Punishment for possession of drugs with intent to use

Punishment for possession of drugs with intent to use

The penalty for possession of drugs with the intent to use is a question that has become increasingly common over the past two years in particular. The reason for this was the launch of the strict campaign by the Drug Enforcement Administration under the direct guidance of His Royal Highness the Custodian of the Two Holy Mosques, may God prolong his life.

Based on our involvement in defending defendants in a large number of such cases, and the experience and full knowledge we have gained of all the details involved in such cases, we share with you this article in which we have answered all the questions that may be on your mind, whether you are the defendant himself or one of his relatives.

Punishment for possession of drugs with intent to use

The stages that a drug possession case goes through

We appreciate the bad feelings surrounding the accused or his family due to falling into such a problem to begin with. What makes the situation worse is the lack of knowledge of the procedures that will take place in the case. The situation becomes like walking into the unknown, and there is no doubt that this is a very difficult matter. From this standpoint, we have been keen to explain all the stages that the case goes through from beginning to end, in the following detail:

1- Arresting the accused:

The case always begins with the accused being caught with any type of drug in his possession, whether it was hidden in his clothes or held in his hand, or it was thrown in the car he was driving, or if the accused was just accompanying the driver who found the drugs in his car. Sometimes, the accused is even arrested if the drugs are found lying on the ground in a place close to him Considering that he may have thrown it, in all these cases the accused is arrested and then referred to the Drug Enforcement Administration.

2- Investigation and hearing statements:

After the accused is arrested, he is investigated and asked questions about the extent of his relationship with the seized drugs, and whether he acknowledges or denies them, as well as asking him about his intention in possession, whether for use or for promotion and trafficking. He is also asked about the source of these drugs, and about the extent of his readiness to cooperate with the arresting men in arresting the dealers.

3- Referral to prison:

After the investigation phase with the accused is completed, he is referred to prison, whether Haer or Al-Shamsi prison. The accused remains detained in prison until he is presented to the Public Prosecution. Before this phase, the accused cannot be released under any circumstances; he must be presented to the Public Prosecution to decide on his matter.

4- Presentation to the Public Prosecution:

At this stage, the accused is summoned to sit with the investigator, who begins interrogating the accused and asks him questions about the accusation, which are not much different from the same questions directed to him during the investigation the first time.

5- Temporary release:

After the Public Prosecution investigator finishes interrogating the accused, the investigator has the discretion to issue a decision to temporarily release the accused on bail that the investigator deems appropriate, noting that there are instructions issued since June 1446 AH; It stipulates the temporary release of all defendants as long as the accusation is abuse or use and not promotion or trafficking, and it is his first time.

6- Trial:

Whether the accused is temporarily released or not, the Public Prosecution will refer the case to the competent criminal court, where the Public Prosecution will write “the Public Prosecution Regulations” that include details of the charges brought (possession, cover-up, abuse), the evidence relied upon in bringing these charges, and the penalties required to be applied to the accused, and that once the case is referred to court; A text message will be sent to the accused’s mobile phone with the case number and the date of the hearing scheduled to consider the case, noting that attendance will be remote through the Najez platform.

7- The first defense memorandum:

Before the hearing date; the accused or the lawyer assigned to him in the case must draft the defense memorandum, which deals with responding to all the accusations made, as well as responding to the evidence based on them, and a detailed narration of the legal, legitimate and realistic defenses that are appropriate to the status of the case. Then this memorandum is submitted through requests on “Najiz platform“, and we will discuss the importance and mechanism of writing this memorandum shortly, so continue reading…

8- Pleadings and issuance of the initial ruling:

The court appears at the time of the session and reads the Public Prosecution’s lawsuit to those present at the session, then addresses it to the accused or his lawyer present, and the court asks them to answer the lawsuit. After the accused or lawyer answers, the court either sets a date for a session to pronounce the ruling directly, or it may postpone it if the lawsuit is not prepared for adjudication An example of this is when the accused denies all charges at all stages of the case, whether investigation, interrogation, or before a judge. Here, the court directs the Public Prosecution to bring more evidence. The prosecution often requests a period of time to summon witnesses from the police officers. In any case, if the court issues a ruling of non-conviction, it issues a decision to immediately release the accused.

9- Appeal:

After the initial ruling is issued, the accused and the Public Prosecution have the right to file an objection to the ruling, which is called ”appeal request“. As for the procedures that take place at this stage, as well as the mechanism and importance of writing the objection memorandum, we will discuss all of this in detail shortly. In general, after filing an objection to the initial ruling, the Court of Appeal considers it and then issues its ruling either accepting or rejecting it.

10- Appeal in cassation:

After the issuance of the appeal ruling, the accused and the Public Prosecution have the right to submit a request for appeal in cassation against this appeal ruling, and the request is considered before the Supreme Court. The period for requesting cassation in drug cases is (30) days starting from the date of issuance of the appeal ruling.

Duration of investigation into drug cases

Drug investigation is the process by which competent authorities collect evidence and information related to a crime and determine the extent of the accused’s involvement in it. The investigation includes procedures such as interrogating witnesses and accused persons, collecting physical evidence, and analyzing seized narcotic substances.

Based on the cases we have witnessed, the duration of the investigation procedures with the accused, including presenting him to the Public Prosecution and then referring his case to court, often takes a month or a month and a half at most, and in rare cases the duration of the investigation may reach (3) months.

Punishment for possession of drugs with intent to use

Punishment for possession of drugs with intent to use

The penalty for possession of drugs with the intent to use is a two-year travel ban outside the Kingdom for a Saudi, and deportation for a non-Saudi, in addition to the imprisonment stipulated in Article (41) of the Anti-Narcotics Law, which lasts a minimum of (six) months and a maximum of (two years). The judge chooses the prison term from among these two limits, according to certain factors represented in the following:

1- Type of drug: The penalty varies depending on the type of drug and its danger. Grain-type drugs such as amphetamine, lirca, and shabu are considered by the Saudi regime to be more dangerous than hashish and khat. Therefore, the chance of increasing the penalty for grains may be greater than for hashish.

2- The amount of drug: The smaller the amount of drugs, the greater the chance of reducing the sentence for the accused. However, if the amount of drug seized from the accused increases, the chance of reducing it decreases. In fact, the large amount may be a factor in increasing the sentence imposed on the accused.

3- The accused’s criminal record: If the accused has a criminal record in drug cases, his punishment will likely be more severe. Conversely, if it is the accused’s first time, the punishment will most likely be light.

4- Conditions of seizure: The conditions of drug seizure affect the punishment. For example, the punishment is more severe if the drugs are seized while there is resistance from security personnel, causing injuries, etc.

Punishment for possession of drugs with intent to use

Punishment for possession of drugs with intent to use them for the first time

We have previously explained above that Article (41) of the Anti-Narcotics Law has set the penalty for possession of drugs with the intent to use at a minimum of (6) months and a maximum of (two years), from which the judge chooses.

Based on the cases we are handling, and as long as the case is considered the accused’s first time, in most cases, and with the presentation of a strong defense that is proportionate to the accused’s situation in the case, the judge does not exceed the minimum penalty and is satisfied with setting it at only (6) months.

This is while noting what we will explain shortly about the judge’s authority to reduce the sentence, reduce the minimum, and stop the implementation of all or part of the sentence, based on the considerations presented to him in the case.

Punishment for possession of drugs with intent to use them for the second time

According to the principle, the presence of a precedent on the accused is a reason for increasing the penalty against him. Therefore, in many cases, the judge does not rule on the minimum penalty for drug possession as long as it is the accused’s second time. Despite this, the judge does not impose a strong penalty on the accused, as he may exceed the minimum by one, two, or three months at most, so the penalty is imprisonment for a period of (seven), (eight), or (nine) months.

