the accused has no known place of residence, he shall specify a place acceptable to the
investigator, failing which the investigator may issue a warrant for his detention.

Article 109

The investigator shall interrogate the accused immediately upon his arrest. If not possible,
the accused shall remain in detention pending interrogation. The detention period may
not exceed twenty four hours. If said period expires without interrogating the accused, the
warden of the detention center shall notify the head of the relevant department. Said
department shall immediately interrogate him or order his release.

Article 110

If the accused is arrested outside the jurisdiction of the department conducting the
investigation, he shall be brought to the investigation department in the area where he is
arrested. This department shall verify all the relevant personal particulars and inform the
accused of the charge against him and record his statements in respect thereof. If the case
requires his transfer, he shall be notified of the place to which he is transferred.

Article 111

If the accused objects to his transfer, or if his health condition does not permit such
transfer, the investigator shall be informed accordingly and shall promptly take necessary
action.

Chapter Eight: Detention Warrant

Article 112

The Minister of Interior shall, upon a recommendation by the Chairman of the Bureau of
Investigation and Public Prosecution, determine serious crimes mandating detention. This
shall be published in the Official Gazette.

26 | Law of Criminal Procedure

Article 113

If it appears, following the interrogation of the accused, or in the event of his flight, that
there is sufficient evidence of a serious crime against him, or if the interest of the
investigation requires his detention, the investigator shall issue a warrant for his detention
for a period not exceeding five days from the date of his arrest.

Article 114

Detention shall end upon the lapse of five days, unless the investigator decides to extend
such period. In which case, he shall, prior to its expiry, refer the file to the head of the
branch of the Bureau of Investigation and Public Prosecution or his designee from among
the heads of departments within his jurisdiction to issue an order for release of the accused
or extension of detention for a period or consecutive periods provided that such period(s)
do not exceed in their aggregate 40 days from the date of arrest. In cases requiring
detention for a longer period, the matter shall be referred to the Chairman of the Bureau of
Investigation and Public Prosecution, or his designee from among his deputies, to issue an
order extending the detention for a period or consecutive periods. Each of such periods
shall not exceed 30 days and their aggregate shall not exceed 180 days from the date of
arrest of the accused after which, the accused shall be immediately referred to the
competent court or be released.

In exceptional cases requiring detention for longer periods, the court may approve a
request for the extension of detention for a period or consecutive periods as it may see fit
and issue a reasoned judicial order to this effect.

Article 115

Upon detention of the accused, the original detention warrant shall be delivered to the
warden of detention center who shall sign a copy of such warrant as an acknowledgement
of receipt.

A provisional detainee may appeal his detention order or extension thereof to the head of
the relevant investigation department or head of the branch of the Bureau of Investigation
and Public Prosecution, or the Chairman of the Bureau of Investigation and Public

27 | Law of Criminal Procedure

Prosecution, as the case may be. Such appeal shall be decided within five days of
submission date.

Article 116

Any person arrested or detained shall be immediately notified of the grounds for his arrest
or detention and shall have the right to contact any person of his choice, under the
supervision of the preliminary criminal investigation officer.

Article 117

Warrants for arrest, summons or detention may not be executed upon the lapse of six
months from date of issuance, unless renewed.

Article 118

The warden of prison or detention center shall not allow law enforcement officers to
communicate with the detainee without a written authorization from the investigator. A
note showing name of the authorized person, time of the meeting, and date and content of
such authorization shall be entered into the relevant register.

Article 119

In all cases, the investigator may order the accused be held incommunicado for a period
not exceeding 60 days if the interest of the investigation so requires, without prejudice to
the right of the accused to contact his agent or attorney.

Chapter Nine: Provisional Release

Article 120

An investigator in charge of the case may, at any time, whether of his own accord or
pursuant to a request by the accused, issue an order for the release of the accused, if he
finds that his detention is groundless; his release would not impair the investigation; or he

28 | Law of Criminal Procedure

is unlikely to flee or disappear, provided the accused undertakes to appear when
summoned.

Article 121

In cases other than those where the release is mandatory, the accused shall not be released
until he designates an address acceptable to the investigator.

Article 122

An order for release shall not preclude the investigator from issuing a new arrest warrant
or a detention order against the accused if evidence against him becomes more compelling
or where the accused violates his undertakings or if circumstances require such action.

