Facing legal or penal proceedings can be one of the most difficult experiences an individual or institution can face. This underscores the crucial importance of the Saudi Code of Criminal Procedure, which was not merely designed to regulate punishments, but primarily to protect the innocent and ensure that everyone receives their due rights through fair and rigorous procedures that show no favoritism.

We frequently receive inquiries at our office from clients unaware of their legal rights during the arrest or investigation phase. Therefore, in this guide, we have focused on highlighting the most prominent guarantees the system provides to the accused:

1. The Right to Legal Representation from the Investigation Stage
According to Article 4 of the Code, every accused person has the right to legal representation during both the investigation and trial phases. Having a lawyer present at this stage is not a luxury, but rather the fundamental guarantee against being asked unlawful questions and ensuring that your statements are accurately recorded.

2. No Crime or Punishment Except by Legal Procedure
One of the fundamental pillars of the Saudi judicial system is that the accused is innocent until proven guilty by a final judicial ruling. No person may be detained, arrested, or imprisoned except in the circumstances stipulated by law, and this must be done in designated places and pursuant to an order issued by the competent authority (the Public Prosecution or the court).

3. Informing the accused of the reasons for their arrest immediately
When criminal investigation officers arrest any person, the law requires that they be informed immediately of the reasons for their arrest and taken into custody directly. They may not be held in the custody of the arresting authority for more than 24 hours without a written order from the investigator.

4. Prohibition of torture or degrading treatment
Article 2 (2) of the law categorically affirms that it is prohibited to physically or psychologically harm a detainee, and it is strictly forbidden to subject them to torture or degrading treatment. Any statement proven to have been made under duress or torture is inadmissible under Sharia law and the law.

Legal Advice

If you or someone you know is facing any criminal proceedings, the first and most correct step is to remain silent and immediately request the presence of your lawyer before making any statements that could be interpreted against you.

The law protects you, and understanding the procedures is your first line of defense.

Did you know that the Saudi Code of Criminal Procedure guarantees your right to remain silent before investigators except in the presence of your lawyer?

The system was not established solely to document violations, but also to protect rights and freedoms and ensure the impartial administration of justice. From Article 4, which grants you the right to legal counsel in the initial stages of the investigation, to the prohibition of any form of physical or psychological coercion, the system is designed to protect your rights.

In legal practice ⇒ even small details in the initial investigation report can completely change the course of the case. Know your rights and don’t hesitate to seek legal advice immediately.