What are the rights of the accused during investigation and trial?

What are the rights of the accused during investigation and trial?

The accused enters a sensitive legal stage when facing a criminal accusation, which may have major consequences that affect his freedom, reputation and future. Therefore, the Saudi Criminal Procedures System has strictly regulated the rights of the accused during the investigation and trial stages, to ensure that he is treated fairly and protected from any procedure that violates the system and enables him to defend himself by legitimate means.

These rights include the right to know the charge against him, to seek the assistance of a legal lawyer, and not to be subjected to abuse or coercion, in addition to his right to a fair trial in accordance with clear regulatory procedures. 

Familiarity with these guarantees gives the accused and his family legal awareness that helps them act correctly from the first moment.

Who is accused in the Saudi regime?

An accused is any person suspected of committing a criminal act under Saudi Arabia’s penal systems.

The basic principle is that a person is innocent until proven guilty, and a person is considered accused of committing a crime when there is evidence confirming his connection to the crime.

The crime must be stipulated in the regulations in force in Saudi Arabia and have a specific penalty, in accordance with the Sharia principle approved by the Basic Law of Governance in Article 38 “There is no crime or penalty except by a Sharia or regulatory text”

What are the rights of the accused during investigation?

Confidentiality of the investigation

Under the Saudi system, the accused has the right to protect his personal data during the investigation period and to maintain the confidentiality of the investigation and not disclose it to the public, in accordance with Article 68 of the Saudi Code of Criminal Procedure, which emphasizes that the investigation procedures and the results they produce are secrets that investigators and their assistants must maintain and not disclose to the public.

The accused’s right to know the time of investigation

The accused has the right to know when the investigation procedures will take place and the day, hour and place where the investigation will take place in accordance with Article 71 of the system.

The accused’s right to know the reason for the arrest

The accused has the right to know the reason for the arrest or detention and the charge against him, and he has the right to contact and inform his family of this in accordance with Article 116 of the system.

The accused’s right to silence

The accused has the right to refrain from answering or signing the investigation report in accordance with Article 72 of the system’s executive regulations.

Article 102 of the system prohibits the use of pressure, coercion, or alliance methods to force the accused to confess to the crime. He may not be interrogated outside the investigation center.

The right to object to an expert opinion

The accused has the right to object to the report of the expert appointed by the investigator to express his opinion on a specific issue in the investigation, in accordance with Article 78 of the Code of Criminal Procedure.

The right to request release

The accused has the right to request his release from the investigator with a pledge to appear if requested in accordance with Article 120 of the system.

Is it permissible to investigate the accused without a lawyer?

Is it permissible to investigate the accused without a lawyer?

Article 65 of the system stipulates the right of the accused to seek the assistance of a lawyer or agent to attend the investigation on his behalf, and the investigator may not isolate the accused from his lawyer or agent during investigation sessions.

In criminal cases, a single word in the investigation report or an incomprehensible action may affect the entire course of the case. Therefore, having a licensed criminal lawyer by your side not only gives you legal representation, but also ensures monitoring the integrity of the procedures, protecting your legal rights, and formulating strong defenses that support your position before the investigating authority and the court.

“Don’t risk your rights! Book your consultation now from the office of lawyer Abdul Majeed Al Rashid and immediately contact a criminal lawyer to start working on your case from the first procedure”

What are the rights of the accused during trial?

What are the rights of the accused during trial?

The accused’s right to be notified to attend the trial

The accused in criminal cases must be informed of the date of the session before the competent court within a sufficient time, based on what is stipulated in Article 137 of the Law.

The accused’s right to a fair trial

The Saudi penal system guarantees the accused’s right to a public trial to ensure the transparency and integrity of the judiciary. The trial may be confidential if there is a danger to the accused or victim, in accordance with Article 154 of the system.

The accused’s right to defend himself

The accused has the right to request a period of time from the court to allow him time to prepare a defense memorandum for the charges against him in accordance with Article 136 of the system.

The accused’s right to attend the trial without shackles

The accused has the right to attend court sessions without restrictions or shackles, and he may not be removed from the session unless he behaves inappropriately in accordance with Article 157 of the system.

The right to object to the ruling

The accused has the right to request an appeal, cassation, or reconsideration of the ruling within the dates specified in the regulations.

When does the case move from the prosecution to the court?

The case is referred by the Public Prosecution to the competent court if the evidence is sufficient to convict the accused of committing the crime. 

The importance of hiring a criminal lawyer from the office of lawyer Abdul Majeed Al Rashid

Criminal cases require careful experience and a deep understanding of procedures and systems, because any uncalculated behavior may affect the course and outcome of the case. 

Hiring a lawyer specialized in criminal cases from the office of Lawyer Abdul Majeed Al Rashid provides you with professional legal support starting from the moment of summons or arrest, through the investigation phase, and up to the trial and appeal sessions when needed.

A criminal lawyer from the office of Attorney Abdul Majeed Al Rashid helps you protect your rights, formulate your defenses in a systematic manner, follow up on procedures accurately, and provide clear guidance that ensures you make the right decision at the right time.

“Don’t leave your case to individual interpretations. Get legal advice from a licensed criminal lawyer who will defend your rights with confidence and competence.”