Article 123

If the accused is referred to court, such court shall have jurisdiction to release him if
detained or detain him if released.

If lack of jurisdiction is determined, the court rendering the judgment of lack of

jurisdiction shall have jurisdiction to consider the release or detention request, pending the
filing of the case with the competent court.

In all cases, the public prosecutor may object to the release of the accused.

Chapter Ten: Completion of Investigation and Disposition of the Case

Article 124

If the investigator finds, upon completion of the investigation, that there is no sufficient
evidence or grounds to file a case, he shall recommend to the head of the relevant
department to close the case and release the accused, unless he is detained for another
reason. The order of the head of the relevant department supporting the same shall be
effective, except in major crimes where the order shall not be valid unless endorsed by the
Chairman of the Bureau of Investigation and Public Prosecution or designee.

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Said order shall state the grounds therefor and be communicated to the private right
claimant notifying him of his right to claim private right before the competent court
pursuant to Article 16 of this Law, or to his heirs at his place of residence in case of his
death. Said notification shall be in accordance with a form designed for such purpose and
signed by the investigator and the head of department. A certified copy of said notification
shall be delivered to the claimant of private right, or his heirs, after signing the original
acknowledging receipt, for submission to the competent court. This shall also apply to the
order for closing the case provided for in Article 64 of this Law.

Article 125

The decision to close the case shall not preclude the reopening of the case and the
investigation if new evidence solidifying the charge against the defendant surfaces. New
evidence shall include testimony of witnesses, reports and other documents not
previously presented to the investigator.

Article 126

If the Bureau of Investigation and Public Prosecution, upon completion of the

investigation, finds that there is sufficient evidence against the accused, the case shall be
referred to the competent court, and summons shall be served to the accused to appear
before it. The case shall be filed by means of an indictment including the following details:

1. first name, surname, nationality, age, place of residence, profession or occupation,

identification number and legal capacity of the accused;

2. name, capacity, address and identification number of the private right claimant (if
any);

3. crime attributed to the accused specifying its elements and related aggravating or
extenuating circumstances;

4. applicable provisions of Sharia or law specifying the type of punishment, whether

hadd (Sharia prescribed punishment) or ta’zir (discretionary punishment);

5. evidence that a crime is committed and attributed to the accused;

30 | Law of Criminal Procedure

6. names of witnesses (if any); and

7. name and signature of the relevant member of the Bureau of Investigation and Public
Prosecution.

The Bureau of Investigation and Public Prosecution shall notify the parties of the order
referring the case to the court within five days from the date of issuance.

Article 127

If the investigation covers a number of related crimes within the jurisdiction of courts of
similar jurisdiction, all these crimes shall be filed pursuant to a single order before the
court having territorial jurisdiction over any of the crimes. If such crimes are within the
jurisdiction of courts of different jurisdictions, they shall be referred to the court with
broader jurisdiction.

Part Five: Courts

Chapter One: Criminal Jurisdiction

Article 128

Without prejudice to the jurisdictions of other courts, the criminal court shall have
jurisdiction over all criminal cases.

Article 129

The general court, in the area where there is no criminal court, shall assume the
jurisdiction of the criminal court, unless determined otherwise by the Supreme Judicial
Council.

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Article 130

Court territorial jurisdiction shall be determined by the location where the crime is
committed or where the accused resides. If the accused has no known place of residence,
jurisdiction shall be determined by the location of his arrest.

Article 131

A place of a crime is a place where a criminal act is committed or an omission if such

omission leads to bodily harm.

Article 132

The court considering a criminal case shall have jurisdiction to decide all matters deemed
necessary for ruling on the criminal case filed before it, unless the law stipulates otherwise.

Article 133

If a judgment in a criminal case is contingent on the outcome of a judgment in another

criminal case, the proceedings shall be stayed pending a decision on the other case.

Chapter Two: Conflict of Jurisdiction

Article 134

If a case regarding one or multiple related crimes are filed before two courts, and each
court asserts its jurisdiction or lack thereof, and that jurisdiction is exclusive to these
courts, a petition for designating the court to decide the case shall be filed before the
Supreme Court.

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 Part Six: Trial Proceedings

Chapter One: Summoning of Parties

Article 135

If a case is filed before a court, the accused shall be summoned to appear before it. No such
summons shall be necessary if the accused is present at the hearing and a charge is issued
against him.

