The Accused’s Rights in Saudi Criminal law Accused of crimes needs some protection to his rights because he is innocent until proven guilty. Without any minor doubt that the accused person will be in his weakest situation during accusation and interrogation. Informing the Accused of Crime of his Right the Saudi criminal system does not have any requirements to informing the Accused of Crime of his Rights. The Saudi criminal laws only require that the accused shall give his personal information to the investigator and sign the report that contains such information. The Saudi legislator should inform suspects about their rights to avoid self-incrimination. The accused of crimes is not always a criminal or the one who really commits the crime where a person is innocent until proven guilty. Therefore, investigators prior to interrogation should notify the accused that he has right to remain silent and anything he says will be used against him in court. Also, they should inform him that he has a right to an attorney and if he is indigent, the government is going to pay for his lawyer. the defendant has the right to be aware of the offending charge. The right of the accused to see the case file is important because it informs the accused of the charge or counts against him or her prior to interrogation. Viewing the evidence against the accused is important because it helps in preparing an effective defense. Article 101 of the Law of Criminal Procedure requires the investigator inform the accused of the charge he or she is facing. Rights During an Arrest Article 33 of the Law of Criminal Procedure states: Where the 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 24 hours, except pursuant to a written order from the investigator. No person shall be arrested, searched and detained or imprisoned except in cases provided by law.... And it is prohibited to harm the arrested, whether physically or mentally. Similarly, it is prohibited to subject anyone to torture or degrading treatment. In cases where there is no obvious violation of the law, no one shall be arrested or detained except by order of the competent authority. The police must hear the testimony of the accused immediately, and if the police find enough evidence to charge the individual, they must send the individual to an investigator, along with their report, within 24 hours. The Law of Criminal Procedure is keen to maintain the rights of the accused during arrest. Specifically, Article 36, provides: (1) Detainees are to be treated well in order to preserve their dignity, and shall not be harmed physically or mentally, are entitled to know the reasons for their arr ...

1. The Accused’s Rights in Saudi Criminal law
Accused of crimes needs some protection to his rights because
he is innocent until proven guilty. Without any minor doubt that
the accused person will be in his weakest situation during
accusation and interrogation.
Informing the Accused of Crime of his Right
the Saudi criminal system does not have any requirements to
informing the Accused of Crime of his Rights. The Saudi
criminal laws only require that the accused shall give his
personal information to the investigator and sign the report that
contains such information. The Saudi legislator should inform
suspects about their rights to avoid self-incrimination. The
accused of crimes is not always a criminal or the one who really
commits the crime where a person is innocent until proven
guilty. Therefore, investigators prior to interrogation should
notify the accused that he has right to remain silent and
anything he says will be used against him in court. Also, they
should inform him that he has a right to an attorney and if he is
indigent, the government is going to pay for his lawyer.
the defendant has the right to be aware of the offending charge.
The right of the accused to see the case file is important
because it informs the accused of the charge or counts against
him or her prior to interrogation. Viewing the evidence against
the accused is important because it helps in preparing an
effective defense. Article 101 of the Law of Criminal Procedure
requires the investigator inform the accused of the charge he or
she is facing.

2. Rights During an Arrest
Article 33 of the Law of Criminal Procedure states:
Where the 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 24 hours, except pursuant to a written order from the
investigator.
No person shall be arrested, searched and detained or
imprisoned except in cases provided by law.... And it is
prohibited to harm the arrested, whether physically or mentally.
Similarly, it is prohibited to subject anyone to torture or
degrading treatment. In cases where there is no obvious
violation of the law, no one shall be arrested or detained except
by order of the competent authority. The police must hear the
testimony of the accused immediately, and if the police find
enough evidence to charge the individual, they must send the
individual to an investigator, along with their report, within 24
hours. The Law of Criminal Procedure is keen to maintain the
rights of the accused during arrest. Specifically, Article 36,
provides:
(1) Detainees are to be treated well in order to preserve their
dignity, and shall not be harmed physically or mentally, are
entitled to know the reasons for their arrest, and have the right
to make a call to any person of their choice to inform him of
their arrest. (2) must inform the job of the suspended employee
immediately after the investigator issued the constantly
arrested. (3) When you interrogate a women and hearing her
statement, and investigate her, shall be with presence of a male
relative.
Under Article 22, the accused must have knowledge of the
following when arrested or detained:

3. (1) The reasons for arrest or detention; (2) The right to
assistance from a representative or attorney during interrogation
and trial, and; (3) The right to call any person that he wants and
inform him of his arrest or detention.
After it is determined that the accused has knowledge of these
rights, a signature is taken, and if the accused declines to sign,
the refusal to sign is recorded.
Rights During Interrogation
Thus, the Saudi Criminal Procedure Law consider imposed some
obligations on investigators before and during interrogation to
ensure a neutral investigation.
Article 34 of the Law of Criminal Procedure states that the
investigator must interrogate the accused within 24 hours, after
which, the suspect must either be put in custody or released.
When the accused is presented to the investigator for the first
time, the investigator must write down all the personal
information of the accused such as, name, age, address, inform
the accused of the charges, and report any statement the
defendant expresses about the accusation. The interrogator may
not use any interrogation methods that would coerce the
suspect. The suspect also may not be interrogated outside the
location of the investigative authority, unless out of necessity as
determined by the investigator. Interrogation is the most
important procedure of the investigation. The system has
concerned many of the guarantees, including the freedom to
express his statement, and some of them including the defense
during the investigation.the accused has the right to adequately
defend. He has right to present a defense against the charge,
and know of the charges and evidence against him. These rights
relate to an interest of The Basic System of Governance of
Saudi Arabia, regarding the right of the accused to a defense.
The state protects human rights according to Islamic sharia. The
state provides the security for all its citizens and residents on

