Impersonation penalty in Saudi Arabia

Impersonation penalty in Saudi Arabia

Impersonation is a modern and complex crime that has evolved with the advancement of technology and the increasing reliance on digital means in conducting daily transactions. In light of this development, impersonation has become not just a breach of privacy, but a crime that threatens the social and economic security of individuals and communities alike. In the Kingdom of Saudi Arabia, the legislature has not overlooked the seriousness of this crime, enacting strict legislation and laws aimed at protecting individual rights and maintaining public security.

What is the definition of impersonation in Saudi law?

In Saudi law, there is no separate, specific definition of the crime of identity theft as there is in some other laws. However, impersonation can be understood as someone imitating or representing another person’s identity without permission or right, whether by using their name, personal information, or any other details related to them, with the intent to deceive or achieve an illegal benefit.

Saudi law deals with identity theft through several legal texts distributed between the penal system for forgery crimes and the system for combating cybercrimes. This crime is considered a criminal offense that is severely punished by law due to the harm it causes to the individual and society.

What are the characteristics that distinguish impersonation from other crimes? 

The crime of identity theft is characterized by several characteristics that highlight its seriousness and complexity, as follows:

Mental nature: 

Impersonation is a crime that requires a high level of intelligence and planning. Its implementation requires the ability to think complexly and in detail, making it difficult to achieve for people with limited mental abilities. The perpetrator of this crime is often widely aware of the identity he wishes to assume and has the ability to act convincingly in accordance with that identity.

Diversity of methods:

Impersonation is an advanced crime that can be carried out in multiple ways and methods. Implementation methods cannot be limited, as new methods are constantly being developed as technology advances. This diversity of methods sometimes makes it difficult to detect the crime, and gives the perpetrator the freedom to choose the most appropriate method to achieve his goal.

Financial and security objective:

The goal of impersonation is often to achieve financial gain or obtain security privileges. By impersonating, the perpetrator seeks to access financial resources or exploit the victim’s security qualities, such as accessing sensitive information, taking advantage of a certain status, or escaping legal responsibility. 

These characteristics make identity theft a serious crime that requires special attention from relevant authorities to limit and combat its spread.

Difficulty in detection and tracking:

Impersonation is a crime that is difficult to detect and track. The perpetrator relies on concealing his true identity and avoiding leaving any evidence that could be used against him. In many cases, the crime may not be discovered until a long time later, when the victim experiences legal or financial problems as a result of plagiarism. Perpetrators also often exploit vulnerabilities in security and digital systems, further complicating the process of detecting and tracking them.

Psychological and social damage: 

The crime of impersonation not only causes financial and security damage, but can also lead to serious psychological and social harm to the victim. Victims may suffer from anxiety and stress due to fear that their identity will be used for illegal acts or their reputation will be tarnished. This crime can also affect the victim’s social and professional relationships, as he may be exposed to suspicion and ostracism by society or colleagues if his identity is used to commit shameful crimes or acts.

What are the elements of the crime of identity theft in Saudi law? 

Legal element:

The legal element is the basis on which any crime is based. In the Saudi system, the application of the penalty requires an explicit legal text criminalizing impersonation. These texts are derived from various penal systems, such as the Anti-Cybercrime System and the Anti-Counterfeiting System, which clearly criminalize any behavior that involves a false claim to another identity or personality with the aim of harming others or achieving an illegal benefit. 

Material element:

The physical element is the element that distinguishes the crime of impersonation through the actions carried out by the perpetrator. It consists of:

• Criminal conduct: An external act that reflects the commission of a crime, such as using another person’s name or identity.
• Criminal consequence: The effect that results from this behavior, such as defrauding others or harming the reputation of an innocent person.
• Causal relationship: The direct connection between a criminal act and the resulting result, such that it can be proven that the result is an inevitable result of criminal behavior. 

Moral element:

The moral element is the perpetrator’s intention and awareness of the nature of his action. In the crime of impersonation, the law requires criminal intent, meaning that the perpetrator was aware that what he was doing was a crime and that he intentionally did so. This section includes:

• General intent: The perpetrator’s awareness that his act is unlawful.
• Special intent: The offender’s intention to achieve a specific goal, whether to harm another person or for illegal gain. These pillars come together to form the basic structure of the crime of identity theft, which contributes to facilitating the litigation process and applying justice in such cases within the framework of Saudi law.

What is the penalty for impersonating an employee according to the law in the Kingdom of Saudi Arabia? 

In Saudi Arabia, impersonating an employee is a serious crime strictly punishable by law. Penalties imposed on the perpetrator of this crime include the following:

Imprisonment and fine: 

A person impersonating an employee shall be punished by imprisonment for up to 3 years, a fine of up to 2 million Saudi riyals, or both, at the judge’s discretion.

Confiscation of used tools: 

The police confiscate all devices and tools used by the perpetrator in the plagiarism process, such as recording devices or any other equipment used to facilitate the crime.

Confiscation of collected funds: 

If the perpetrator collects money using the name of the person he impersonated, the police confiscate that money as part of the punishment, to ensure that the perpetrator does not benefit from the crime. These penalties aim to deter such crimes and protect individuals and society from the resulting harm.

How to file a third party impersonation complaint in Saudi Arabia? 

The Saudi authorities are making unremitting efforts to combat identity theft crimes by imposing strict penalties and simplifying reporting procedures via electronic platforms. Impersonation is a crime with strict legal penalties, which may include imprisonment and fines, under penalty of legal accountability, in accordance with the regulations and legislation in force in the Kingdom of Saudi Arabia. To file a complaint via the Absher platform, follow these steps:

1. Log in to the Absher electronic platform.
2. Select icon “Public Security Services”.
3. Select the “Cybercrime Report” option and choose the type of report to be submitted.
4. Fill in the report form data and click on the “Submit Report” icon.
5. You will receive a text message on your registered mobile phone containing the report number.

Some frequently asked questions about impersonation in Saudi Arabia:

What is the difference between impersonation and impersonation?

Impersonation: involves a person pretending to have a certain characteristic or feature that belongs to a certain group of people, such as impersonating a public employee, policeman, or officer. The purpose of this act is to take advantage of the privileges or authority associated with this capacity.

Impersonation: This means that a person claims to be someone else, using their name and personal data. In this case, the person pretends to be a completely different person, which may lead to the original victim getting into trouble or committing crimes in her name. Both crimes constitute a violation of the law, but they differ in the method and purpose that the perpetrator seeks to achieve through his act.

How do I file an impersonation case?

You can:

• Go to the police and file a report
• Register a report through the electronic portal of the Ministry of Interior, Absher
• Submit a report to Public Security via the We Are All Security application
• Send the report to email: [email protected]
• Contact Public Security number: 989.

For law and legal consultations…Contact the office of lawyer Abdul Majeed Al Rashid.