Crimes requiring arrest | When is arrest mandatory?
The Kingdom of Saudi Arabia, represented by the Ministry of Interior, is committed to maintaining security and stability in the country and exerting all efforts and measures to guarantee the rights of citizens and residents within its territory. To this end, the state has issued numerous regulations and decisions prohibiting the commission of crimes and imposing strict penalties on those who commit them. In addition, the Kingdom guaranteed the rights of the accused and clarified arrest and detention procedures and the powers of security personnel.
In this article, we review what is the major crime? What is arrest? What are the major crimes that require arrest? What are the powers of the Public Prosecution in cases requiring arrest?
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What is the major crime?
It is every crime stipulated by the system as a major crime whose negative effects extend to individuals and society and are recorded as a criminal precedent for those who commit it.
Why were the crimes requiring arrest given this name?
Article 112 of the Code of Criminal Procedure gives the investigator the authority to arrest, detain, and investigate the accused if he commits a major crime requiring arrest. It was given this name based on Public Prosecutor’s Decision No. (1) dated 1-1-1442 AH, where the decision stipulated that the Public Prosecutor has the authority to determine major crimes requiring arrest.
What is arrest?
It is when the investigator arrests the accused of committing a crime and places him in a designated place within the police stations until the investigation procedures are completed.
If the investigator finds that the accused’s continued detention will not affect the investigation, he may release him, provided that the accused undertakes to appear if requested, in accordance with Article 120 of the Code of Criminal Procedure.
What are the major crimes that require arrest?
Border crimes punishable by death or amputation.
Premeditated and semi-premeditated murders.
Crimes against national security.
Crimes punishable by imprisonment for a period exceeding three years.
Every crime for which there is a special provision in the system that it is one of the major crimes requiring arrest includes crimes stipulated in a special provision in royal orders.
Check crimes mentioned in Article 118 of the Commercial Papers Law.
Embezzlement of public funds: This includes funds from the following entities:
Funds of agencies with public legal personality.
Companies or institutions that manage or operate public facilities or perform public services.
Funds of joint-stock companies or companies in whose capital the state contributes.
Banks, companies or individual institutions that engage in banking business.
Intentionally assaulting someone below oneself if the assault results in the following:
Removal of an organ (such as amputation of a foot).
Disabling a benefit (such as blindness) or part of it.
An injury with a recovery period of more than 21 days.
Assault using sharp tools such as knives and machetes, even if the injury is minor.
Intentionally attacking public or private funds or property using any means of destruction worth more than 20 thousand Saudi riyals.
Beating a parent or grandparent.
Violating the sanctity of homes by entering them with the intention of assaulting oneself, one’s honor, or one’s money.
Non-borderline theft committed by a gang:
Non-limit theft is: theft that does not meet the conditions of the theft limit.
Gang formation is: contributing to the commission of the crime of theft by two or more people by agreement between them, regardless of the form of contribution, whether by providing tools, driving a car, etc.
Looting money: This means taking money openly (in front of everyone) with or without force.
Car theft: Whether the theft of the car or parts of it is public or not.
Pimping and preparing brothels.
Selling, manufacturing, smuggling or possessing intoxicants for the purpose of promotion or trafficking.
Smuggling, bringing, receiving or growing khat plants for the purpose of promotion or trade.
Traffic accidents that occur while driving: In traffic accident cases, it is important to seek the assistance of a criminal lawyer from the office of Lawyer Abdul Majeed Al-Rashid if the accident results in deaths, loss of an organ, loss of a benefit or part thereof, or the recovery period is longer than 21 days. This is if the vehicle driver:
Under the influence of intoxicants, narcotics, or psychotropic substances.
He drifted.
He drove the vehicle in the opposite direction to traffic.
Bypass the red traffic light.
Speeding that endangers public safety in accordance with traffic regulations.
Intentionally assaulting a security officer while the security officer is performing his job duties, intentionally damaging his vehicle, or damaging the equipment he uses.
Shooting from a firearm or brandishing it in public places or events.
Shooting or brandishing a firearm with the intent to assault or threaten.
Crimes of kidnapping or detention with intent to assault oneself, one’s honor, or one’s money.
Commercial fraud crimes if the adulterated product or the materials used in the product are harmful to human or animal health or affect their safety.
What are the powers of the Public Prosecution in cases requiring arrest?
In crimes requiring arrest, the Public Prosecution gives the Public Prosecutor or the head of the branch the powers to order the release of detainees in these crimes only, and excludes the crime in which a text or royal order states that it is one of the major crimes requiring arrest.
In addition, the accused shall be released if the private right holder waives, returns the embezzled amount, or pays the value of the damaged amount, while the crime he committed remains a major crime.
Criminal lawyer, lawyer Abdul Majeed Al Rashid’s office for legal consultations
The rights of the accused are guaranteed in the Saudi system, especially in major crimes, where the criminal court requires the presence of the accused himself or with a criminal lawyer when considering the case. Among the accused’s basic rights is his right to seek the assistance of a specialized criminal lawyer in order to resolve his case.
A criminal lawyer from the office of lawyer Abdul Majeed Al-Rasheed provides many legal services, including reviewing investigation records, addressing the competent authorities, providing legal advice, writing legal memorandums and objections, and attending sessions.
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