Searching the accused in the Saudi regime

Searching the accused in the Saudi regime

The Saudi system guarantees the rights of the individual on his land and prevents all forms of infringement on the sanctity of public and private property, so the system of criminal procedures takes into account the sanctity of people and homes, and they may not be searched except in specific cases in accordance with strict controls and procedures.

Searching people and homes is one of the most important legal procedures that contribute to detecting and reducing crimes while preserving the rights of the accused and not abusing power.

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Searching the accused in the Saudi regime

What are the inspection conditions in Saudi law?

A search is a legal procedure carried out by a criminal officer to uncover the circumstances of an ongoing crime. Both police officers and investigators from the Public Prosecution are responsible for the search.

The following conditions are required for inspection:

• The purpose of the search should be to search for evidence related to the crime.
• The existence of an existing crime.
• The inspector must obtain written permission to conduct the inspection.
• Inspection should be in the morning from sunrise to sunset and may continue into the night in cases of necessity.
• The inspector must write an inspection report containing the following information:

1. Inspector’s name, job and signature.
2. Date and time of inspection.
3. Letter of permission issued to conduct the inspection.
4. Names and signatures of persons who attended the inspection.
5. Describe the seized items accurately.
6. List all procedures performed during the inspection.

Does a security officer have the right to search a citizen?

A security officer has no right to search any citizen or resident, nor does he have the right to confiscate his personal belongings or search his mobile phone, except in specific cases stipulated in the Code of Criminal Procedure, which are:

• Having judicial permission or authorization from the Public Prosecution to search the person.
• If the accused is arrested.
• If there is strong evidence that the person is hiding something related to an existing crime.

Does a policeman have the right to search a car?

Does a policeman have the right to search a car?

A car is considered a private property and is considered inviolable. Cars may not be searched under the Saudi system except in cases specified by the system or if they are used to carry out a crime, such as smuggling contraband or in robberies. The system has authorized security patrols to stop and search suspected vehicles at checkpoints for security reasons.

What are the conditions for a woman’s personal inspection?

The Saudi system is keen to preserve women’s privacy during inspection procedures, as the Criminal Procedure Code imposes personal inspection conditions for women, which are:

• The inspection is carried out by a woman appointed by the inspector.
• Searching women is out of sight of men.
• Register the inspector’s name in the inspection report.

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What are the conditions for house searches in the Saudi Criminal Procedure Code and its applications?

The sanctity of homes may not be violated or searched by security personnel or inspectors except by judicial order or written permission from the Public Prosecution or in cases specified by the system.

Home inspection procedures are carried out according to certain controls, which are:

• The purpose of a home search should be to search for evidence related to the crime.
• If evidence is found indicating that another crime has occurred, it is seized.
• The search shall only be conducted in the presence of the homeowner, the neighborhood mayor, or two witnesses if this is not possible.
• If sealed or closed papers are found, they may not be opened and are recorded in the inspection report.
• The presence of women inside the home must be taken into account during the inspection, as the system requires the presence of a woman on the inspection team.
• Inspectors must stop searching if evidence and items related to the crime are found.

What are your rights when searching?

Your rights upon inspection are guaranteed under the system in Saudi Arabia that prevents arbitrary use of inspection authority. Therefore, you must know your rights before the inspector begins the inspection procedures, which are:

• The right to know the reason for the search.
• Review the search warrant issued by the competent authorities.
• Do not compromise your body’s privacy when conducting a body search.
• Appointing a woman to search the accused woman.
• Keep his personal belongings safe from tampering.

Searching the accused in the Saudi regime

Criminal lawyer from Lawyer Abdul Majeed Al Rashid Legal Consulting Office

Criminal procedures require the appointment of a skilled criminal lawyer who will handle the case from the moment the accused is arrested, through arrest and search procedures, and finally conviction by the competent criminal court.

A criminal lawyer specializes in studying and analyzing cases, writing legal memoranda and defenses, representing the accused upon arrest and interrogation, attending court hearings on behalf of the client, and other legal services.