Is extortion a crime that requires arrest? 

Is extortion a crime that requires arrest? 

The answer to this question depends on the legal classification of the incident, as a simple crime is not considered a major crime requiring arrest, but it may be so if it is coupled with other circumstances or crimes. 

Systemic basis

Identifying major crimes: 

Based on Article 112 of the Code of Criminal Procedure, the Public Prosecutor is the one who determines what constitutes a major crime requiring arrest. Accordingly, Public Prosecutor’s Decision No. (1) dated 1/1/1442 AH was issued, which defined these crimes. 

The crime of extortion in the anti-cybercrime system: 

• The second paragraph of Article 3 of the Anti-Cybercrime Law stipulates the crime of electronic blackmail and its penalty: “Any person who commits […] illegal entry to threaten or blackmail a person to force him to do or refrain from doing an act, even if doing or refraining from doing such an act is legitimate, shall be punished with imprisonment for a period not exceeding one year and a fine not exceeding five hundred thousand riyals, or with one of these two penalties.” 

Is extortion a crime that requires arrest? 

Legal analysis

• Case that does not require arrest: The crime of extortion in its form mentioned above (Article 3/2) has a maximum penalty of one year imprisonment. According to the Public Prosecutor’s decision, one of the general rules for determining major crimes is that the crime must be punishable by imprisonment for a period exceeding three years. Accordingly, extortion itself is not considered a major crime requiring arrest based on the length of the sentence. 
• Cases that may require arrest: If the extortion is coupled with or linked to another crime considered a major crime, the entire incident becomes warranted arrest. For example: 
• If the blackmail content includes the production, transmission, or storage of anything that could harm public order, religious values, public morals, or the sanctity of private life, the act is subject to Article 6 of the Anti-Cybercrime Law, which carries a penalty of up to five years in prison. In this case, the crime is considered a major crime requiring arrest. 
• Also, if the extortion is linked to any of the other crimes stipulated in the Public Prosecutor’s decision, such as terrorism and its financing crimes, money laundering crimes, and others. 

Summary: 

Blackmail, in its simple form, is not considered a major crime that requires arrest. However, if it is part of a larger crime or is linked to another criminal act that meets the description of a “major crime” (such as a penalty exceeding three years in prison or being explicitly stipulated in the Public Prosecutor’s decision), it requires arrest. 

For law and legal consultations, contact the office of lawyer Abdul Majeed Al Rashid.