Article 136

The date for appearance in a criminal action shall be scheduled after a period not less than
three days from of the date of notification of parties of the indictment. Said period may, if
necessary, be reduced to one hour provided the party is personally notified thereof and he
is able to reach the court in time. Reduction of said period shall be pursuant to a
permission by the court considering the case. An accused person caught in flagrante
delicto may be immediately brought before the court. If the accused appears and requests
the court to grant him time to prepare his defense, the court shall grant him sufficient
time.

Article 137

The summons shall be served on the accused personally, or at his place of residence,
pursuant to rules specified in the Law of Civil Procedures. If it is not possible to locate the
place of residence of the accused, the summons shall be delivered at his last place of
residence in the Kingdom, or to the relevant governorate, county, or township. The place
where the crime is committed shall be deemed the last place of residence of the accused,
unless established otherwise.

Article 138

Prisoners or detainees shall be summoned through the warden of prison or detention

center, or designees.

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 Chapter Two: Appearance of Parties

Article 139

In major crimes, the accused shall personally appear before the court, without prejudice to
his right to seek legal assistance. If the accused cannot afford appointing an attorney, he
may request the court to appoint one for his defense at the expense of the State in
accordance with the regulations.

As for other crimes, the accused may be represented by an agent or an attorney. In all
cases, the court may order the accused to appear before it in person.

Article 140

If the accused who has been duly summoned fails to appear on the date specified in the
summons and has not sent an agent where permissible, the judge shall proceed to hear the
prosecution's case and evidence and enter the same in the case record. The Judge shall not
render a judgment except in the presence of the accused. If the accused fails to appear
without an acceptable excuse, the judge may issue a warrant for his detention.

Article 141

If a case is initiated against multiple persons with respect to one incident, and some of
them fail to appear in spite of being summoned, the judge shall proceed to hear the
prosecution's case and evidence against all of them, and shall enter the same in the case
record. He may not render a judgment against the absentees until they appear before him.

Chapter Three: Order at Court Sessions

Article 142

Order and management of a court session are vested with its chairman, who may remove
any person disturbing the session from the courtroom. If said person fails to abide by the
court’s order, the court may immediately order his imprisonment for a period not

34 | Law of Criminal Procedure

exceeding twenty four hours, and such order shall be final. The court may, at any time
before the end of the session, retract said order.

Article 143

The court may try any person who commits an act of assault on the court panel – while in
session – or on any of its judges or staff and issue a sentence against him according to
Sharia principles, after hearing his statements.

Article 144

If a crime other than those covered by Articles 142 and 143 of this Law is committed
during a court session, the court may, if it decides not to refer the case to the Bureau of
Investigation and Public Prosecution, render a judgment against the accused according to
Sharia principles, after hearing his statements. If the case falls within the jurisdiction of
another court, it shall be referred to that court.

Article 145

Crimes committed during a court session not immediately determined by that court shall
be decided in accordance with general legal principles.

Chapter Four: Recusal and Dismissal of Judges

Article 146

Subject to the provisions of Chapter Three of this Part, the recusal and dismissal of judges
shall be subject to the provisions of the Law of Civil Procedures. A judge may not consider
the case if the crime is committed against him at times other than court sessions.

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 Chapter Five: Private right of Action

Article 147

Any person harmed by a crime, or his heirs, may submit a petition to the court considering
the criminal case to claim his private right, regardless of the stage of proceedings or if such
petition was denied during the investigation.

Article 148

If the person harmed by a crime lacks capacity and has no guardian or trustee, the court
with which the criminal action is filed shall appoint a guardian to claim his private right.

Article 149

A private right of action shall be initiated against the accused if he is competent or against
his guardian or trustee if he is incompetent. If the accused has no guardian or trustee, the
court shall appoint a guardian on his behalf.

Article 150

A claimant of private right shall designate a place within the town where the court is
located, and this shall be recorded with the court. If the claimant fails to do so, his
notification through the court shall be deemed valid.

Article 151

Abandonment of private right shall not affect the criminal right of action.

Article 152

If a claimant of private right abandons his action in the proceedings initiated before the
court considering the criminal case, he may continue such action before the court and may
not file such action before another court.

36 | Law of Criminal Procedure

Article 153

If a person harmed by a crime files an action for damages with a competent court, and a
criminal action is filed, he may abandon his action before that court and file it with the
court considering the criminal action, unless pleadings in either action are completed.

