The Anti-Forgery Law in the Kingdom of Saudi Arabia is a set of penal rules that address the crime of forgery. The law details the definition of forgery, the types of this crime, as well as clarifying the forms that fall under the application of the provisions of the Anti-Forgery Law, along with the specific penalties for each form of forgery.
History of Anti-Forgery Law in Saudi Arabia
The first law that addressed the issue of forgery and its related criminal penalties was the Anti-Forgery Law, which was issued in 1960. This law was later replaced by the Anti-Forgery Law issued on December 21, 2013, which effectively repealed the previous Anti-Forgery Law.
Forms of forgery in the Anti-Forgery Law in Saudi Arabia
The Anti-Forgery Law in the Kingdom outlines various methods of forgery, which include: affixing a seal, signature, fingerprint, mark, or stamp to a document that is either counterfeit, altered, or has no original, and creating a document, stamp, seal, or mark that is either counterfeit, altered, or has no original. It also includes changing or altering a document, stamp, seal, or mark through addition, deletion, substitution, or partial destruction that changes its content. Moreover, forgery can involve using a legitimate signature or fingerprint obtained through deception, including false incidents in documents to make them appear legitimate, omitting incidents that the forger is aware should be included, altering a personal photo in a document, or substituting it with another person’s photo, misusing a blank signature or fingerprint entrusted to the forger, and altering the acknowledgment of relevant parties intended to be included in the document.
Characteristics of the Anti-Forgery Law in Saudi Arabia
The Anti-Forgery Law is characterized by its detailed provisions, which aim to clarify the essential elements of the crime of forgery. The law exhaustively lists the forms of forgery, specifying the situations under which individuals are prosecuted according to the penalties outlined in its articles.
The law seeks to reduce the crime of forgery and eliminate its sources by imposing strict and deterrent penalties that ensure the crime is not repeated and instill fear of committing it. The Anti-Forgery Law divides the forgery of official documents into four categories based on the importance of the documents: aggravated cases, ordinary cases, mitigated cases, and supplementary cases. Aggravated cases include the forgery of important official documents, such as those attributed to the King, Crown Prince, or Prime Minister.
The Anti-Forgery Law encourages cooperation in reporting forgery crimes by the offenders themselves and rewards informants with exemption from punishment either by reporting the crime or by guiding the court to other accomplices involved in the crime.
Penalties for forging the seal of the King or the State
The Anti-Forgery Law applies to individuals who commit forgery crimes inside or outside the Kingdom in specific cases listed by the law, including the forgery of the seal of the King, the Crown Prince, the State, the Prime Minister, the Royal Court, or the Crown Prince's Court. This crime is considered a crime against sovereignty, and penalties are applied even if the offense is committed outside the Kingdom's territory. The forger is punished with imprisonment for a period ranging from three to ten years and a fine not exceeding SAR1,000,000.
Penalties in the Anti-Forgery Law in Saudi Arabia
The provisions of the Anti-Forgery Law in the Kingdom detail the penalties for forgers in its various forms. Forgers are subject to imprisonment ranging from one to seven years and a fine not exceeding SAR700,000 for forging a seal or mark attributed to a public entity or one of its employees in their official capacity, or for forging a seal or mark that holds legal authority in the Kingdom, belonging to a person of international public law or one of their employees in an official capacity. As for anyone who forges the seal of a non-public entity, they are punished with imprisonment for a period not exceeding three years, and a fine not exceeding SAR300,000, or by either of these two penalties.
Anyone who forges a non-official document is punished with imprisonment for a period not exceeding three years and a fine not exceeding SAR300,000, or by either of these two penalties. Anyone who forges bonds or valuable papers issued by the public treasury is punished with imprisonment for a period ranging from two to seven years and a fine not exceeding SAR1,000,000. Additionally, they are required to compensate for any financial loss caused to the public treasury.
Anyone who forges a stamp is punished with imprisonment for a period not exceeding five years and a fine not exceeding SAR500,000. Additionally, they are required to compensate for any financial loss caused to the public treasury. Anyone who reuses a stamp whose value has already been collected is punished with imprisonment for a period not exceeding three months and a fine not exceeding SAR30,000, or by either of these two penalties. Additionally, they are required to compensate for any financial loss caused to the public treasury. Anyone who forges a document attributed to a public entity or one of its employees in their official capacity, or to a person of international public law or one of their employees in an official capacity, if the document has legal authority in the Kingdom, is punished with imprisonment for a period ranging from one to five years and a fine not exceeding SAR500,000.
The law stipulates that anyone who forges or issues (within their authority) a false medical report or certificate, with knowledge of its falsity, is punished with imprisonment for a period not exceeding one year and a fine not exceeding SAR100,000, or by either of these two penalties. Likewise, any specialist who forges exam answer sheets or alters the records of test results is punished with imprisonment for a period not exceeding six months and a fine not exceeding SAR60,000, or by either of these two penalties. Anyone who forges a document prepared to record an employee's attendance or departure from work is punished with imprisonment for a period not exceeding three months and a fine not exceeding SAR30,000, or by either of these two penalties.
Any public employee who forges a document that falls within their official duties is punished with imprisonment for a period ranging from one to seven years and a fine not exceeding SAR700,000. Anyone who forges commercial or financial papers, banking documents, or insurance policies is punished with imprisonment for a period ranging from one to five years and a fine not exceeding SAR400,000.
Attempting any of the crimes mentioned in this law is punishable by a penalty not exceeding half of the maximum penalty prescribed for the respective crime. Anyone who participates through agreement, incitement, or assistance in committing any of the crimes specified in this law is punished with the same penalty prescribed for that crime. The competent court, upon conviction for any of the crimes specified in this law, must order the confiscation of all items seized that were used in the crime, as well as all proceeds generated from it, without prejudice to the rights of bona fide third parties.
Anyone who knowingly uses an expired judicial ruling, order, or power of attorney issued by a competent authority, intending to give the false impression that it still holds legal authority, and if this use results in establishing or forfeiting a right or causing harm to others, is punished with imprisonment for a period not exceeding one year and a fine not exceeding SAR100,000, or by either of these two penalties. Anyone who forges a historical document is punished with imprisonment for a period not exceeding eight months and a fine not exceeding SAR80,000, or by either of these two penalties.
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