Is There Bail in Saudi Arabia? Temporary Release Conditions

A young man was detained in a money dispute that turned into a criminal complaint. His family started looking for a “guarantor” and an amount of money to pay, before they even knew why he was detained or what stage the case had reached. Is there bail in Saudi Arabia?

The direct answer: temporary release (ifraj mu'aqqat) in Saudi Arabia is not bought for a fixed sum. During the investigation it is decided by the investigator if there is no justification for detention, release will not harm the investigation and there is no fear the accused will flee. He must undertake to attend and name a place of residence the investigator accepts, and the evidence against him in a major crime must not be sufficient. After the case is sent to court, the decision belongs to the court, which may make release conditional on any guarantee it sees fit.

What do people mean by release on bail in Saudi Arabia?

The Law of Criminal Procedure governs temporary release in Articles 120 to 123. Article 120 allows the investigator to release the accused at any time, on his own or at the accused's request, when three things are met: there is no justification for detention, no harm to the investigation, and no fear that the accused will flee or disappear, together with the accused's undertaking to attend when asked. So the text is about assessing the need for detention, not about an amount someone pays.

The word “bail” or “guarantee” (kafala) has its place at the trial stage. Article 86 of the Implementing Regulations allows the court, if it decides to release a detainee, to make its decision conditional on any guarantee it sees fit. Here you follow exactly what the court sets, whether a person, money or something else. Do not offer a guarantee that was not asked for.

What are the conditions for temporary release during investigation?

1. There is no existing justification for detention (Article 120).
2. Release will not harm the investigation, for example by influencing witnesses or hiding evidence.
3. There is no fear that the accused will flee or disappear.
4. He undertakes to attend whenever asked (Article 120, and Article 84 of the Implementing Regulations).
5. He names a place accepted by the investigator, in the town of the court in whose area the investigation is taking place, to receive notices, except where release is mandatory (Article 121, and Article 84 of the Implementing Regulations).
6. The evidence against him is not sufficient in a major crime that requires detention (Article 83 of the Implementing Regulations).

Many people miss the last condition. In a major crime with sufficient evidence, an undertaking and a fixed address are not enough. On the other hand, if the accused has no known place of residence and refuses to name one, he may be detained for that reason alone (Article 108).

Where do you file the release request?

The prosecutor may object to a court's release decision (Article 123), but his objection does not stop the decision being carried out (Article 86(6) of the Implementing Regulations). A release decision by the court applies only to the case in which it was issued. If the accused is detained in another case, he stays detained in that case (Article 86(4) of the Implementing Regulations).

How do you write a convincing release request?

A good request answers the reasons for detention one by one. It does not retell the whole case. Include:

• The case number, the detainee's name, the date of arrest and the latest detention or extension order.
• A fixed, documented address (the national address or a lease) suitable for receiving notices.
• Proof of ties to the country: work, family, a commercial registration.
• What shows release will not harm the investigation, such as witnesses already heard or documents already seized.
• Any new circumstance: the victim waiving his private right, payment of the amount, or a health condition with a medical report.
• A clear undertaking to attend.

A detainee's lawyer filed a request stating a fixed residence and stable work, but he did not deal with the investigator's fear of contact with the main witness.

The request was refused. A week later the witness was heard and his statement recorded, so the lawyer filed the request again, relying on the fact that this reason no longer existed.

The second request was not longer, but it answered the real reason for the detention.

Can the person be detained again after release?

Yes. Release does not prevent the investigator from issuing a new arrest or detention order if the evidence becomes stronger, the accused breaks the conditions set for him, or circumstances arise that require it (Article 122), within the periods set in Article 114 (Article 85 of the Implementing Regulations). So attend every appointment, update your address if it changes, and stay away from witnesses and victims.

Temporary release is not acquittal. The case continues and may end with the file being closed or with a judgment. A detainee is released immediately if he is found not guilty, if the sentence does not require prison, or if he has already spent the length of the sentence in detention (Article 213).

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 detainee or a family member:

• First find out the stage of the case and the authority that decides, before writing any request.
• In the request, answer the specific reason for the detention, and attach proof of residence and work.
• If the request is refused, wait for a real change before filing again, or file a grievance against the detention order itself under Article 115.
• Do not sign a financial or personal guarantee the court did not ask for, and do not pay middlemen who promise release.
• After release, attend every appointment and keep a copy of your undertaking.

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

• If you fear threats or tampering with evidence after release, put this in writing to the investigator or the court with supporting proof.
• Follow whether the accused has been released, and report immediately if he breaks the conditions. Article 122 allows him to be detained again.
• Claim your private right in all cases. Release does not cancel it.
• If you settle, write the scope of your waiver precisely, because it may be used in the release request.

A release request written at the right time and filed with the right authority has a very different effect from a general request that is repeated. Send us on WhatsApp the stage of the case and the reason for detention, and we will help you prepare the request.