Chapter Six: Rules and Proceedings of Sessions

Article 154

Court sessions shall be public. The court may exceptionally consider the action or any part
thereof in closed sessions, or may prohibit certain categories of people from attending
those sessions for security reasons, observance of public morality, or if it is necessary for
determining the case.

Article 155

Court sessions shall be attended by a clerk to prepare court records under the supervision
of the presiding judge. A record shall indicate names of the judges comprising the court's
panel, name of prosecutor, session’s place and time, basis for reviewing the case, names of
parties present and their advocates, their statements and claims, a summary of their
pleadings, evidence (including testimonies), all proceedings taken during the session as
well as wording and grounds of the judgment. Each page of the record shall be signed by
the presiding judge, members of the panel, the clerk, attending parties and advocates,
witnesses and others. Should anyone refuse to sign, a note to this effect shall be entered
into the record.

Article 156

In crimes specified in the regulations of this Law, the prosecutor must attend court
sessions related to public right, and the court shall hear his statements and decide thereon.

37 | Law of Criminal Procedure

Article 157

The accused shall not be physically restrained or handcuffed during court sessions. He
shall be sufficiently guarded and may not be removed from any session unless he commits
an act calling for such removal. In such event, proceedings shall continue and the accused
may be allowed back to the session if the reasons for his removal no longer exist. The court
shall notify him of any proceeding taken in his absence.

Article 158

The court is not bound by the characterization provided in the indictment, and must
provide its own characterization and notify the accused thereof.

Article 159

Unless deliberations are closed, the court may, at any time, permit the prosecutor to
amend the indictment, and shall notify the accused of such amendment and afford him
ample opportunity to prepare his defense regarding such amendment, in accordance with
the law.

Article 160

The court shall, during the session, inform the accused of the offense of which he is
charged, read the indictment and explain it to him, provide him with a copy thereof and
ask him to respond to the charge.

Article 161

If the accused at any time confesses to the charge, the court shall hear and examine his
statement in detail. If the court is satisfied that the confession is valid and sees no need for
additional evidence, it shall decide the case. Otherwise, it shall further investigate the case.

38 | Law of Criminal Procedure

Article 162

If the accused denies the charges or refuses to respond, the court shall proceed to hear the
evidence and take necessary action. It shall interrogate the accused in detail regarding the
evidence and charges. Each of the parties may, with the permission of the court, cross-
examine witnesses and evidence.

Article 163

Each party may request to call any witness and examine evidence he submits, and may
request the carrying out of a specific investigation procedure. The court may deny such
motion if it considers that it is intended for delay, malice or deception, or that granting
such motion serves no purpose.

Article 164

The court may call any witness if it finds that there is a need to hear or reexamine his
statements. It may also hear any person who, on his own accord, appears before the court,
if the court finds that his testimony has bearing on the case.

Article 165

Subject to Sharia rules governing testimony in hadd cases, any person summoned to
testify, pursuant to a judge’s order, must appear before the court at the designated time
and place.

Article 166

If it is established that a witness has knowingly provided false statements, he shall be

punished for the crime of perjury.

Article 167

If a witness is a minor or his testimony is otherwise inadmissible, his statement shall not
constitute a testimony. However, if the court finds that such testimony is relevant, it may

39 | Law of Criminal Procedure

hear it. If the witness suffers from an illness or a serious disability rendering his
communication with the judge impossible, the court may seek the assistance of someone
who can communicate with him, but such a statement shall not be deemed a testimony.

Article 168

Testimony shall be given at the court, and each witness shall be heard separately. Where
necessary, witnesses may be kept apart and/or confronted with each other. The court shall
not allow leading questions or questions intended to influence the witness. It shall also
prohibit directing indecent questions, unless they relate to material facts, which would
determine the outcome of the case. The court shall protect witnesses against any attempt
to intimidate or confuse them during the testimony.

Article 169

If necessary, the court may move to the location of the crime, or to any other location, to
conduct inspection, hear testimony of a witness unable to attend, or ascertain any matter.
The court shall allow the parties to be present at the location. It may assign any of its
judges for such task.

Any proceeding taken by said judge shall be subject to rules applicable to trial
proceedings.

Article 170

The court may issue an order requiring any person to surrender a certain item in his
possession. It may also order the attachment of any item related to the case, if deemed
material to the case. A document or any other item submitted during the trial may be kept,
pursuant to a court order, pending determination of the case.

