The principle of overlapping penalties in Saudi law

The principle of overlapping penalties in Saudi law

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.

In light of the rapid legislative developments witnessed by the Saudi judiciary, there is a need to understand the controls that govern the principle of overlapping penalties. Not every multiplicity of crimes requires multiple penalties, and here lies the essence of this principle, which aims to balance deterring the perpetrator and assessing the seriousness of the criminal act without excess.

Royal Decree No. M/33 of 1444 AH brought about a qualitative shift in controlling this concept, clarifying the cases in which the most severe penalty is sufficient, and the cases that require multiple penalties, leading to fundamental exceptions to the application of this principle.

Because dealing with sensitive legal matters requires careful evaluation and a deep understanding of the regulations, the attorneys at Abdulmajeed Al-Rasheed Attorney’s Office put their expertise at your fingertips to ensure the best legal protection for your situation. 

What is meant by the principle of overlapping penalties?

The principle of overlapping penalties means multiple penalties for a single act or if the perpetrator commits several crimes for one purpose.

Examples of this include committing crimes of insult and blackmail using a mobile phone, or committing murder for the purpose of theft.

Multiple penalties in the Saudi law and their types

• Original penalty: This is the penalty stipulated in Saudi criminal regulations, such as:
  • Prison.
  • Retribution.
  • Skin.
  • Financial fine.
• Consequential or complementary punishment: It is the punishment that complements the original punishment, such as:
  •  Confiscation of seized items such as drugs, weapons, documents, etc.
  • Publish the penalty in the Official Gazette at the offender’s expense.
  • Deportation from the Kingdom of a non-Saudi or ban from traveling to a Saudi.
• Discretionary punishment: It is the punishment that the judge estimates and rules according to the circumstances and conditions of the case.

When will the principle of overlapping sanctions be applied in the Saudi law?

The circular issued by Royal Decree No. M/33 in 1444 3 7 AH clarified the overlap of penalties in the cases in which the principle is applied, which are:

Multiple penalties for one act

Multiple penalties for one act

The original, more severe penalty shall be applied when there is a multiple criminal description of a single incident, and the entire subsidiary and supplementary penalty shall be applied. 

Multiple criminal acts

It has two cases:

• Multiple crimes for one purpose: If the crimes are indivisibly related to each other, they are all considered one crime and the following penalties apply to the offender:
  • vOriginal penalty: The offender shall be sentenced to the most severe original penalty prescribed for any of these crimes.
  • Consequential and supplementary penalties: applied in all cases, regardless of the number of crimes.
• Multiple crimes: If a person commits several crimes that are not related to each other and the penalties for a single act are not multiple, the following penalties will be applied to the perpetrator:
  • All original penalties imposed successively, provided that:
    • The prison sentence shall not exceed 20 years except by a statutory text.
  • All accessory and supplementary penalties, regardless of the multiple crimes.

What are the exceptions to Royal Decree No. M/33 of 1444 3 7 AH Overlapping penalties?

• Crimes that target or threaten the safety, life, person, status or powers of the King or Crown Prince in any way or form.
• Crimes that constitute conspiracy against the regime or expose it to any threat or disruption.

The most important applications of the principle of multiple sanctions in the Saudi law

The most important applications of the principle of multiple sanctions in the Saudi law

The offender shall be punished in accordance with Article 62 of the Law for Combating Narcotic Drugs and Psychotropic Substances with the most severe penalty when he commits several crimes punishable by this system or another system.

Article 64 also stipulates that the more severe penalty shall be sufficient when discretionary flogging penalties overlap, unless the judge deems otherwise.

Familiarity with the principle of overlapping penalties in the Saudi law goes beyond mere theoretical knowledge; It is your first line of defense against the complexities of criminal cases. 

Because criminal cases do not require interpretation, a criminal lawyer from the office of Attorney Abdul Majeed Al Rashid brings his legal expertise to you to accurately analyze the circumstances of your case, formulate legal arguments to protect you, and ensure that you obtain your full rights before the judiciary.