This is taking into consideration that the penalty for the accused does not necessarily have to be increased just because it is his second time. It is not inevitable, and this is because the case itself may be surrounded by a number of other considerations that would reduce the penalty and take into account the condition of the accused and the circumstances of his case. The judge may be satisfied with the minimum (6) months, and sometimes the judge may even lower the minimum The implementation of all or part of the penalty may be suspended, all of which is due to the strength of the defense presented to the accused in the case, and the strength of the considerations presented before the primary or appellate judge.

Punishment for possession of drugs with intent to use

Punishment for possession of drugs with intent to use by a military man

The penalty for possession of drugs for the purpose of use by a soldier is no different from that of ordinary individuals. It is also limited to a minimum period of (6) months and a maximum period of (two years). The penalty is estimated by the judge.

However, it must be emphasized that the military status of the accused is one of the matters that the regime considers a reason for increasing the penalty. Based on our practice of this type of case, if a strong defense is presented to the military accused, the judge often overlooks this point and determines the penalty as determined by ordinary defendants, whether it is their first or second time.

It also applies to military personnel with the same provisions prescribed for ordinary individuals regarding the court’s authority to waive the minimum penalty, reduce the penalty, or suspend its implementation in whole or in part.

Punishment for drug abuse in Saudi Arabia

First, it is important to emphasize that there is a big difference between “the crime of drug abuse” and ”the crime of possession of drugs with the intent to use them”. These two crimes are different from each other, and the Saudi regime treats each one of them differently. So:

1- The crime of drug use: It focuses on the act of the accused of drug use itself, where the person is punished if he is caught actually using drugs, or even if he has used them previously with his confession.

2- As for the crime of possession of drugs with the intent to use them: it differs from use in that it relates to possession of drugs without necessarily arresting the person in a state of use. Possession is considered a crime in itself, even if it was not used by the accused.

Accordingly, and with a difference between the two crimes, the Saudi regulator decides an independent penalty for the crime of drug use, but there is no regulatory article that specifies this penalty. Therefore, it is entirely subject to the discretion of the court hearing the case, and the penalty here is called “sent discretionary punishment“.

Based on our handling of a large number of drug cases, we can set the penalty for drug use at a minimum of (one) month, to (3) months, and in no case more than (6) months.

Noting that if the narcotic substance that the accused took was “hashish” or “intoxicant”, then the penalty in that case would not be a discretionary penalty, but rather a “limiting penalty“; The court rules to impose the intoxicant punishment on the accused, which is flogging, for a number of (80) lashes.

We do not hide from you that the punishment of flogging is one of the most harmful punishments for the accused, and this is not related to the implementation of the flogging itself, but rather to the consequences of this punishment, after the defendant is released from prison; Because proving his conviction for the punishment of intoxicant deprives him of many things, the most important of which is depriving him of government employment.

When does the drug abuse sentence fall?

The drug use ruling shall lapse either by issuing a final ruling of non-conviction, or by the death of the accused, or by including the case in the instructions of the royal pardon issued during Ramadan, or by issuing a pardon order from the emirate located in the accused’s area.

Penalty for drug analysis for military personnel

One of the periodic procedures that members of the Saudi Armed Forces may be exposed to is conducting a drug test for the two soldiers. The test may be a urine or blood sample, or both. If the sample proves positive for any narcotic substance, the soldier is then charged with drug use.

As we mentioned above, “the penalty for drug use” is different from “the penalty for possession with intent to use“, and the same provisions stipulated in the penalty for drug use apply to the soldier, as there is no system that specifies the penalty in it, and it is up to the discretion of the judge examining the case “a sent discretionary punishment“, and the penalty is often from “one month” to “3” months, and may sometimes reach (six) months.

But if the narcotic substance that the soldier was taking was “hashish” or “intoxicant“, then he is exposed to the application of the intoxicant limit to him, and this limit will result in his dismissal from his military position, and this will cause him great harm.