Article 171

The court may assign one or more experts to provide opinion on any technical issue
related to the case. The expert shall, within the prescribed time, submit to the court a
written report stating his opinion. The parties may obtain a copy of said report. If the

40 | Law of Criminal Procedure

parties, witnesses or any of them do not understand Arabic, the court may seek the
assistance of one or more interpreters. Any established willful negligence or
misrepresentation by an expert or interpreter shall be subject to punishment by the court.

Article 172

Each party may provide the court with any statement related to the case in writing for
inclusion in the case file.

Article 173

The court shall first hear the prosecutor’s charges, then the response of the accused, or his
agent or attorney. The court shall then hear the claimant regarding the private right to be
followed by the response of the accused, or his agent or attorney. Each party shall be
entitled to respond to the statement of the other party, and the accused shall be the last to
address the court. The court may prevent any party from continuing the pleading if his
statement is irrelevant or repetitive. Thereafter, the court may either render a judgment
acquitting the accused or convicting him and imposing punishment. In both cases, the
court shall decide on the claim of private right.

Chapter Seven: Forgery as Subsidiary Action

Article 174

The prosecutor and all parties may, at any stage of the proceedings, contest any part of the
evidence as being forged.

Article 175

The contestation shall be filed with the court considering the case, and must specify the
contested evidence and grounds thereof.

41 | Law of Criminal Procedure

Article 176

If the trial court has a reason to believe that there is a prima facie case of forgery, it shall
refer the relevant documents to the competent authority and stay the action pending
resolution of the forgery action, if the determination of the case is contingent on the
contested document.

Article 177

If the court decides that there is no forgery, it shall punish contestant of forgery at its
discretion.

Article 178

If the court decides that all or part of an official document is forged, it shall order such
document to be excluded or corrected, as the case may be. A note to that effect shall be
entered into the record and the forged document be marked accordingly.

Chapter Eight: Judgment

Article 179

A court shall base its judgment on the evidence submitted during trial. The judge shall not
render a judgment based on his personal knowledge, nor shall he render a judgment
against such knowledge.

Article 180

Any judgment rendered on the subject matter of a criminal action shall decide the claims
of private right and the claims of the accused, unless the court determines that a decision
on those claims requires conducting a special investigation resulting in a delay in
determination of the criminal case. In such event, the court shall render a judgment in the
criminal case and defer ruling of such claims, pending completion of relevant proceedings.

42 | Law of Criminal Procedure

Article 181

1. The judgment shall, after being signed by the issuing judge(s), be read in an open
session with the presence of the parties, even though the case has been considered in
closed sessions. Said session shall be attended by all judges participating in rendering
the judgment, unless one of them is unable to attend.

2. After ruling, the court shall issue a deed, signed and sealed by the judge(s) rendering
the judgment, stating the name of the rendering court, date of issuance, names of
judges, names of parties and their agents, names of witnesses, the crime subject of the
case, a summary of claims or defenses submitted by the parties, supporting evidence,
summary of the case, number and date of the case, followed by reasoning, text and
legal bases of the ruling.

Article 182

All judgments shall be entered in the judgment record, unless otherwise decided by the
Supreme Judicial Council, and kept in the case file. A certified copy of the judgment shall
be given to the accused, the prosecutor and the claimant of private right, if any. Upon the
judgment becoming final, it shall be formally communicated to whomever the court
deems appropriate.

Article 183

The court rendering judgment on the subject matter shall decide on parties' claims in
relation to seized items. It may refer the dispute with respect to these items to the
competent court, if necessary. It may also issue a ruling for disposing of seized items
during trial.

Article 184

A ruling disposing of seized items, as provided for in Article 183 of this Law, shall not be
enforced if the judgment rendered in the case is not final, unless these items are
perishable, or if storing such items is costly.

43 | Law of Criminal Procedure

If the court rules to deliver seized items to a particular person, it may order immediate
delivery, provided the recipient undertakes, with or without guarantee, to return said
items if the ruling is overturned.

Article 185

If the crime relates to the possession of real property, the court may, during the
proceedings, issue an order that such real property be expropriated and placed at the
court’s disposal.

If a person is convicted of a crime coupled with the use of force, and if the court finds that
a person was dispossessed of a real property by the use of such force, it may issue an order
to return such property to the dispossessed person, without prejudice to the rights of
others to said property.

