Father and cybercrimes against minors

Father and cybercrimes against minors

In the aforementioned case, and based on Saudi regulations, full legal responsibility lies with the father alone, and the minor son bears no responsibility at all. Here are the legal details and actions you should take:

First: The responsibility of the father (the legal guardian)

The father is fully responsible for all operations carried out at his son’s expense, for several reasons:

1. Under the account opening contract: When opening a bank account in the name of a minor, the guardian (father) signs the account opening agreement, which includes his acknowledgment that he is responsible for the safety of the deposited funds and that they result from legitimate activities. He also acknowledges his responsibility for the funds deposited in the account even if he was not aware of them and disposed of them. This is confirmed by the model formula for an agreement to open a current bank account for individuals.
2. Under the system of guardianship over the assets of minors: The father is the natural guardian over the assets of his minor son, and his mission is to care for, preserve, and develop them in a manner that serves the interests of the minor. Article 8 of the Unified LLaw for the Care of Minors’ Funds stipulates that “the guardian shall care for the minor’s funds, and shall have management and jurisdiction over them.” Using the account for suspicious transactions or exposing it to the risk of fraud constitutes mismanagement and puts the minor’s assets at risk. This may expose the father to accountability and the deprivation of his guardianship, as Article 11 of the same system stipulates that: “If the minor’s property becomes in danger due to the guardian’s misconduct… the court has the right… to deprive him of guardianship or limit it.”
3. Intent to circumvent regulations: A father who must stop services opening an account in his son’s name may be interpreted as an attempt to circumvent court orders, placing a greater burden of responsibility on him.

Second: The minor son does not bear any responsibility

The minor son (17 years old) does not bear any legal or financial consequences of these operations for the following reasons:

• Lack of full legal capacity: The age of majority in the Kingdom is the completion of 18 Hijri years, according to Article Two Hundred and Twenty-Four bis of the Sharia Litigation Law. Before this age, a person is considered a minor and has incomplete capacity.
• Invalidity of actions harmful to minors: A minor’s involvement in financial fraud is purely harmful. According to Article 3 of the Unified System for the Care of Minors’ Money, “The financial actions of a distinguished child… are invalid if they are purely harmful to him.”
• Lack of knowledge and will: Since the account was opened and used without the son’s knowledge, no responsibility can be attributed to him, as the elements of responsibility are negated by perception and will.

Third: Immediate measures to be taken

You must act immediately to protect yourself and your son and correct the legal situation. Here are the steps in detail:

• Stop dealing immediately: The father must stop any communication or transfer of money to these suspicious persons.
• Notify the bank: You must immediately inform the bank of suspicious transactions taking place on your son’s account, and request that the account be temporarily frozen to prevent fraudsters from using it. The bank, in turn, is legally obligated to report any suspicious transactions.
• Notifying the security authorities (financial fraud report): This is the most important step. You must file an official report at the nearest police station or via the “We Are All Security” application. Describe the incident in detail: how communication took place, the amounts transferred, and any other information. This official report proves your good faith and that you have fallen victim to fraud, and protects you from charges of collusion or money laundering.
• Reporting Money Laundering: Financial institutions (banks) are legally obligated to inform the General Directorate of Financial Investigations (SAFIU) when any money laundering operation is suspected, in accordance with Article 15 of the Anti-Money Laundering Law. Your voluntary reporting to the police and the bank greatly supports your legal position.

Bottom line: The father is solely responsible for these actions and must immediately notify the relevant authorities to prove that he is a victim of fraud and not an accomplice, and to protect his son’s name and account from involvement in financial crimes

Father and cybercrimes against minors

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