Waiving the Private Right in Saudi Arabia: Does the Case End?

Two young men fought in a car park, and one of them was left with bruises and a broken finger. A week later the attacker's family came with an offer of SAR 15,000 in return for a waiver (tanazul). Their only question was: if he waives, is the case closed? The direct answer: the waiver ends the victim's private right, but it does not stop the Public Prosecution from continuing with the public right. Article 23 of the Law of Criminal Procedure says this plainly: a pardon by the victim or his heir does not prevent the continuation of the public right case.

What is the difference between the public right and the private right in Saudi Arabia?

One incident can create two rights. The public right (al-haqq al-'amm) belongs to society, and the Public Prosecution is the body that brings this case and pursues it before the court (Article 15). The private right (al-haqq al-khass) belongs to the injured person himself: compensation for what he lost, retribution (qisas), or anything else he may claim for himself depending on the crime.

Article 16 gives the victim, or the person representing him, and his heir after him, the right to bring a criminal case in every matter connected to a private right; the court must then notify the public prosecutor to attend. So the injured person owns his private right: he may claim it, settle it or pardon it. The public side is in the hands of the Public Prosecution and the court, and the two parties cannot cancel it by agreement.

Do not confuse a fine with compensation. A fine is a punishment under the public right; compensation is the injured person's right. Article 119 of the Civil Transactions Law states clearly that civil liability does not affect criminal liability, and that the criminal penalty has no effect on how compensation is assessed. A light sentence for the attacker does not mean your harm is small, and a large fine does not go into your pocket.

When does a case move only if the victim files a complaint?

In crimes that involve a private right of individuals, no case is brought and no investigation starts without a complaint from the victim, his representative or his heir, unless the Public Prosecution sees a public interest in proceeding (Article 17). The Implementing Regulations define these crimes as those in which the harm is limited to the victim; if there are several victims, a complaint from one of them is enough (Article 4 of the Regulations).

Article 17 of the Regulations provides that if the private right claimant gives up his right, the public case is brought only within those same limits. This is why the effect of a waiver differs from one crime to another: in a crime whose harm is limited to you, an early waiver may have a big effect; in a crime that affects society, the prosecution continues however much you waive.

When does each case end?

In practice: the death of the accused ends the public case, but the injured person may still claim his private right; if the public case ended before he filed his claim, he goes to the competent court (Article 103 of the Regulations). The victim's pardon ends his private right, but the prosecution may continue with the public case.

Can I waive at the Public Prosecution, before judgment and after judgment?

During the investigation, the injured person's complaint is automatically treated as a claim for his private right, unless he expressly tells the investigator that he gives it up. The investigator then records this in the report and has it witnessed (Article 29). A waiver of retribution (qisas) or of the fixed penalty for slander (hadd al-qadhf) is only complete once the competent court approves it.

Before the court, you may claim your private right at any stage of the case, even if your request was rejected during the investigation (Article 147). Withdrawing this claim does not affect the public case (Article 151). The judgment on the merits must decide the private right claimant's requests, unless they need a separate inquiry that would delay the case, in which case they are postponed (Article 180).

After judgment, you can still waive the private right awarded to you, because it is money or a right you own. But your waiver does not lift the punishment under the public right. If the private right claim filed with the criminal case ends in a settlement, the court fees paid for it are refunded under Article 16 of the Court Fees Law.

Who has the right to sign a waiver?

The holder of the right himself, an agent whose power of attorney expressly includes waiver, or the heirs after his death. Being a relative is not enough, and a power of attorney for follow-up and attending government offices does not authorise a waiver. If there are several victims or heirs, a pardon by some of them does not stop the claims of the others (Article 11 of the Regulations). If the right holder is a minor or lacks full legal capacity, do not assume any relative can waive for him; the law allows the court to stop the representative from continuing if his interest conflicts with the victim's interest (Article 18).

Will a waiver get the detained person released?

Not automatically. Release during the investigation has its conditions in Article 120: there must be no reason to keep him detained, release must not harm the investigation, there must be no fear that the accused will run away or hide, and he must undertake to appear when called. Article 83 of the Regulations adds that the evidence against him in a major crime must not be sufficient. Once the case is referred to court, release becomes the court's decision (Article 123). A waiver is a document filed with the release request and may reduce the reasons for detention, but it does not replace these conditions. So do not promise anyone release in return for your signature, and do not accept such a promise.

Not every paper you sign is a waiver

Withdrawing a report, acknowledging receipt of a payment, giving up one specific claim, and a full pardon of the private right are different documents with different effects. A sentence like “I waive all my rights” may cover claims you wanted to keep, such as medical treatment whose cost is not yet known.

A person whose car was deliberately damaged agreed with the other party on SAR 20,000 and signed a full waiver of his private right after receiving only SAR 8,000.

His private right ended with the waiver, and the public case may continue.

The remaining SAR 12,000 became a dispute over how to read the settlement. Had he written that the waiver takes effect after the last payment is received, this would not have happened.

1. Identify the parties, the incident and the case number, if any.
2. State which claims the agreement covers and which stay outside it.
3. Write the total amount, what has actually been paid, what remains, and the date and method of payment.
4. Make the waiver take effect after the last payment is received, or state expressly that it depends on payment.
5. If someone signs on behalf of another person, check his capacity and ask for a copy of the power of attorney.

If a dispute arises over a paper already signed, collect its full copy, the messages before it and proof of every payment, and identify the point of dispute: the scope of the waiver, failure to carry out the settlement, or the capacity of the signer. Announcing that you cancel the waiver in a message to the other party changes nothing; the way forward is a reasoned request to the competent authority.

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 injured person who holds the private right:

• Collect evidence of the harm and its value, such as medical reports and invoices, before negotiating any amount.
• Link signing the waiver to receiving the full amount, or make it expressly conditional on payment.
• Write what you waive and what you keep, especially future medical costs.
• If you do not reach a settlement, claim your private right before the court, even if your claim was rejected during the investigation.
• If you sign for a relative or a minor, first confirm your capacity and the limits of your power of attorney.

If you are the accused, or the person the right is claimed from:

• Do not treat the waiver as the end of the case; keep defending yourself on the public side.
• Get a receipt or a bank transfer for every payment, and document the settlement in writing with its full scope.
• Make sure the person signing is the right holder or his agent authorised to waive, and that all victims or heirs are included in the agreement.
• Discuss the amount of harm on the basis of documents; asking for a settlement does not mean you admit everything in the report.
• If you are detained, file the waiver with your release request, but do not rely on it alone.

One line in a waiver can protect your right or lose it. Send us the draft agreement or a short description of your situation on WhatsApp, and we will review the wording with you before you sign.