Article 186

If an accused is convicted or acquitted, pursuant to a judgment on the subject matter of the

criminal action, no additional criminal action may be filed against the accused for the same
acts and facts upon which the judgment was rendered.

If another criminal action is filed, the previous judgment shall be maintained regardless of
the stage of such action. The court shall adhere to the previous judgment, even if not
asserted by the parties. The previous judgment shall be established by submitting a
certified copy thereof, or an attestation by the court.

Chapter Nine: Invalidity

Article 187

Any proceeding contrary to Sharia or laws derived therefrom shall be invalid.

44 | Law of Criminal Procedure

Article 188

If the invalidity is due to non-compliance with laws governing the composition or

jurisdiction of the court, it may be asserted at any stage of the action, and the court shall,
on its own, invalidate the proceeding.

Article 189

Except as otherwise provided for under Article 188 of this Law, if the invalidity is
attributed to a rectifiable defect in the proceeding, the court shall rectify it. If it is
attributed to an unrectifiable defect, the court shall invalidate such proceeding.

Article 190

The invalidity of a certain proceeding shall not invalidate prior or subsequent

proceedings, unless subsequent proceedings are based thereon.

Article 191

If the court finds an unrectifiable material defect in the action, it shall dismiss the case.
Said dismissal shall not preclude refiling the case if legal requirements are satisfied.

Part Seven: Objection to Judgments: Appeal, Reversal and Reconsideration

Chapter One: Appeal

Article 192

1. The convicted person, prosecutor or claimant of private right shall be entitled to appeal
or petition review of judgments rendered by the courts of first instance during the
statutory period. The court rendering the judgment shall notify said parties of such
right upon pronouncing the judgment.

2. The Supreme Judicial Council shall specify the judgments which shall only be
reviewed by the court of appeals.

45 | Law of Criminal Procedure

3. The court of appeals shall review judgments without hearings, unless it decides to
consider the case by means of a hearing.

Article 193

Upon pronouncing the judgment, the court shall set a date not later than 10 days to receive
a copy of the judgment. A note to this effect shall be entered in the case file and signed by
the parties. If any party fails to appear in order to receive a copy of the judgment, said
copy shall be deposited in the case file on the same date and a note to this effect shall be
entered into the record. The date of depositing said judgment shall be deemed the
beginning of the statutory period for appeal. A copy of the judgment statement shall be
duly delivered to the prisoner or detainee within the period specified for delivery at the
place of imprisonment or detention through the process server. The warden of prison or
detention center, or designees, as well as the prisoner or detainee and the process server
shall sign both the original and the copy. The copy shall be delivered to the prison or
detention administration, and the original shall be returned to the court. The authority in
charge of the prisoner or detainee shall bring him to the court in order to file his appeal to
the judgment within the specified period for appeal, or waive such right and enter his
signature to this effect in the case record.

Article 194

Petition for appeal or review shall be made within 30 days. If the appellant fails to submit
his petition within said period, his right for appeal or review shall be deemed forfeited.
Judgments of death, stoning, amputation, or qisas in cases requiring capital punishment or
less shall be submitted to the court of appeals for review, even if none of the parties so
requests.

Article 195

1. Petition for appeal or review shall be made by means of a memorandum deposited

with the court rendering the judgment. Said memorandum shall state the appealed

46 | Law of Criminal Procedure

 judgment, its number and date, its grounds, appellant's claims and signature, and date
of deposit.

2. The court administration shall record the memorandum of appeal, on the date of its
deposit, in the relevant register and refer it immediately to the circuit which rendered
the judgment.

Article 196

The circuit rendering the appealed judgment shall review the memorandum of appeal
with respect to the grounds for such appeal without a hearing, unless otherwise necessary.
Said circuit shall either uphold or amend its judgment as it sees fit. If it upholds its
judgment, it shall refer it along with a copy of the case record and memorandum of appeal
and all documents to the court of appeals. If the judgment is amended, it shall be
communicated to the parties and, in this case, shall remain subject to applicable
procedures.

