Punishment for theft and controls for its application

Punishment for theft and controls for its application

Looking for a punishment for theft in Saudi Arabia? Theft is one of the problems that threaten national security and stability, which has made it the focus of attention, whether from the perspective of Islamic Sharia or the laws in the Kingdom, which work to implement the provisions related to this matter in a precise and firm manner characterized by justice and transparency, by applying strict penalties that ensure the deterrence of criminals and the protection of both citizens and residents, which enhances national societal security and helps to live in safety, calm and comfort without fear or anxiety.

Therefore, today we will discuss the forms of punishment for thieves in Saudi Arabia, as well as how to apply the punishment for theft in Saudi Arabia and other matters related to the subject of theft. To inquire about any part related to the punishment for theft in Saudi law, you must contact the Abdul Majeed Al Rashid Law Office and Legal Consultations, to obtain explanatory answers that are characterized by accuracy and quality.

What are the controls for applying the penalty for theft in Saudi Arabia?

Although the penalty for theft varies from one case to another depending on the type of theft committed, there are a set of controls that control whether or not the penalty for theft is imposed in Saudi Arabia, and these controls are:

• The thief must be a sane adult, so the punishment will not be imposed on a young person, an insane person, or an unconscious person.
• The thief should be a leaker who is not forced to steal.
• The stolen item must be reported to a fraudster and the thief must be informed of this.
• Stolen money should have value in order to impose a punishment on the thief, for example wine and a pig do not represent valuable money.
• The stolen money reaches the quorum equivalent to 1.06 grams of gold.
• Two witnesses must testify against the thief, or he must admit it himself.
• Stealing money from a hidden place such as a safe or other, where the stolen money or property must be in the possession and custody of its owner and be guarded, insured, and not left in a way that tempts the thief.
• The thief took the money secretly without the owner’s knowledge.

It is worth noting that if these conditions are not met, the punishment for theft will not be imposed on the thief, and the penalty for theft will be enhanced, but if the crime is proven to have occurred with the thief meeting these conditions, the severe penalty will be applied.

What is the penalty for theft in the Saudi labor system?

Would you like to know the penalty for theft in Saudi Arabia? You should know that the penalty for theft in Saudi law varies depending on the type of theft itself. From this perspective, we can address the penalty for a thief in Saudi Arabia as follows:

Punishment for borderline theft

Before discussing the penalty for the crime of theft in Saudi Arabia of the borderline type, we must first know the meaning of borderline theft, as it is theft that meets all the conditions mentioned above and necessary for applying the punishment for theft. As for the penalty applied in this type, it is cutting off the thief’s right hand from the wrist, based on the provisions of the Holy Quran and Islamic law.

Penalty for aggravated theft

This type of theft is a type that does not meet any of the conditions for establishing the punishment that we mentioned previously in terms of maturity, perception, and status of the stolen money, and the judge is responsible for the entire matter, as the penalty for theft in Saudi Arabia in this type is that the thief is punished with one of the rulings estimated by the judge examining the case, which It is based on the nature of the crime, its surrounding circumstances, and the consequences resulting from it The rulings that may be issued to punish thieves in Saudi Arabia for this type of theft include:

• Financial fine.
• Prison.
• Scourge.

It is worth noting that more than one penalty can be applied together according to what the judge deems appropriate. To know the status of the thief and to discuss the rulings that can be issued against him accurately, you can contact the office of Attorney Abdul Majeed Al Rashid for Law.

Other types of thefts

In addition to the two types of marginal and reinforcing theft, which are classified according to the penalty for theft in Saudi Arabia resulting from the act of theft and its impact on the victim, there are other types of theft that are classified according to various other factors, which are:

Theft according to the circumstances of the crime

This type of theft can be divided into: petty theft, which the perpetrator commits by hiding and entering the place where the money is stored. On the other hand, there is grand theft, which is this type that occurs by looting and plundering and is not hidden from the criminal from the victim, and the perpetrator works to take the money by force.

