Law of Trial of Ministers in Saudi Arabia

The Law of Trial of Ministers in the Kingdom of Saudi Arabia outlines the penal rules governing violations and crimes committed by members of the Council of Ministers and officials holding the rank of minister in the Kingdom. It specifies the penalties, designates the judicial authority responsible for conducting the trial, administering punishment or granting pardon, and details the procedures for appealing the rulings. The law was issued on June 25, 1960.

The Law of Trial of Ministers in the Kingdom classifies sentences for convicted individuals into various categories, including imprisonment of up to twenty-five years or the death penalty for crimes such as attempting to alter the monarchy, endangering the state's internal security, safety, and unity, undermining the loyalty of the armed forces to the king, and committing high treason.

Crimes of high treason under the Law of Trial of Ministers include bearing arms against the state, facilitating enemy entry into the country, surrendering cities, fortresses, facilities, ports, factories, ships, aircraft, ammunition, supplies, or transport routes to the enemy, aiding a hostile country in actions against the state, encouraging soldiers or civilians to join the enemy, directly or indirectly leaking defense secrets to a foreign country, and assisting the enemy by inciting strife or spreading panic through various means.

The Law of Trial of Ministers also mandates imprisonment of five to ten years for anyone who conspires with a foreign country to instigate aggression against the nation's territory, or who undertakes actions—whether through speech, writing, or other means—with the intent to secede part of the country and annex it to a foreign state, or to grant such a state rights or privileges. It also applies to individuals who provide shelter, food, or clothing to enemy soldiers or spies, help enemy prisoners of war or detainees escape, or steal sensitive documents, objects, or information related to national security for the benefit of a foreign country.

Additionally, the law imposes a sentence of three to ten years of imprisonment for those guilty of crimes such as actions affecting the fluctuation of prices in goods, real estate, currency, or securities for personal gain, either for themselves or others; exploiting influence, even through deceit, to obtain a benefit or advantage for oneself or others from any authority, company, institution, or public entity; accepting a benefit - of any kind - to perform or abstain from an official task; disclosing confidential decisions and discussions of the Council of Ministers related to the state's internal and external security, financial and economic matters, or ministerial trials; interfering in judicial or governmental affairs; and willfully violating laws, regulations, and orders, leading to financial losses for the state or infringing on the legal rights of individuals.

Article Six of the Law of Trial of Ministers states that the conviction of a minister, or someone of equivalent rank, automatically leads to their dismissal from office. It also results in their disqualification from holding public office or serving on the boards of authorities, companies, or institutions, as well as from any position within these entities.

Under Article Seven of the law, a conviction requires the accused to return any gains obtained through their crime. Additionally, the trial body may order compensation for any harm caused to a natural or legal person.

The death penalty is only carried out if the ruling is unanimous. If decided by a majority, the case is referred to the judiciary for further review. Strict adherence to procedures during the investigation and trial is mandatory, and any violation can nullify the ruling.

Article Ten of the Law of Trial of Ministers states that if there is substantial evidence suggesting that a minister or an official of equivalent rank has committed any of the offenses outlined in the law, the Prime Minister must establish an investigative committee. This committee is to include two ministers or officials of similar rank, along with a legal expert holding at least the rank of chief justice. The committee's role is to examine and investigate the case, and it must present its findings to the Prime Minister within thirty days of being assigned.

The Prime Minister is then required to convene the Council of Ministers to review the report within fifteen days of its submission. The review takes place without the accused present, and the Council of Ministers makes a decision on the case. If charges are deemed necessary, a trial body is formed.

Under the provisions of the Law of Trial of Ministers, the Prime Minister is required to notify the accused of the decision to refer them to trial by providing a copy of the decision.

When the Council of Ministers approves the referral of the accused for trial, they may also order the accused to be detained until the tribunal's first session. The tribunal has the authority to extend the detention if necessary.

The Prime Minister must issue a decision to suspend the accused from their duties until the case is resolved, and the accused's salary is suspended from the date of the suspension order. The termination of the minister's service does not prevent the initiation or continuation of legal proceedings against them.

The Law of Trial of Ministers stipulates the formation of a tribunal for trying ministers or individuals of equivalent rank. This tribunal is composed of three ministers selected by the Council of Ministers through a draw, along with two legal members who must hold at least the rank of Chief Justice. None of these individuals can have any relation to the accused, and the most senior minister among them presides over the tribunal.

If the tribunal identifies gaps in the investigation, it can either complete the investigation itself or delegate one of its members to do so. The tribunal's head is responsible for scheduling its first meeting to review the case within thirty days of notifying the accused of their referral to trial. Additionally, the head must instruct the public prosecutor to inform the accused of the trial’s date, location, and the names of the prosecution witnesses, at least eight days before the trial begins.

The tribunal must conduct its sessions in the presence of the accused. If the accused fails to appear, the session is postponed, but not for more than seven days. The public prosecutor is required to notify the accused at their last known address within the Kingdom of the new trial date. If no known residence exists, the accused may be notified through the Ministry of Interior. In such cases, the trial may proceed in absentia. The accused has the right to bring a representative with expertise in regulatory matters to assist in their defense during the trial.

The accused cannot be punished for any incident not included in the referral decision, nor can penalties other than those specified in the Law of Trial of Ministers be imposed.

If a conviction is rendered in absentia, the trial is repeated once the convicted individual appears in court or is arrested. This retrial must occur within thirty days of their appearance or arrest. Should the convicted person flee or refuse to attend the retrial, the initial judgment is treated as final.

The tribunal is authorized to hear all crimes connected to the charges against the accused, including those committed by co-perpetrators and accomplices. The tribunal applies the penalties outlined in the Law of Trial of Ministers, and its decisions are final and enforceable. Objections to the ruling are not permitted unless the convicted person files a petition with the king, or the king grants a pardon or reduces the penalty as specified in the pardon order.

Decisions of the tribunal are made by a majority vote, and meetings are only valid if all members are present. If any member is excused, the Council of Ministers promptly appoints a replacement.