Article 197

1. The court of appeals shall schedule a session to consider the petition for appeal or
review if it decides to hold a hearing, and shall notify the parties of said session. If the
accused is imprisoned or detained, the authority in charge shall bring him to the court
of appeals which shall expeditiously decide on the petition for appeal or review. If,
after being notified of the session date, the appellant or person requesting the review,
who is not imprisoned or detained, fails to attend the session and fails to submit within
15 days thereafter a request for continuation of the action, or fails to attend the second
session, the court shall, on its own accord, rule that his right for a petition for appeal or
review is forfeited, without prejudice to the provision of Article 199 of this Law.

2. The court of appeals shall consider the petition for appeal or review on the basis of the
documents included in the case file and the new defense or evidence presented by the
parties in support of their appeal. If the court decides to consider the case by means of
hearing, it shall, after hearing the parties with respect to the petition for appeal or

47 | Law of Criminal Procedure

 review, either uphold the judgment or reverse it, in whole or in part, and decide on the
reversed part.

Chapter Two: Reversal

Article 198

The convicted person, prosecutor and claimant of private right may file before the
Supreme Court a petition for reversal of judgments and decisions rendered or upheld by
courts of appeals, if the appeal is based on the following:

1. violation of Sharia and State laws in conformity therewith;

2. a judgment issued by a court not properly composed in accordance with the law;

3. a judgment issued by a court or circuit lacking jurisdiction; or

4. improper legal characterization and description of the incident.

Article 199

A petition for reversal of a judgment shall be made within 30 days. If the appellant fails to
submit his petition within said period, his right for reversal shall be deemed forfeited.
Judgments of death, stoning, amputation, or qisas in cases requiring capital punishment or
less, which are rendered or upheld by the court of appeals shall, immediately after the
lapse of the aforementioned period, be brought before the Supreme Court, even without
the parties' request.

Article 200

1. A petition for reversal of a judgment shall be by means of a memorandum deposited

with the administration of the court of appeals which rendered or upheld the
judgment. The memorandum shall include names and addresses of all parties, the
appealed judgment, its number and date, its grounds, appellant's claims and signature,
and date of deposit.

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2. The administration of the court of appeals shall record the memorandum of appeal, on
the date of its deposit, in the relevant register and refer it immediately, along with a
copy of the case file and all documents to the Supreme Court within a period not
exceeding three days following the expiry of the statutory period for appeal.

Article 201

With the exception of cases of death, stoning, amputation or qisas in cases requiring
capital punishment or less, the Supreme Court shall consider the appeal in terms of form,
with respect to information provided for in Article 200(1) of this Law, and whether the
appeal is duly filed, and shall decide to either admit or dismiss the appeal in terms of
form. If the appeal is dismissed in terms of form, the court shall issue a separate decision
to this effect.

Article 202

Without prejudice to the provisions of Articles 10 and 11 of this Law, if the Supreme Court
accepts the appeal in terms of form, it shall decide the subject matter thereof based on the
documents provided in the case file, without considering the facts of the case. If the Court
is not satisfied with the grounds on which the appeal is based, it shall uphold the
judgment. Otherwise, the Court shall reverse the judgment, in whole or in part, as the case
may be, stating the bases thereof. The Court shall then return the case to the court which
rendered the judgment to decide anew by a different judge or judges. If a judgment is
subject to reversal for the second time and the subject matter is fit for ruling, as it stands,
the Court shall decide thereon.

Article 203

Grounds not stated in the memorandum of appeal may not be invoked before the
Supreme Court, unless such grounds pertain to mandatory aspects of the Law. In such
case, the court shall, upon its own motion, rule accordingly.

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 Chapter Three: Reconsideration

Article 204

Any of the parties may petition for reconsideration of any final judgment imposing
punishment, in the following cases:

1. if the accused is convicted of homicide, but the person alleged to be the victim is found
to be alive;

2. if a person is convicted for committing an act and another person is convicted for
committing the same act, resulting in contradiction entailing that one of the two
persons should not have been convicted;

3. if the judgment is based on documents that turn out to be forged, or on testimony that
is found by the competent authority to be perjurious;

4. if the judgment is based on another judgment issued by a court and is subsequently

nullified; or

5. if, after judgment, new evidence or facts that were unknown at the time of trial appear,
which could have led to the acquittal of the accused or mitigation of the punishment.

