Article 2
No person shall be arrested, searched, detained, or imprisoned except in cases provided by law. Detention or imprisonment shall be carried out only in the places designated for such purposes and shall be for the period prescribed by the competent authority.
An arrested person shall not be subjected to any bodily or moral harm. Similarly, he shall not be subjected to any torture or degrading treatment.
Law of Criminal Procedure
Royal Decree No. (M/39)
28 Rajab 1422 [16 OCT 2001]
Umm al-Qura No. (3867)
17 Sha’ban 1422 [3 NOV 2001]
PART ONE
GENERAL PROVISIONS
Article 1:
Courts shall apply Shari'ah principles, as derived from the Qur'an and Sunnah (The Traditions of Prophet Muhammad peace be upon him) to the cases that are brought before them. They shall also apply laws promulgated by the state that do not contradict the provisions of the Qur'an and Sunnah, and shall comply with the procedure set forth in this Law.
The provisions of this Law shall apply to criminal cases that have not been decided and to proceedings that have not been completed prior to the implementation thereof.
Article 2:
No person shall be arrested, searched, detained, or imprisoned except in cases provided by law. Detention or imprisonment shall be carried out only in the places designated for such purposes and shall be for the period prescribed by the competent authority.
An arrested person shall not be subjected to any bodily or moral harm. Similarly, he shall not be subjected to any torture or degrading treatment.
Article 3:
No penal punishment shall be imposed on any person except in connection with a forbidden and punishable act, whether under Shari'ah principles or under the statutory laws, and after he has been convicted pursuant to a final judgment rendered after a trial conducted in accordance with Shari'ah principles.
Article 4:
Any accused person shall have the right to seek the assistance of a lawyer or a representative to defend him during the investigation and trial stages.
Article 5:
If a case is formally filed with a court, such case shall not be transferred to another court except after the trial court has rendered a judgment thereon, or has decided that it has no jurisdiction, and the transfer of the case to the competent authority.
Article 6:
Courts shall try the accused for the offenses of which they are charged in accordance with the Shari'ah principles and the procedures herein provided for. The court may consider facts not raised by the Prosecutor, if no investigation is necessary.
Article 7:
Trial hearings, including the hearing set for the pronouncement of sentence, shall be attended by the required number of judges, failing which substitute judge(s) shall be assigned to complete the quorum.
Article 8:
Deliberations among members of the court shall be conducted in closed session, and each member shall express his opinion before the decision rendered. Decisions shall be rendered either unanimously or by majority vote. A dissenting judge shall declare his dissent and explain the reasons thereof, and the majority shall explain their opinion in the response to the dissent, which shall be entered into the record. Participation in the deliberations shall be restricted only to those judges who have attended the proceedings.
Article 33:
Where a crime is in the process of commission, the criminal investigation officer shall arrest the suspect present at the scene of the crime where there is sufficient evidence for his implication. A record of that shall be made and the Bureau of Investigation and Prosecution shall be immediately notified. In all cases, the person under arrest shall not be detained for more than twenty-four hours, except pursuant to a written order from the Investigator.
Article 34:
The criminal investigation officer shall immediately hear the statement by the accused. If the accused fails to establish his innocence, the officer shall, within twenty-four hours, refer him, along with the record of the Investigator who shall within twenty-four hours, interrogate the accused under arrest and shall order either that the accused be detained or released.
Article 35:
In cases other than flagrante delecto, no person shall be arrested or detained except on the basis of order from the competent authority. Any such person shall be treated decently and shall not be subjected to any bodily or moral harm. He shall also be advised of the reasons of his detention and shall be entitled to communicate with any person of his choice to inform him of his arrest.
Article 36:
No person shall be detained or imprisoned except in the places designated for that purpose by Law. The administration of any prison or detention center shall not receive any person except pursuant to an order specifying the reasons and period for such imprisonment duly signed by the competent authority. The accused shall not remain in custody following the expiry of the period specified in that order
Article 39:
Whoever has any information that a person is unlawfully or improperly imprisoned or detained, or is imprisoned or detained in a place not intended for imprisonment or detention, shall notify the Bureau of Investigation and Prosecution. Upon notification, the competent member of the Bureau of Investigation and Prosecution shall immediately proceed to the place where the prisoner or detainee is kept and shall conduct the necessary investigation. If it is found that such imprisonment or detention is unlawful, he shall order the release of the prisoner or detainee. A note to that effect shall be entered into the record and submitted to the competent authority which shall implement whatever action required by the laws in respect to the persons causing the same
Article 64:
During the investigation, the accused shall have the right to seek the assistance of a representative or an attorney
Article 69:
The accused, the victim, the claimant in respect of the private right of action, and their respective representatives or attorneys may attend all the investigation proceedings. The Investigator may, however, conduct the investigation in the absence of all or some of the abovementioned, whenever that is deemed necessary for determining the truth. Immediately after the necessity has ended, he shall allow them to review the investigation.
Article 99:
Following the hearing of the witness, the litigants may comment on his testimony and may ask the Investigator to hear the witness on any other point they raise. The Investigator may refuse to direct irrelevant or defamatory questions.
Article 102:
The interrogation shall be conducted in a manner that does not affect the will of the accused in making his statements. The accused shall not be asked to take an oath nor shall he be subjected to any coercive measures. He shall not be interrogated outside the location of the investigation bureau except in an emergency to be determined by the Investigator.
Article 116:
Whoever is arrested or detained shall be promptly notified of the reasons for his arrest or detention and shall be entitled to communicate with any person of his choice, to inform him (of his arrest or detention), provided that such communication is under the supervision of the criminal investigation officer.
Article 140:
In major crimes, the accused shall personally appear before the court, without prejudice to his right to seek legal assistance. As to other crimes, he may be represented by a representative or an attorney for his defense. In all cases, the court may issue an order for the personal appearance of the accused.
Article 161:
During the hearing, the court shall inform the accused of the offense of which he is charged and shall read and explain to him the memorandum of the charges and provide him with a copy thereof. The court shall then ask the accused to respond.
Article 162:
If the accused at any time confesses to the offense of which he is charged, the court shall hear his statement in detail and examine him. If the court is satisfied that it is a true confession and sees no need for further evidence, it shall take no further action and decide the case. However, the court shall complete the investigation if necessary.
Article 163:
Each of the parties may cross-examine the witness called by the other party and discuss its evidence.
Article 164:
Each of the litigants may request to call any witnesses and review evidence they may present and request taking a specific action in connection with investigation proceedings. The court may reject such a request if it considers that it is intended for delay, malice, or deception, or that granting such a request is not probative.
1. In respect of an investigation under this Statute, a person:
(a) Shall not be compelled to incriminate himself or herself or to confess guilt;
(b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;
(c) Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(a) To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court;
(b) To remain silent, without such silence being a consideration in the determination of guilt or innocence;
(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and
(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.
1. The accused shall be present during the trial.
2. If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.
1. Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.
2. The onus is on the Prosecutor to prove the guilt of the accused.
3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;
(b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused's choosing in confidence;
(c) To be tried without undue delay;
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it;
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;
(f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;
(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;
(h) To make an unsworn oral or written statement in his or her defence; and
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.