4. its territory, and actions of a person shall not be restricted, nor
should a person be detained or imprisoned except in accordance
with the rules. Additionally, the accused has the right to seek
the assistance of a lawyer or representative during trial and
investigation stage.
The Accused Right to Have an Attorney:
The Saudi Criminal Law provides for the suspect a right to
defend himself personally or by a representative or an attorney
during the interrogation and trial stages. Furthermore, the
investigator does not have a right to separate the suspect from
his representative or lawyer. Article 84 of the criminal
procedure law also provides strict protection to the accused and
his lawyer where it illustrates, "the investigator may not seize
any piece of paper or document that has been delivered by the
accused to his representative or attorney in connection with the
performance of the service entrusted to him, nor the
correspondence exchanged between them in the case."
the defendant has the right to seek the assistance of an attorney
or representative during the trial and investigation stage,
because of the complexity of the procedural regulations The
investigator must permit the suspect’s attorney or representative
to attend the interrogation, and shall not separate the accused
from their attorney or representative during the investigation. In
addition, in the Qur’an Allah says “And my brother Aaron is
more fluent than me in tongue, so send him with me as support,
verifying me. Indeed, I fear that they will deny me.” [ Allah]
said, "We will strengthen your arm through your brother and
grant you both supremacy so they will not reach you. [It will
be] through our signs; you and those who follow you will be the
predominant."[footnoteRef:1] This section shows that the
Islamic sharia and the Qur’an indicate that individual can get
help from another in any situation. [1: Qur'an, Sura Al-Qasas,
Ayat (verse) 34, 35. Translation from http://quran.com/28 ]

5. The investigators are prohibited from seizing, examining, or
interfering with any communications between the suspect and
his attorney.
Nonetheless, article 70 of the same law refers the control of the
accused rights with respect to the right to lawyer to the hand of
the investigator where it states that, "the representative or
attorney shall not intervene in the investigation except with the
permission of the investigator." While the Saudi criminal law
gives the accused a right to use his own attorney during the
stages of interrogation and trial, it does not afford a lawyer at
all during interrogation if the suspect cannot afford one. It also
does not offer a lawyer during the trial stage for those indigent
suspects who are accused of non-serious crimes. In other words,
the Saudi legislator offers a legal assistance to indigent suspects
only in major crimes during the trial stage.
the Saudi criminal system does not afford an attorney for
indigent suspects during interrogation. The Saudi legislator
should afford a lawyer for indigent suspects during
interrogation not only during trial because questioning is not
less important than the trial stage, where it is even more
important than the trial stage. Interrogation is the stage that
collects evidence and get statements from the accused of crimes
where he is vulnerable to self-incrimination. In addition, the
Saudi legislator should alter article 70 of the Criminal
Procedure law where it terminates the role of accused's
attorney. It gives investigators absolute power to prevent the
suspect's attorney from intervening in interrogation. The
accused lawyer cannot intervene in questioning unless he gets
permission from the investigator. Thus, there should be
clarification to such investigator's permission to restrict his rule
and avoid abusing of power.

6. Furthermore, article 139 of the Saudi Criminal Procedure Law
states that the state will pay
attorneys expenses in felonies only, which means the state does
not cover lawyers’ fees in
misdemeanors or any other type of crimes. The Saudi legislator
should change this article
because there is no difference between the accused of felony
and the accused of misdemeanor.
They may be both innocent and justice requires treating
innocent people in the same manner.
Therefore, the indigent suspects should get attorneys to
represent them during interrogation and before court regardless
of the classification of crimes.
The accused right to remain silent:
the Saudi Arabia does not grant suspects a right to remain
silent. if the accused refuses to answer questions, the
investigator will write that down in the report and will send the
accused to custody until he agrees to answer. The Saudi
Criminal Procedure Law should expressly state that the
investigator should notify the accused of his right to remain
silent. It also should illustrate that the investigator shall not
keep the suspect in custody if he declines to answer questions.
Otherwise, the accused of crime will have to incriminate
himself in order to avoid the investigator's detention order.
the accused maintains the right to remain silent, although the
Law of Criminal Procedure does not contain an article explicitly
stating that a suspect has the right to remain silent. However,
this does not mean the defendant should answer the
investigator’s questions or provide self-incriminating

7. information. The accused still has the ability to remain silent,
but under the Executive Regulations for the Law of Criminal
Procedure, if the accused declines to answer questions or
refuses to sign, the investigator should include such information
in the record in addition to reasons why the accused declined to
answer questions. However, the law does not prevent the
investigator from making an order to put the suspect in custody
if the investigator considers it necessary for the investigation.
The interrogator may not use any interrogation methods that
would coerce the suspect….”
The right to remain silent is a valuable right for the accused so
that he does not incriminate himself or provide investigators
with evidence that could eventually be used by the state in his
prosecution.