The criminal process in Saudi Arabia, stage by stage
The criminal process in Saudi Arabia is the series of stages a criminal case goes through, from a complaint or an arrest to a final judgment. Usually the police gather information, the Public Prosecution investigates and decides whether to charge, and a criminal court decides the case. A licensed Saudi lawyer can usually help at each stage.
Published by RAED ALI ALJOHANI COMPANY FOR Lawyership and Legal Consultations · Last updated
General information about Saudi law — not advice on your situation.
At a glance
- Who this is for
- Foreigners in Saudi Arabia facing a complaint, an investigation or a criminal case, and families abroad supporting someone who has been detained.
- What this guide covers
- The usual stages of a criminal case, who does what at each one, and where a lawyer, the family and the embassy fit.
- Related service
- Facing a case, an arrest or a travel ban in Saudi Arabia
Tell us briefly what has happened and where the person is now, if you know. Please don’t send ID copies or documents yet.
If someone you know has been detained now, start with what the family can do or urgent help.
What are the stages of a criminal case in Saudi Arabia?
A criminal case in Saudi Arabia usually follows the same order. It starts with a complaint, a report or an arrest. The Public Prosecution then investigates and decides whether to charge. A criminal court hears any charge, and its judgment can usually be appealed.
Not every case goes through every stage. A case can end early, for example if the Public Prosecution decides not to charge the person. The rules for each stage are in the Law of Criminal Procedure, a Saudi law published in Arabic. The Ministry of Justice’s legal portal is linked under Official sources.
The table below shows who handles each stage, what usually happens and where a lawyer can help.
| Stage | Who handles it | What usually happens | Where a lawyer helps |
|---|---|---|---|
| 1. Complaint, report or arrest | The police, or another authority | Information is gathered. The person may be questioned, and may be held. | Advice before any formal statement is given. |
| 2. Investigation | The Public Prosecution | The person and any witnesses are questioned, and evidence is gathered. A decision is made on whether the person stays held or is released. | Attending the questioning and asking for release. |
| 3. Decision to charge or not | The Public Prosecution | The case is closed, or a charge is brought before a criminal court. | Explaining the decision and the next step. |
| 4. Trial | A criminal court | The court hears the charge, the evidence and the defence, then issues a judgment. | Preparing the defence and representing the person at the hearings. |
| 5. Appeal | A court of appeal and, in some cases, a further review after that | A higher court reviews the judgment. | Deciding whether to appeal, and preparing the appeal. |
| 6. After the final judgment | The authorities | The judgment is carried out. For a foreigner, it can also affect residency. It sometimes leads to deportation, when the authorities send a foreigner out of the country. | Explaining what happens next, including travel and any later return. |
What happens after a complaint or an arrest in Saudi Arabia?
Usually the police, or another authority, gather information first. They may question the person, take a written statement and, in some cases, hold them. The case then goes to the Public Prosecution, which takes over the investigation.
A case can start in more than one way. The police may arrest someone at the time of an incident. Or another person, such as a former employer or a business partner, may file a complaint. Some disputes about money or business become criminal complaints in Saudi Arabia. This can happen even where your home country would treat them as private disputes between two sides.
If you are the person being questioned or held:
- Speak to a lawyer before you give a formal statement to the police or investigators.
- Ask for an interpreter if you need one. A statement is usually written down in Arabic, and you are asked to sign it. Do not sign a statement until you understand what it says.
- Ask for your embassy or consulate to be told. A foreign national can usually ask the authorities to do this.
If you are family or a friend:
- Do not assume that the family or the embassy has been told. Contact the person’s embassy or consulate yourself.
- Contact a licensed Saudi lawyer who can find out where the case is and what happens next.
If you learn of a complaint after you have left Saudi Arabia, see what you can do about a case filed after you left.
What does the Public Prosecution do in Saudi Arabia?
The Public Prosecution is the authority that investigates crimes and decides whether to take a case to court. It questions the accused person and any witnesses, and gathers evidence. During the investigation, it usually decides whether the person stays held or is released.
The Public Prosecution is separate from the police and from the courts. At the end of its investigation, it either closes the case or charges the person. A charge means the case goes to a criminal court. In court, the Public Prosecution presents the case against the accused person on behalf of the state.
A lawyer can usually attend the questioning with the person. The lawyer can also speak with the Public Prosecution about the case before any decision to charge. If the person is held, the lawyer can ask for their release. Ask the lawyer to tell you which of these steps has happened, and what it means.
Can someone be released while a criminal case continues in Saudi Arabia?
In some cases, yes. The Public Prosecution or the court decides, sometimes against a guarantee, such as bail. A lawyer can ask for release and explain what is needed.
Bail is a promise that the person will come back whenever they are called. Whether release is possible, and on what terms, varies from case to case. A lawyer can tell you what applies.
Release does not end the case. The investigation or the trial goes on, and the person must still come when called. An open case is also often linked to a travel ban, an order that stops a person from leaving Saudi Arabia. So being released does not by itself mean the person can travel. Check for a travel ban before anyone books a flight.
What happens at a criminal trial in Saudi Arabia?
At a criminal trial, the Public Prosecution presents the charge and its evidence. The accused person, usually through a lawyer, answers the charge and presents a defence. The court then issues a judgment.
Court work in Saudi Arabia is done in Arabic. A person who does not speak Arabic usually needs an interpreter, a person who translates spoken words at the hearing. Documents in another language usually need a certified translation. This means a translation made by an approved translation office.
