Provisional arrest - release - national proceedings

Kingdom of Saudi Arabia

Saudi Arabia - Criminal Procedure Code 2001 EN/Arabic

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 such accused, if he considers that there is no sufficient justification for his detention, that his release would not impair the investigation, and that there is no fear of his flight or disappearance, provided that 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 has designated a residence acceptable to the Investigator.

Article 122:
An order for the release shall not stop the Investigator from issuing a new warrant for the arrest or detention of the accused if evidence against him becomes stronger, or where the accused violates his undertakings, or where the circumstances of the case require such action.

Article 123:
If the accused is referred to a court, his release if detained or detention if not under arrest shall be within the jurisdiction of the court to which he has been referred.
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.

Rome Statute

Article 92 Provisional arrest

3. A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible.