Self-defense if a lawsuit is filed against you
Disclaimer: This is a legal article that provides information that does not replace consulting a competent lawyer to help you and for more accurate information.
The Saudi system, specifically the “Criminal Procedure System,” guarantees you broad guarantees and rights to defend yourself in the event that you are charged by the Public Prosecution. You can defend yourself by following the following regulatory steps and guarantees:
Hire a lawyer at all stages:
You have the right to seek the assistance of an agent or lawyer to defend you from the beginning of the investigation phase in the Public Prosecution until your appearance before the court, in accordance with Article Four and Article Sixty-Five of the Code of Criminal Procedure.
Request for a lawyer at state expense (in major crimes):
If the charge against you is classified as a “major crime”, and you do not have the financial ability to hire a lawyer, the system has guaranteed you the right to request the secondment of a lawyer to defend you at state expense. You can submit a written request to the administration of the court before which the case is being heard, declaring your financial inability and disclosing your sources of income. The judicial department will evaluate the request and issue its decision, based on Article 139.
Request a deadline to prepare the defense before the court:
When your case is referred to court and you appear before a judge for the first time, if you are not prepared to respond to the charges immediately, you have the right to request that you be given a period of time, and the court must give you “sufficient time” to prepare your defense in accordance with Article 136.
Respond to the accusations and be “the last to speak”:
In trial sessions, the court first hears the prosecutor’s (Public Prosecution) case list, and then you or your lawyer have the right to provide a defensive answer to it. Article 173 guarantees you the right to comment on the public prosecutor’s case, and explicitly stipulates that the accused shall be the last to speak before the pleadings close, ensuring you have the opportunity to refute any statements or evidence presented against you at the closing session.
Practical tips for arranging your defense:
- Request a copy of the statement of claim: You have the right to obtain a copy of the general statement of claim filed against you to accurately know the materials of the accusation and the evidence attached.
- Refuting evidence: Prepare written response notes refuting the Public Prosecution’s evidence, and provide any evidence or witnesses that prove your innocence or oppose the charge against you.
- Personal attendance: Be careful not to miss any session, as the system requires the accused in major crimes to attend in person (without prejudice to his right to seek the assistance of a lawyer), while a delegation may be made in other crimes unless the judge orders your presence in person.
For law and legal consultations..Contact the office of lawyer Abdul Majeed Al Rashid.
References
- Article Four of the Code of Criminal Procedure
- Article Sixty-Five of the Code of Criminal Procedure
- Article 139 of the Code of Criminal Procedure
- Article 136 of the Code of Criminal Procedure
- Article 173 of the Code of Criminal Procedure
No comments