The defence is usually set out in writing as well as at the hearings. A lawyer prepares it, speaks for the accused person in court and explains each hearing to them. If the victim also has a claim of their own, the court may decide that claim too. The section on the private right and the public right explains this.
Can a criminal judgment be appealed in Saudi Arabia?
Yes, usually. A court of appeal can be asked to review a criminal judgment. In some cases, a further review is possible after that. Appeals have deadlines set by law, so talk to a lawyer as soon as the judgment is issued.
An appeal explains why the judgment should be changed. The lawyer first reads the judgment and explains it to the person and, if they agree, to the family. The lawyer then advises whether an appeal makes sense, and prepares it. If you can, involve a lawyer before the judgment is issued.
Can a complainant drop a criminal case in Saudi Arabia?
Not always. A crime can involve two claims: the victim’s own claim, called the private right, and the state’s case, called the public right. Settling with the complainant can end the private part, but in some cases the public case continues.
The private right covers what the victim can claim personally, such as payment for harm or loss. The public right is the state’s case against the accused person, which the Public Prosecution brings. A complainant can usually give up their own claim, or settle it. But that does not always close the state’s case.
So before anyone agrees to pay, signs a settlement or withdraws a complaint, ask a lawyer what the agreement covers. Ask, too, what it leaves open. This applies whether you are the person accused or the person who complained.
What do the embassy, the family and the lawyer each do in a Saudi criminal case?
The embassy or consulate can usually keep in contact with a detained citizen and share a list of local lawyers. It does not represent anyone in a Saudi court. The family supports the person and hires a licensed Saudi lawyer, who represents them in the case.
What each embassy offers depends on the country. Our table of who does what sets out the three roles side by side. If the person cannot afford a lawyer, ask about judicial aid. This is a list of lawyers who volunteer to help people who cannot pay, kept by the Saudi Bar Association.
A fuller guide to what each one can and cannot do for you.
Your embassy and your lawyer: who does whatComing soon
How can a family abroad help in a Saudi criminal case, step by step?
Family abroad can usually do all of these steps from home, without travelling to Saudi Arabia. They are the usual steps, though not always in this order.
Contact the person’s embassy or consulate. Tell them who has been held and where, if you know. The embassy can usually check on the person and share a list of local lawyers.
Contact a licensed Saudi lawyer. You can check a Saudi lawyer’s licence from anywhere before you decide. Where a lawyer helps: finding out which stage the case has reached, and what can be done at that stage.
Give the lawyer the written authority they ask for. The lawyer explains what is needed and from whom. This is often a power of attorney, a document that lets someone, such as a lawyer, act for another person. If it is signed abroad, see power of attorney for Saudi Arabia, signed abroad.
Share what you know, not documents. A few lines are enough at first: who the person is, where they are held if you know, and when it happened. Mention any notice or message received. Keep ID copies and other documents until the lawyer asks for them.
Keep details off social media, and follow the case through the lawyer. Do not post about the person or the case online. Agree with the lawyer who in the family receives updates, and what can be shared.
Where you’ll meet this in practice
These pages apply the stages above to particular situations.
What the family can do now, from home or in Saudi Arabia.
If someone you know is detained in Saudi ArabiaWhere to look, and how a lawyer can check for you.
How to check for a travel ban or an open case in Saudi ArabiaWhy a ban usually ends once its cause is dealt with.
How travel bans end in Saudi ArabiaWhat you can do if a complaint or case starts after you leave.
A case filed against you after you left Saudi Arabia
Frequently asked questions
How long can someone be held during a criminal case in Saudi Arabia?
There is no single answer, because it depends on the stage of the case. The rules set different limits for each stage, and the Public Prosecution can extend detention, order release or allow bail. What applies depends on the case. So ask a licensed lawyer to check the stage the case has reached and to raise the person’s position with the prosecutor.
Can I leave Saudi Arabia while a criminal case is open?
Often not. While an investigation is open, a travel ban is often put in place until it is finished. A travel ban stops a person from leaving the country. So check first whether anything is open against you, and speak to a licensed lawyer before you plan to travel. See how to check for a travel ban or an open case.
Can a business dispute become a criminal case in Saudi Arabia?
Sometimes. Saudi criminal courts hear financial offences such as fraud, forgery and criminal breach of trust, so a money dispute can turn into a criminal complaint. Investigations are conducted in Arabic. Take any complaint or notice seriously, and speak to a licensed lawyer before you give a statement.
Does a lawyer need a power of attorney to act in a Saudi criminal case?
Usually, yes. For court cases and steps with government offices, a lawyer usually acts under a power of attorney, a signed document that lets the lawyer act for you in Saudi Arabia. Its wording sets out exactly what the lawyer may do. Once we agree on the work, we draft the text and explain each power in it. See power of attorney for Saudi Arabia, signed abroad.
Official sources
This page draws on 4 official sources. Each line shows who publishes it, its language and, where recorded, the date we last checked it.
- Public Prosecution · Public Prosecution Pending verification
- Ministry of Justice · Ministry of Justice legal portal, which publishes Saudi laws (in Arabic) · checked
- Ministry of Justice · Ministry of Justice (MOJ) (in Arabic) · checked
- UK Foreign, Commonwealth & Development Office (the UK government's guidance for British nationals; your own government may publish similar guidance) · Information pack for British prisoners in Saudi Arabia (in English) · checked
General information about Saudi law, not advice on your situation. Contacting us does not create a lawyer–client relationship until an engagement letter is signed.