Theft according to the implementation mechanism

The methods used by the perpetrator to carry out the theft and seize money vary, and on this basis the types of theft can be divided into:

• Theft by threat occurs when the thief threatens the victim with a pardon or weapon to force him to hand over what he owns. It is a dangerous type that directly targets the victim with the aim of coercion, but the law threatens all types of theft, and the penalty for theft in Saudi Arabia represents one of the safe havens that protect citizens.
• Theft by deception and manipulation: Here, the perpetrator exploits the victim’s trust in him or resorts to using various deception methods to obtain money or property, and among this type of theft is impersonation or providing false and fake information for illegal gain.
• Theft by breaking and taking off: In this type, the perpetrator uses force or violence to break locks, windows, or doors to enter places that do not belong to him and carry out the theft, including stealing homes and shops.
• Theft leading to harm: The perpetrator’s role in this type is not limited to stealing property and money only, but he also causes damage to the property, such as destroying furniture or electronic devices to cause additional damage to the victim.

Whatever the type of theft, there is only one way waiting for the perpetrator, which is the penalty for theft in Saudi Arabia. To know all the details and inquiries, you should contact the office of lawyer Abdul Majeed Al Rashid.

How long is the prison term for a thief in Saudi Arabia?

If you need to know the length of time a thief is imprisoned in Saudi Arabia, there is no specific measure, as the penalty for theft in Saudi Arabia is determined based on two basic factors, which are:

Private right

The special right of the victim is to legally pursue the perpetrator to demand the recovery of his right and compensation for the damage caused to him, and this is done by filing a complaint against the stolen item to initiate the lawsuit.

The penalty in this case is determined by the victim’s insistence and whether the plaintiff has waived the private right or not. It is worth noting that waiving the private right does not necessarily result in the forfeiture of the public right, as the state remains responsible for punishing the perpetrator and maintaining the security and stability of society.

Public right

It is the right of the state and society to punish the thief, as theft represents a fundamental factor in threatening safety and violating the rights of the entire society. It is worth noting that the prison term in relation to public rights is not specific and fixed due to the difference in theft cases, their types and the consequences resulting from them. Here, the punishment is reinforcing and determined by the judge according to certain criteria, which are:

• Type and circumstances of theft: Theft may be simple, i.e., committed in secret, or it may be committed by force or under threat. It should be noted that the penalty for theft in Saudi Arabia varies depending on whether it is directed at public or private property, banks, or any financial institution.
• The offender’s personal circumstances, which are taken into account at the time of sentencing, including age, mental state, and previous criminal record. For example, a reasonable, responsible, and adult offender may face a more severe penalty compared to those who are underage or who suffer from mental and psychological problems.
• The value of stolen goods. The higher the value of stolen goods, the more severe the penalty for theft in Saudi Arabia. This strikes a balance between crime and punishment, and the result deters anyone who indulges in any type or form of crime.

Based on and in accordance with the above factors, it can be said that the penalty for theft in Saudi Arabia may range from several months to several years, and may reach 15 years in these serious cases.

Penalty for mobile theft in Saudi Arabia

Wondering about the penalty for theft in Saudi Arabia if the stolen item is a mobile phone? Theft of mobile phones is widespread, due to the ease of stealing them and making money from them, and the penalty for stealing them may be severe by cutting off the thief’s hand.

This is in the event that the necessary conditions are met to apply the theft limit “the eligibility of the thief, that the stolen items have a halal financial value without alcohol or drugs, with proof of the theft through witness testimony, and that the stolen item is seized”.

If these conditions are not met, an additional penalty is expected for the mobile phone thief, i.e. a discretionary penalty for the judge hearing the case, which may be in the form of imprisonment, a fine, flogging, or a combination of more than one penalty.

It should be noted that in addition to imposing a reinforcing penalty, the provisions of the Saudi Anti-Cybercrime Law may be applied, and this is the penalty for theft in Saudi Arabia if the mobile phone contains important personal information of its owner, and the theft of the mobile phone leads to its destruction or access to banking or credit data through the stolen mobile phone.

Accordingly, and in accordance with the provisions of Saudi law, a thief may be punished with a prison term not exceeding 3 years and a fine not exceeding 2 million riyals, or with one of the two penalties. On the other hand, the penalty will be a prison term not exceeding 1 year and more than 500,000 Saudi riyals, or with one of the two penalties, if the thief is able, through his mobile phone, to access the victim’s data, threaten him, blackmail him, and defame him.

