Supplementary penalties in the drug control system
Article 56 of the Anti-Narcotics Law deals with the supplementary penalties imposed by the judge on the accused in drug cases, and they differ according to the law according to the nationality of the accused, as a Saudi has a supplementary penalty that differs from the supplementary penalty prescribed for a non-Saudi.
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Article 56 of the Anti-Narcotics Law
It stipulates that: “
1- A Saudi who has been convicted of committing one of the criminal acts stipulated in Article (Third) of this system shall be prohibited from traveling outside the Kingdom after the end of the implementation of the prison sentence for a period similar to the period of the prison sentence imposed on him, provided that the period of the prohibition is not less than two years. The Minister of Interior has permission to travel if necessary during the ban period.
2- A non-Saudi shall be deported from the Kingdom after serving the sentence imposed on him, and he shall not be allowed to return to it, except as permitted by the instructions of Hajj and Umrah“.
Explanation of Article 56 of the Anti-Narcotics Law
This article specifies two different penalties based on the nationality of the accused in the drug case:
1- For the Saudi: The judge sentences him to a travel ban.
2- As for the non-Saudi (foreigner): the judge sentences him to deportation from the Kingdom’s territory and prevents him from re-entering.
When is a ban and deportation ruled?
The judge shall rule a travel ban and deportation from the Kingdom’s territory, if the accused is proven guilty of committing any of the crimes stipulated in Article (3) of the Anti-Narcotics and Psychotropic Substances Law, which are, in short: (drug smuggling, bringing, possessing, selling, buying, agriculture, or industry).
How long does the ban and deportation last?
1- Travel ban: It shall be for a minimum of two years, and shall be increased by the amount of the sentence imposed against the Saudi accused in the drug crime. For example, if he is proven guilty of possessing drugs for the purpose of promotion, and is sentenced to a prison sentence of (5) years, then the penalty for travel ban shall also be (5) years.
2- Deportation from the Kingdom: This is permanent, as the foreign accused cannot enter the Kingdom’s territory again. As long as the deportation ruling is in place, he is prevented from returning.
Supplementary penalties in the drug control system
Are there any exceptions?
Yes, Article 56 of the Anti-Narcotics Law specifies two exceptions for each penalty:
1- Regarding the travel ban: The Minister of Interior has the authority and powers to give permission to the accused to travel despite the validity of the ban period. This depends on the considerations and matters on which the accused relies in requesting permission. These considerations are many, as they may be due to the accused’s need for necessary treatment abroad, or other reasons. Whether or not permission is issued is subject to the discretion of the Minister of Interior and he cannot be forced to do so under any circumstances.
2- Regarding deportation from the Kingdom’s territory: The accused has the right to enter the Kingdom’s territory to perform Hajj or Umrah only, but in other cases of work or otherwise, the accused is not allowed to enter.
Supplementary penalties in the drug control system
When does the penalty of ban and deportation begin to be implemented?
The penalty of prohibition and deportation is implemented once the accused has served his prison sentence, and for the penalty of prohibition, its duration is calculated from the beginning of the accused’s release.
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