Punishment for covering up for drug users

Covering up drug users means not reporting or helping someone known to be using drugs to hide their crime. This behavior is considered by the regime to be indirect cooperation with the crime, and therefore the cover-up is punished.

Based on our involvement in a large number of these cases, we can say that the most prevalent form of the crime of covering up for drug users is when a person is arrested in possession of a narcotic substance, while another person who has no connection to the seized narcotic substances is with him. Despite this, he is arrested, detained, and charged with covering up for the other accused.

The Anti-Narcotics System has not specified a specific penalty for the crime of concealment, but rather it is subject to the judge’s discretion and the penalty here is called “sent discretionary punishment“. The penalty that judges sentence for a concealer usually ranges from (15) days, and may reach (three) months in prison, and does not exceed (6) months.

It is worth noting that the accusation of covering up for the user is a relatively simple accusation, which is easy to deny from the accused, such as proving that the other accused does not know about the presence of drugs, or that it is impossible for him to know about their presence according to the circumstances and details of the case, such as the arrest officers finding the narcotic substance in the other accused’s underwear. Here, it is inconceivable that the accused of covering up would be aware of the presence of drugs!! And other strong defenses that we can discover when we approach the case, and we are happy to help you.

Finally, for your convenience, we share with you this calculator that shows you the penalties prescribed for all crimes directed against the accused. All you have to do is choose the options that express your case, and the calculator will indicate all the penalties:

Drug Penalty Calculator

Types of crimes directed by the prosecution: possession with intent to use

Drug abuse
Covering up the source of the medicine
Type of drugs seized: hashish
Narcotic pills
Shabo
Intoxicant
Calculate the penalty

Evidence in drug cases

Evidence is one of the essential matters that must be present in the Public Prosecution’s case so that the judge can accept it and issue his ruling convicting the accused of it, as the basic principle in a person is innocence from accusation, and therefore; The accused cannot be convicted of a crime directed against him, except after it is proven by evidence free from defamation.

Evidence also means evidence presented to prove the occurrence of the crime and convict or acquit the accused. Evidence must be strong and convincing to be relied upon by the judge in issuing a ruling. Evidence varies depending on the type of crime and its circumstances. However, in drug cases, evidence takes many forms, the most prominent of which are “the testimony of witnesses from the police officers who arrested the accused“, as well as material evidence, leading to technical investigations.

Let us highlight the types of evidence in drug cases below:

1- Physical evidence:

*Drug seizure: Finding drugs in the possession of the accused or in a place controlled by him is strong evidence, and this includes the quantities seized and their locations, in addition to the means used in the use.

*Laboratory tests: Laboratory tests are used to determine the quality and quantity of the seized narcotic substance. This is evidence that must be presented to prove that the seized substances are prohibited narcotic substances. Without these tests, there is no criminalization or conviction.

2- Certificates:

*Witness testimony: The testimony of witnesses, such as family members, neighbors, or people who knew about the accused’s actions, can be supporting evidence in a case.

*Security personnel testimony: Security personnel who participated in the investigation, arrest, or raid of the accused consider their testimony to be important evidence in the case, provided that it conveys the accusations, is not contradictory, and does not detract from it or diminish its logic or validity. For example, if a witness states that he is not certain whether the accused specifically threw the drugs out of the car, then his testimony cannot be accepted.

3- Confessions:

*The accused’s confession: If the accused confesses to his crime before the court or during investigation or interrogation, this confession is considered one of the strongest types of evidence. However, the confession must be made without coercion or compulsion.

4- Technical evidence:

*Recordings and surveillance: Audio recordings or videos taken during surveillance operations can be used as evidence in the case, as can phone calls proving the accused’s involvement in drug cases.

*Technical reports: These include expert reports, such as drug analysis or medical examinations proving the accused’s drug use.