How to prove theft

Given the seriousness of the crime of theft and its threat to societal security, Saudi law has established a set of clear pillars for determining criminal liability and issuing a penalty for theft in Saudi Arabia. The pillars necessary for theft to be considered a criminal act requiring punishment are:

The physical corner

One of the elements necessary to prove the crime of theft is the financial element with its three main elements, which are:

• The criminal act, which includes all actions carried out by the perpetrator with the aim of seizing the victim’s money, such as climbing walls, breaking doors, or taking money from a guarded or insured place.
• The result is what is achieved once the perpetrator is able to seize the money without the knowledge or consent of the victim, causing him harm and violating his financial rights.
• The causal relationship, which links the criminal act to the result, means that the seizure of money was a direct result of the material actions carried out and carried out by the perpetrator. For example, if the perpetrator finds the money in front of him and takes it, then the material element of theft is eliminated and the penalty of theft will not be imposed on the perpetrator in Saudi Arabia, as taking the money was not part of a prior theft plan.

Moral pillar

As for the second element that must be present to prove the act of theft and issue a penalty of Raqqa in Saudi Arabia against the perpetrator, it is the moral element, which is embodied in two basic elements, namely:

• Criminal intent is an element that occurs when the perpetrator is fully aware and has a clear understanding that what he is doing is illegal and constitutes a crime punishable by the regime. Despite this, he does not back down or be deterred.
• Criminal intent, that is, what happens when the perpetrator voluntarily and intentionally goes to achieve the criminal result and seize the victim’s money in complete secrecy without his knowledge.

It is worth noting that there is a legal element as one of the elements of proving theft and imposing a penalty for theft in Saudi Arabia, which is that there must be a legal text that makes this act criminalized, the crime of theft. Thus, we conclude that with the availability of all these elements, all the elements of the crime are complete, as the occurrence of the act of theft cannot be considered except after the combination and unification of all these elements.

To know the judicial and criminal situation in an ideal and clear way, you should contact Abdul Majeed Al Rashid Law Office and Legal Consultations.

Legal mechanisms to prove the crime of theft in the Kingdom

Based on what is stipulated in the Saudi judicial system, proving the crime of theft and issuing an appropriate punishment for theft in Saudi Arabia on the perpetrator requires providing conclusive evidence that confirms the occurrence of the crime and proves and identifies the perpetrator, and this happens through one of two methods:

• Availability of evidence and legal proof, which includes all legitimate means to prove that the perpetrator committed the crime, such as witness testimony and any reliable material evidence confirming the theft and then linking it to the accused.
• The perpetrator’s confession and admission of committing the crime is considered the strongest evidence proving that the perpetrator committed the theft. However, it should be noted that this confession was issued by the perpetrator’s free will, without coercion, and was documented in accordance with existing laws.

What is the penalty for purchasing stolen goods without knowledge in Saudi law?

We all know the punishment for theft in Saudi Arabia, especially after mentioning the pillars that prove the completeness of the aspects of theft and the conditions under which the thief deserves punishment, as with the availability of all conditions and evidence, the punishment is cutting off the thief’s hand, in addition to the view of society and the individuals surrounding the thief, not to mention the punishment of God Almighty.

But whoever buys stolen things without knowing about the matter is not subject to any blame or guilt, but the sale in this case is considered invalid. If the original owner of the goods is aware of it, it must be returned to him along with a claim for the price of the goods paid for it.

In the end, the penalty for theft in Saudi Arabia is the first path of protection and a lifeline to regain rights and to give every guilty person the punishment he deserves, but the penalties differ depending on the type of theft, as there is marginal theft, the scourge of which is cutting off the thief’s hand if a set of conditions are met in it, such as eligibility, awareness, and resorting to stealing hidden property, There is also reinforcement theft, the punishment for which is left to the judge’s discretion.

Frequently Asked Questions

When does the theft limit fall?

The theft limit is waived in cases of sincere repentance and return of stolen money, as well as due to the harsh social and economic circumstances that the perpetrator is going through, and it may also be waived by statute of limitations.

Is a thief’s hand cut off in Saudi Arabia?

Yes, this is done in the case of marginal theft, but a set of conditions must be met to establish this limit, such as the thief being disabled and aware, and the stolen money reaching a quorum equivalent to 1.06 grams of gold.

What are the types of thefts?

Borderline and reinforcement theft exist under threat, embezzlement and forgery.