Embezzlement of public funds in Saudi Arabia

Embezzlement of public funds in Saudi Arabia

The crime of embezzlement of public funds is one of the most serious forms of corruption because it leads to the unjust depletion of state resources and deprives society of access to government services.

The Anti-Embezzlement, Financial Fraud and breach of trust system stipulates the penalty for embezzlement of public funds in Saudi Arabia and specifies the acts that fall within the crime.

What is the crime of embezzlement of public funds?

The crime of embezzlement is the seizure by a government employee or a trustee of funds belonging to a government or private entity through illegal means such as deception or lying.

Embezzlement occurs in movable property such as cash, securities, or official documents.

What are the elements of the crime of embezzlement of public funds?

 Embezzlement is a financial fraud crime punishable by the Expert Panel Embezzlement System if it meets all the basic elements, namely:

• Illegal possession of money. 
• The crime must be committed by a public employee.
• The money must be from public funds owned by a government agency.
• That the perpetrator deliberately committed the crime of his own free will.

What is the difference between embezzlement and theft?

What is the difference between embezzlement and theft?

Embezzlement and theft share the commonality of illegally seizing money and differ in the nature of the perpetrator, the possession of the money, and the methods of seizure used.

Characteristics of the perpetrator

There is no relationship between the thief and the victim, but in the crime of embezzlement, the perpetrator must be a public employee who can access the funds easily due to his work in the government agency.

Possession of money Theft The money is held by others and the perpetrator takes it secretly.

As for the money in the crime of embezzlement, it is in the possession of the employee by virtue of his job and he seizes it for himself without right.

Methods of seizure used in crime

The thief sometimes uses violence or weapons to obtain the victim’s money and belongings.

While the Anti-Embezzlement Crime System specifies the illegal methods used by the employee in his crime, including trickery, deception, or illusion.

What are the conditions for proving the crime of embezzlement?

Embezzlement of public funds is a major crime requiring arrest, as the Public Prosecution has the authority to arrest and investigate defendants.

The following conditions are required to prove the crime of embezzlement of public funds:

• Proof of the public employee’s relationship with the movable property, such as if the employee is a custodian of the safe and owns its keys.
• The perpetrator’s intention to own this money for himself or others must be proven.
• The existence of convincing motives and reasons that push the perpetrator to commit the crime, such as the employee’s financial problems.

What is the penalty for embezzlement of public funds in Saudi Arabia?

The Anti-Embezzlement, Financial Fraud and breach of trust system stipulates a penalty for anyone who commits the following acts:

• Unjustly seizing someone else’s money using trickery, lying, deception, or illusion, the perpetrator shall be punished with imprisonment for a period not exceeding 7 years and a fine not exceeding 5 million Saudi riyals, or with one of these two penalties.
• Unjustly seizing or disposing of money handed over to him by virtue of his work as an employee or as a trust, partnership, deposit, loan, lease, mortgage, or agency in bad faith, the perpetrator of this crime shall be punished with imprisonment for a period not exceeding 5 years and a fine not exceeding 3 million Saudi riyals, or with one of these two penalties.
• Inciting others to commit the crime of embezzlement or assisting them in doing so.
• Attempted crime.
• Committing the crime through an organized gang.

Is it permissible to waive embezzlement cases?

Is it permissible to waive embezzlement cases?

Cases of embezzlement of public funds may not be waived because it is a criminal offense that involves embezzlement and infringes on the sanctity of this money, as the public right cannot be waived except in specific cases such as a general amnesty. 

If the crime of embezzlement involved private money, the waiver of the private right is due to the victim’s will and desire to accept reconciliation and pardon the perpetrator. 

A specialized lawyer from the office of Lawyer Abdul Majeed Al Rashid must be hired to handle criminal cases, providing the necessary legal support from the moment the accused is arrested, during the investigation and arrest phase, and during the trial.

A criminal lawyer from the office of Attorney Abdul Majeed Al Rashid specializes in providing a variety of legal services, including studying and analyzing criminal cases, reviewing investigation files and verifying the validity of procedures, drafting legal memoranda and defenses, representing clients before the Public Prosecution and competent authorities, attending sessions before criminal courts, pleading on behalf of clients, and more.