Recognition in drug cases

When it comes to drug cases, confession may seem at first glance like a simple option to end the matter quickly, but the truth is that confession in these cases can be complex and have strong effects on the course of the case.

Confession is when the accused acknowledges the validity of the charges against him. This confession may be comprehensive of all charges, or partially limited to some charges and not others. It is worth noting that the confession is either before the investigating authorities and is called “hearing statements“, or it is before the Public Prosecution and is called “interrogation“.

In both cases, if this confession meets the conditions for its validity, that is, with the consent of the accused, that is, without coercion or pressure, and there is no fragmentation of that confession, then the judge can rely on it to prove the conviction.

It cannot be said in all cases that confessing to the crime will be a reason for reducing the penalty, because there are some cases in which denial is better than confession, especially accusations related to drug use, which result in lowering the punishment for intoxication. There are also other cases in which denial may result in changing the description of the crime from “intention to use” to “mere possession“ This is a very big problem because the penalty for mere possession is much higher than for intent to use.

In general, if the accused can prove that the confession was taken from him by force or coercion, then the effect of the confession is invalidated and not taken into account. However, the problem with this point is that the judge does not accept mere words or transmitted statements, as it will not be sufficient to argue before the judge in influential terms and sentences that there was coercion in the confession. Rather, evidence and proof of this coercion must be presented, which we know is almost impossible in this type of case.

Reasons for acquittal in drug cases

Despite the strict penalties prescribed for the crime of drug possession with intent to use, concealment, and use, the Saudi regime decides on a number of reasons that may lead to acquittal of these charges, the most important of which are:

1- Lack of criminal intent:

To prove a charge of drug possession with intent to use, the accused must prove criminal intent, meaning that he is aware of the nature of the narcotic substance and its possession with intent to use it. If it is proven that the accused was unaware of the nature of the substance or that his possession of it was for another purpose such as treatment, then the crime of drug possession with intent to use is negated.

2- Lack of sufficient evidence:

Evidence in drug cases must be sufficient and strong to convict the accused. If the evidence is insufficient, fabricated, or questionable, this may lead to acquittal.

3- Absence of criminalization with regard to the seized substance:

The seized narcotic substance must be stipulated that its possession is prohibited, and this is specified in the system for combating narcotic drugs and psychotropic substances, and the Public Prosecution must submit an analysis report of a sample of the seized substance proving that it is covered by criminalization, otherwise there is no conviction.

4- Questioning the evidence:

The Public Prosecution must prove the accused’s involvement “beyond a reasonable doubt”. Therefore, if the accused’s lawyer can raise reasonable doubt about the evidence or the prosecution’s account, the court may acquit the accused. This may include presenting evidence that denies the accused’s presence at the crime scene: such as his presence elsewhere at the time of the crime, or proving that others had motives to fabricate the charge: Such as personal animosities or a desire for revenge.

5- Psychological disorders:

In some cases, it may be argued that the accused was suffering from a psychological or mental disorder at the time of committing the crime, which affects his ability to distinguish between right and wrong. If it is proven that the accused was not responsible for his actions as a result of a mental disorder, this could lead to acquittal or a reduced sentence.

6- Accidental possession:

Proving accidental possession of drugs may lead to acquittal, if the accused is able to prove that he did not know that the drugs were in his possession, or prove that the drugs belong to another person, or that the drugs were found in a car that the accused was riding in accidentally without knowing what it contained, such as electronic means of transportation.

Punishment for possession of drugs with intent to use

Finally, achieving acquittal in drug cases depends on many factors, including weak evidence, or proof of lack of criminal intent. If you are facing an accusation in a drug case, hiring an expert lawyer can be the difference between conviction and acquittal, or at the very least reducing the sentence to the minimum possible. We at the office of Attorney Abdulmajeed Al Rashid Law Firm and Legal Consultations can carefully analyze the case and identify weaknesses in the prosecution’s position Working to provide a strong and coherent defense to ensure the best chance of achieving justice, do not hesitate to contact us.