Rights of the Accused in Saudi Arabia: From Arrest to Trial

Salman received a call from the police after a former partner filed a complaint, and he was asked to come in for investigation. At the first session, a long record was read to him and he signed it without checking. Later he found that one sentence in it was understood as admitting something he did not mean.

The direct answer for anyone in his position: an accused person in Saudi Arabia has specific rights from the moment of arrest until judgment. The most important are to know the reason for the arrest and the charge, to have a lawyer during investigation and trial, not to be forced to say anything, to read his statement before signing it, and to challenge the evidence and ask for his own witnesses to be heard. These rights help only the person who uses them at the right time.

What do you have the right to know when you are arrested?

No one may be arrested, searched or detained except in the cases set by law, and it is forbidden to harm him physically or mentally or to subject him to torture or degrading treatment (Article 2 of the Law of Criminal Procedure). Article 22 of the Implementing Regulations requires that the arrested person be told three things, and that he signs to confirm he was told:

• The reasons for his arrest or detention.
• His right to have a representative or lawyer during investigation and trial.
• His right to contact anyone he wishes to inform of his arrest (also confirmed by Articles 36 and 116 of the law).

A 1445H amendment to the Implementing Regulations added a ban on handcuffing the accused when arrested, unless he is a danger to himself or others or tried to escape (Article 21(5) of the Implementing Regulations). A woman is searched only by a woman, and she is heard and investigated in the presence of one of her mahram relatives (a close male relative), or if that is not possible, in a way that prevents her being alone with a man (Articles 36 and 43). If a non-Saudi is detained in a major crime, the Ministry of Foreign Affairs is informed so that it can consider notifying his country's embassy or consulate (Article 175 of the Implementing Regulations).

Knowing your rights does not mean resisting the procedure. If you see a breach, ask for it to be recorded in the official record, note the time and names, and then use the complaint route.

Do you have the right to a lawyer during investigation?

Yes. Every accused person may have a representative or lawyer during investigation and trial (Article 4), and may bring him to the investigation (Article 65). The investigator may not separate the accused from the lawyer who is present with him. The lawyer does not intervene in the investigation without the investigator's permission, but he may always submit a written memo of his comments to be added to the file (Article 70). Even if the investigator bans the accused from contact with other detainees and from visits, which cannot exceed 60 days, he keeps his right to contact his lawyer (Article 119).

In major crimes, if the accused cannot afford a lawyer, he may ask the court to appoint one at the state's expense (Article 139). The request is made in writing to the court administration with details of his sources of income. The court's decision on it is reasoned and final, and the appointed lawyer may not take any payment from him (Articles 96 and 97 of the Implementing Regulations).

Should you sign the investigation record?

Read it first. At your first appearance, the investigator records your details, tells you the charge and writes down what you say. Your statement is then read to you so that you can sign it. If you refuse, your refusal and its reason are recorded (Article 101). Questioning must take place in conditions that do not affect your free will, and you may not be made to take an oath or be subjected to any form of coercion (Article 102). The Implementing Regulations require your answer to be recorded exactly as you said it, separate from the investigator's comments, and the investigation may be recorded on audio and video (Article 72 of the Implementing Regulations).

An accused person was asked about a bank transfer and said: “I do not know the reason for this transfer.” The record said he “denies the transfer”.

The difference is big. The first may be read as a lack of information; the second is a denial that the bank statements can disprove.

Before signing, he should ask for the sentence to be corrected to match what he said. If it is not corrected, he should state his objection in the record.

If you do not understand the question, say so. If you do not remember a date, do not guess. An accused person who does not understand Arabic must be given an interpreter, and the charge sheet must be read to him in court in his own language (Article 171 of the law, and Article 112 of the Implementing Regulations).

What are your rights in court?

• To be notified of the charge sheet, as a rule at least three days before the hearing, and to be given enough time to prepare your defence if you ask for it (Article 136).
• To attend the hearings without restraints or chains (Article 157).
• To have the charge sheet read and explained to you and to receive a copy before you are asked for your answer (Article 160).
• To question the prosecution's witnesses and evidence with the court's permission (Article 162), and to ask for your own witnesses to be heard, your evidence to be examined and a specific investigation to be carried out. The court may refuse what it considers delaying or useless, but must record the reason (Article 163, and Article 114 of the Implementing Regulations).
• To be informed if the court changes the description of the charge, and to be given time to prepare your defence if the prosecutor amends the charge sheet (Articles 158 and 159).
• To be the last to speak in the pleadings (Article 173).
• Not to be punished unless your guilt is proved through a trial (Article 3), and to object to the judgment within thirty days (Articles 192 and 194).

If you are detained: grievance and complaint

A detainee may file a grievance against his detention or extension order, and it must be decided within five days (Article 115). He may ask for temporary release under its conditions (Article 120). At any time he may also file a written or oral complaint with the director of the detention facility, to be passed to the Public Prosecution, and he must be given proof that it was received (Article 39). Defending yourself on the charge is one thing; objecting to the detention is another. Each needs its own request.

This is general information based on the official Arabic texts of Saudi laws, which prevail over any translation. It is not legal advice for your specific case.

Practical solutions for both sides

If you are the accused:

• Ask to know the reason for the arrest and the charge, and sign to confirm you were told your rights.
• Contact a lawyer early, and tell him the whole truth, including what may be against you.
• Read the whole record before signing, and ask for any sentence that does not match your words to be corrected.
• If the crime is a major crime and you cannot pay a lawyer, ask in writing for a lawyer to be appointed at the state's expense.
• Make your requests to the court specific: which witness, what he proves, and how the document relates to the charge.

If you are the victim or the person claiming a private right:

• You may attend the investigation with your lawyer as the regulations allow (Article 69).
• Claim your private right during the investigation or before the court at any stage of the case (Articles 69 and 147).
• Respecting the accused's rights does not weaken your case. It protects the judgment from being challenged for a procedural flaw.
• Provide your evidence and witnesses early and specifically, because the accused will challenge them.

The first hours of any criminal case have the greatest effect on what follows. If you or a relative have been summoned, send us on WhatsApp what you know about the complaint, and we will explain your rights and the next step.