6 differences between public rights and private rights
The Kingdom of Saudi Arabia has been keen to enact laws and regulations that regulate state affairs in order to protect its interests and the interests of citizens and residents within its territory.
The penal systems in Saudi Arabia are considered a clear example of protecting the rights of the state and the rights of individuals in society, and therefore strict penalties were imposed on those who violate these systems and commit crimes punishable by the system.
In this article, we review what is a public right and what is a private right. What are the most important differences between a public right and a private right? Cases in which there is a public right and a private right, and cases in which a public right and a private right are forfeited.
What is a public right?
It is the right of society to demand the implementation of the sentence against the perpetrator for committing a crime that threatens the safety, security and stability of society, such as terrorism, drug crimes, etc. Therefore, the public right is not only the right of the perpetrator, but it is a right for everyone, and the Public Prosecution represents society before the criminal judiciary to punish the perpetrators.
The state aims to impose penalties on violators:
- Achieving justice and equality among people.
- Punishing perpetrators of crimes who violate state regulations and ensuring the rule of law.
- Maintaining the security and stability of society.
What is a private right?
It is the right of the victim or victim to recover his rights stolen from the perpetrator, such as recovering stolen goods, treatment costs when causing his injury, and compensation for what was damaged, such as demanding that the victim’s family carry out retribution against the perpetrator when committing the crime of premeditated murder.
What are the most important differences between public rights and private rights?
- The holder of the right to demand the implementation of the penalty: In public law, the Public Prosecution represents society in the criminal courts and demands the implementation of the penalty against the perpetrator, on the other hand, in the private right of the victim, the right to demand his right against the perpetrator before the competent courts.
- The court competent to hear the case: Public law cases are heard before criminal courts, as the perpetrators committed a criminal offense that threatens the security and stability of society. However, in private law cases, the competent court hears the case before it, each according to his jurisdiction. We find that commercial cases are heard before commercial courts, criminal cases before criminal courts, and there are cases heard before general courts.
- Penalties: In public law, penalties are imposed for the purpose of deterrence and preventing the commission of a crime in the future, where the penalty ranges from imprisonment to a fine or death as a discretionary punishment (such as banditry). On the other hand, the victim demands the recovery of his private right, whether it is the recovery of stolen goods or reputation, or compensation for the damage he suffered, or financial compensation, or demanding retribution or blood money from the victim’s family in cases of premeditated murder.
Does giving up a private right invalidate a public right?
- A public right can only be waived if it is included in a pardon or the public right is forfeited in certain cases.
- Private Right The victim can waive his private right against the perpetrator, but this does not mean the lapse of the public right because the public right relates to society’s right to demand the punishment of criminals who violate state regulations.
- The statute of limitations: This is the prohibition of claiming a right after a certain period of time has passed. In a public right, rights are not waived by the statute of limitations for major crimes. However, in a private right, if the victim does not claim his right against the perpetrator within the period specified by the system, his right is waived by the statute of limitations.
- Reconciliation: Reconciliation may be resorted to in private right cases between the parties and the claim to the private right ends, but reconciliation may not be resorted to in public rights unless the system stipulates this.
Cases in which there is a public right and a private right
Cases in which there is a public right and a private right
Public right issues:
The Public Prosecution is responsible for investigating these cases. The duration of an investigation by the Public Prosecution ranges from 24 hours, and in certain cases, up to 40 days, according to the Code of Criminal Procedure.
The following issues are included in public rights cases that threaten the security and safety of society:
- Forgery cases.
- Drug issues.
- Human trafficking cases.
- Money laundering cases.
- Harassment issues and others.
Private right issues
It is the victim’s claim of his rights against the perpetrator before the competent court. Sufficient evidence must be available to convict the perpetrator. Among the cases in which the victim has a special right are the following:
- Electronic insults and abuse cases:
- It is one of the cases in which there is a special right, as it is required that the victim file a complaint with the competent authority (such as the police department or the Public Prosecution branch) in order to file a criminal case against the victim, based on Article 17 of the Code of Criminal Procedure.
- Ruling on cursing and swearing: Cursing and swearing on social media is a crime punishable by the Anti-Cybercrime Law. The court may consider the evidence and determine the appropriate penalty. If the crime includes:
- Defaming the victim and harming him. The perpetrator shall be punished with imprisonment for a period not exceeding one year and a fine not exceeding 500,000 Saudi riyals, or one of the two penalties in accordance with Article Three, Paragraph Five of the law.
- If the crime affects the morals, honor, religious values, and private life of the victim, the perpetrator shall be punished with imprisonment for a period not exceeding 5 years and a fine not exceeding 3 million Saudi riyals in accordance with Article Six, first paragraph of the law.
Private right to speculate:
- Beating is unacceptable in society, and the punishment varies depending on the damage caused by the beating. For example, if the punishment for beating in the face causes serious damage and loss of benefit to an organ, such as the eye or teeth, or loss of cognition, the punishment is severe in penal systems.
- Article 13 of the Protection from Abuse Law stipulates that physical, psychological, or sexual abuse shall be punishable by imprisonment for a period ranging from one to five years and a fine of not less than 50,000 Saudi riyals and not more than 300,000 Saudi riyals. For reference, the judge in court shall estimate the penalty after reviewing the circumstances of the crime, the degree of the assault, and the condition of the victim, whether healthy, disabled, a child, or a woman.
Cases of the collapse of public rights and private rights
When does public law lapse?
The claim for a public right is forfeited in the following cases:
- Death of the accused: In criminal cases, a public right lawsuit ends with the death of the accused.
- Rules for pardoning common law prisoners: The state issues a general pardon that includes some cases in specific cases and conditions determined by the competent authorities.
- The statute of limitations for some crimes.
When does a private right lapse?
The claim in a private right is dropped if the right holder waives the claim to his right, or it is dropped by the statute of limitations if he does not claim his right within a specific period specified by the system. For example, in commercial cases, Article 24 of the Commercial Courts System stipulates that the claim to the right is dropped and the case is not heard after five years have passed from the emergence of the right.
Criminal lawyer from the office of lawyer Abdul Majeed Al Rashid
It is important to seek the assistance of a criminal lawyer from the office of Attorney Abdul Majeed Al Rashid in criminal cases, because criminal cases require strong evidence and proof to prove guilt. The accused is innocent until proven guilty according to the well-known jurisprudential rule. Accordingly, the best criminal lawyer plays an important role by assisting his client, reviewing investigation reports and reasons for detention, examining evidence, writing legal memoranda and objections, and addressing the competent authorities.
You can request legal advice from a specialized criminal lawyer from the office of Lawyer Abdul Majeed Al Rashid.
No comments