Article 205

The petition for reconsideration shall be filed with the court rendering the judgment and
shall specify the judgment to be reconsidered and the number and date of such judgment
as well as the grounds for such petition. The court administration shall record the petition
on the date of submission thereof in the relevant register. If the judgment was upheld by
the Supreme Court or court of appeals, the court rendering the judgment shall refer the
reconsideration petition to the court which upheld the judgment for consideration. The
court shall issue a decision granting or denying the petition. If the petition is granted, it
shall be reviewed by the court which rendered the judgment and the court shall notify the
parties accordingly. If the petition is denied, the petitioner may appeal in accordance with
applicable procedures, unless the decision is issued by the Supreme Court.

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Article 206

Granting of a petition for reconsideration of a decision by a court shall not stay the
execution of the judgment, unless it involves a corporal punishment, such as qisas, hadd,
or ta’zir. Nonetheless, the court may order a stay of execution in its decision to grant the
petition for reconsideration.

Article 207

Any acquittal judgment pursuant to a petition for reconsideration must, if the convicted
person so requests, include moral and material compensation to mitigate the damage
suffered thereby.

Article 208

If a petition for reconsideration is denied, a new petition based on the same facts may not
be filed.

Article 209

Judgments rendered on the subject matter by a court other than the Supreme Court,
pursuant to a petition for reconsideration, may be objected to by a petition for appeal or
reversal, as the case may be.

Part Eight: Force and Effect of Final Judgments

Article 210

Judgments shall become final upon failure to appeal within the statutory period or upon
being affirmed or rendered by the Supreme Court, without prejudice to the provisions of
Articles 194 and 199 of this Law.

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Article 211

A criminal case in respect of which a judgment is rendered shall not be reconsidered

except where an objection against said judgment is filed in accordance with the provisions
of this Law.

Part Nine: Enforceable Judgments

Article 212

Criminal judgments shall not be enforced unless they are final.

Article 213

An accused detainee shall be immediately released in case of acquittal or if the sentence

does not require his imprisonment or if his term of imprisonment is served during
detention.

Article 214

1. The court rendering a judgment of conviction and imposition of punishment may

order stay of execution of a criminal judgment based on material reasons specified in
its grounds for judgment. The order shall specify the period of such stay.

2. The court considering the case may state in its judgment that the imprisonment
sentence for the public right be stayed if it finds on the bases of the convict’s morals,
past, age, personal circumstances or the circumstances in which the crime is
committed, or otherwise, that the execution should be stayed. If the convicted person
commits any crime within three years from the date the stayed judgment has become
final and is convicted and punished by imprisonment for the public right, the court
may – upon request by the prosecutor – nullify the stay of execution of the punishment
and order the execution thereof, without prejudice to the punishment imposed for the
new crime.

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Article 215

If a convicted person is sentenced to a term of imprisonment and has been in detention for
the same case subject of the punishment, said detention shall be counted towards the term
of imprisonment.

An accused person, who has been harmed as a result of malicious accusation or as a result
of being detained or imprisoned for a period exceeding the term prescribed for such
detention or imprisonment, shall be entitled to apply to the court reviewing the original
case for compensation.

Article 216

The chief of the court rendering the enforceable criminal judgment shall refer it to the
governor for execution. The governor shall take necessary measures for immediate
execution of the judgment.

Article 217

1. Sentences imposing death, amputation, stoning or qisas in cases requiring capital

punishment or less shall only be executed pursuant to an order issued by the King or
his designee.

2. Representatives of the governor, the court, the General Presidency for the Promotion of
Virtue and Prevention of Vice, and the police shall witness the execution of the
sentences of death, stoning, amputation, flogging, or qisas in cases requiring capital
punishment or less. The regulations of this Law shall specify necessary procedures.

Part Ten: Final Provisions

Article 218

The provisions of the Law of Civil Procedures shall apply to matters not provided for in
this Law, and to matters not contradicting with the nature of criminal cases.

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Article 219

The regulations of this Law shall specify procedures and controls for execution of criminal
judgments.

Article 220

The Council of Ministers shall issue the Implementing Regulations of this Law after being
drafted by the Ministry of Justice, the Ministry of Interior, the Supreme Judicial Council
and the Bureau of Investigation and Public Prosecution within a period not exceeding 90
days from the date this Law enters into force.

Article 221

This Law shall supersede the Law of Criminal Procedures promulgated by Royal Decree
No. (M/39) dated Rajab 28, 1422H and shall repeal any conflicting provisions.

Article 222

This Law shall enter into force following the date of its publication in the Official Gazette.

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