Taking of evidence - national proceedings

Saudi Arabia

Saudi Arabia - Criminal Procedure Code 2001 EN/Arabic

Collection and seizure of information
Article 24:
Search for and arrest of criminal offenders and collection of information and evidence necessary for the investigation and indictment shall be undertaken by criminal investigation officers.

Article 25:
Criminal investigation officers shall, in conducting their duties as provided for in this Law, be subject to the supervision of the Bureau of Investigation and Prosecution. This Bureau may ask the competent authority to consider any violation or omission by any such officer and may request that disciplinary action be taken against him, without prejudice to the right to initiate criminal prosecution.

Article 26:
The proceedings relating to criminal investigation shall be conducted by the following persons, each within his jurisdiction:
(1) Members of the Bureau of Investigation and Prosecution within their
jurisdiction.
(2) Directors of police and their assistants in the various provinces, counties, and districts.
(3) Public security officers, secret service officers, passport officers, intelligence officers, civil defense officers, prison directors and officers, border guard officers, special security forces officers, national guard officers and military officers, each in accordance with their specified duties with respect to crimes committed within their respective jurisdictions.
(4) Heads of counties and chiefs of districts.
(5) Captains of Saudi ships and airplanes, with respect to crimes committed on board.
(6) Heads of centers of the Bureau for the Promotion of Virtue and Prevention of Vice, with respect to matters falling within their jurisdiction.
(7) Employees and other individuals who have powers of criminal investigation pursuant to special regulations.
(8) Entities, commissions and other persons who have been assigned to conduct an investigation pursuant to the regulations.

Article 27:
Criminal investigation officers shall, each within his jurisdiction, accept notifications and complaints communicated to them with respect to all crimes, conduct the investigation, collect relevant information in the form of records that shall be signed by them, summarize and date the same in a special register, and promptly notify the Bureau of Investigation and Prosecution. The criminal investigation officers shall move to the crime scene to maintain its integrity and seize all that may be relevant to the crime, reserve evidence, and take whatever action required under the circumstances. He shall enter these matters in

Chapter IV

Search of Persons and Dwellings Article 40:
The privacy of persons, their dwellings, offices, and vehicles shall be protected. The privacy of a person protects his body, clothes, property, and belongings. The privacy of a dwelling covers any fenced area or any other place enclosed within barriers or intended to be used as a dwelling.

Article 41:
A criminal investigation officer may not enter or search any inhabited place except in the cases provided for in the laws, pursuant to a search warrant specifying the reasons for the search, issued by the Bureau of Investigation and Prosecution. However, other dwellings may be searched pursuant to a search warrant, specifying the reasons, issued by the Investigator. If the proprietor or the occupant of a dwelling refuses to allow the criminal investigation officer free access, or resists such entry, he may use all lawful means, as may be required in the circumstances, to enter that dwelling.
A dwelling may be entered in case of a request for help from within, or in case of a demolition, drowning, fire, or the like, or in hot pursuit of a perpetrator.

Article 42:
A criminal investigation officer may search the accused where it is lawful to arrest him, which may include his body, clothes, and belongings. If the accused is a female, the search shall be conducted by a female assigned by the criminal investigation officer.

Article 43:
In the case of flagrante delecto, a criminal investigation officer may search the dwelling of the accused and collect relevant items that may help determine the truth, if there is credible evidence that such items exist there.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;