Incitement to commit a crime in the Saudi regime
A person may not be directly involved in carrying out the crime, but his words or actions may be the first spark that occurs.
Incitement to commit a crime is one of the acts to which the Saudi regimes have paid special attention, because of its significant impact on threatening security and public order.
The question arises here: When is incitement considered a crime punishable by the regime? Will the instigator be held accountable with the same punishment as the original perpetrator?
Is incitement considered a crime?
Incitement is defined as urging the perpetrator to commit a prohibited act punishable by law.
The instigator is considered an accomplice in the crime, as he is the one who encouraged the perpetrator to commit the crime and facilitated the process of carrying it out.
The crime of incitement consists of three main pillars:
- The instigator of the crime.
- The perpetrator who committed the crime himself.
- Prohibited act or abstention from an act required by the system, such as negligence, refusing police orders, etc.
What are the conditions for incitement?
- Criminal intent must be present at the instigator.
- There is a causal relationship between incitement and the crime, such as inciting him to rob a specific house.
- The crime occurred as a result of this incitement.
Incitement to commit a crime in the Saudi regime
What are the types of incitement in criminal law?
What are the types of incitement in criminal law?
The types of incitement punishable by the Saudi regime are as follows:
- Instruction: proposing the idea of the crime to the perpetrator, discussing it with him, and urging him to commit it.
- Excitement: encouragement to commit a crime.
- Agreement: This is done by developing a plan to carry out the crime and how it will be committed.
- Warming: providing moral support to the perpetrator and improving the image of the crime in his mind.
In criminal cases, details make the difference, and any ill-considered action could change the course of the entire case.
What is the difference between incitement and freedom of expression?
Incitement is considered a crime punishable by law because it encourages the commission of a contrary act punishable under the Saudi system.
Freedom of expression is the right to express opinions and demand rights within the limits set by the regime, provided that it does not violate Saudi Arabia’s laws and regulations.
How do I prove incitement?
The crime of incitement can be proven by all means of proof approved in Saudi courts, such as written messages, audio or video recordings, witness testimony, interrogation, etc.
What is the penalty for inciting someone in the Saudi regime?
The penalty for incitement to violence or for committing a criminal act varies depending on the type of crime, its severity, and the applicable penal system.
Incitement to commit forgery crimes
Incitement to commit forgery crimes
Article 21 of the Penal Code for Forgery Crimes stipulates that incitement to commit a crime shall be punished with the same penalty prescribed for that crime, which is:
- Imprisonment not exceeding 10 years.
- A fine not exceeding one million Saudi riyals.
Incitement to bribery
The Anti-Bribery System considers the instigator an accomplice in committing the crime in accordance with Article 10 of the System and punishes him with the following penalties:
- Imprisonment for a period not exceeding 10 years.
- A fine not exceeding one million Saudi riyals.
- Or one of these two penalties.
Incitement to harm witnesses and whistleblowers
Article 28 of the system stipulates that anyone who incites another to harm or assault those covered by protection in the system for the protection of whistleblowers, witnesses, and victims shall be punished no more than the maximum penalty prescribed for this crime, which is:
- Imprisonment for a period not exceeding 3 years.
- A fine not exceeding 500,000 Saudi riyals.
- Or both penalties together.
Incitement to murder in Saudi Arabia
Murders are subject to the provisions of Islamic Sharia, depending on the type of intentional or unintentional killing and the circumstances of the crime.
The punishment for the instigator shall be discretionary depending on the circumstances of the crime, and the judge in the criminal court may impose the appropriate punishment for each case.
Through the office of lawyer Abdul Majeed Al Rashid, you receive comprehensive criminal legal support, from the initial consultation until the issuance of the ruling, with close follow-up of every stage of the case.
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