Juveniles Law in Saudi Arabia

The Juveniles Law in the Kingdom of Saudi Arabia is a set of rules and criminal procedures regulating juvenile crimes for individuals who have reached the age of seven and are under eighteen years old, whether male or female. It consists of twenty-four articles. The executive regulations of the law were issued in 2020, with the continued application of the Criminal Procedures Law issued in 2013 to juveniles, in cases where its provisions do not conflict with the Juveniles Law.

The Juveniles Law was issued on August 1, 2018, by a Royal Decree, and the executive regulations of the Juveniles Law were issued on December 1, 2020.

Article One of the Juveniles Law in the Kingdom states that a juvenile is any male or female who has reached the age of seven but has not yet turned eighteen. A person who has not reached the age of seven at the time of committing the punishable act is not held criminally responsible. The age is calculated based on the Hijri calendar, as recorded in any official document. The court with jurisdiction over juvenile cases, when reviewing the case, may refer the juvenile to the relevant medical authority to determine their age.

According to Article Four of the Juveniles Law in the Kingdom, the procedures for handling reports involving juveniles must take place in an appropriate setting. Witness statements from juveniles should be heard, and any subsequent procedures that require the presence of the juvenile for the first time must occur (in the presence of their legal guardian or a person acting on their behalf). The executive regulations of the law specify the necessary measures to ensure that the juvenile will not be required to attend any future proceedings unless deemed necessary by the investigator or judge.

When a juvenile is arrested in cases of flagrante delicto (caught in the act), their legal guardian or a person acting on their behalf must be immediately notified. In cases other than flagrante delicto, consideration must be given to the juvenile's situation, and the arrest should take place in the presence of their legal guardian, a person acting on their behalf, a representative from the care home, or in a manner that prevents isolation or being left alone with the juvenile. The juvenile and their guardian or representative must be informed of the charges against them, and the regulations specify the procedures for arrest.

According to Article Six of the Juveniles Law in the Kingdom, in all cases, notifying the juvenile is not considered valid unless their legal guardian or a person acting on their behalf is also notified. Additionally, the juvenile cannot be detained for investigation purposes unless the Public Prosecution deems it necessary for the interest of the case. In all circumstances, the juvenile can only be detained in the care home, and the detention order must be justified.

Article Eight of the Juveniles Law in the Kingdom states that if there is no care home—an entity under the Ministry of Human Resources and Social Development with designated areas for housing juveniles—in the province or district where the juvenile resides and is to be placed or detained, they must immediately be transferred to the nearest care home to their residence. A male juvenile is transferred with his legal guardian or a person acting on his behalf, and if that is not possible, he is transferred with a representative from the ministry if feasible, or in a manner that prevents him from being left alone. If the juvenile is female, she is transferred with her legal guardian or a person acting on her behalf, and if that is not possible, she is transferred with a male guardian or one or more female wardens if feasible, or in a manner that prevents isolation.

The detention of a juvenile ends after five days, unless the investigator deems it necessary to extend the detention period. In such a case, before the five-day period expires, the investigator must submit the case documents to the head of the Public Prosecution branch or their appointed representative from the relevant departments. The head or representative will issue an order to either release the juvenile or extend the detention for one or more consecutive periods, provided that the total duration does not exceed fifteen days from the date of arrest. In cases requiring a longer detention period, the matter is referred to the Attorney General or their appointed deputies, who may issue an order to extend the detention for one or more consecutive periods, each not exceeding ten days. The total duration of detention must not exceed sixty days from the date of the juvenile’s arrest. After this period, the juvenile must either be referred to the competent court or released. In cases requiring a longer detention period, the court may approve a request for an extension of the detention for one or more consecutive periods as it deems necessary. The court must issue a justified judicial order for such an extension.

The articles of the Juveniles Law in the Kingdom detail the procedures for the hearing of juveniles. The head of the competent authority, or their representative, hears the juvenile's statements in places where there is no care home, in the presence of the juvenile's legal guardian or a person acting on their behalf, or a representative from the ministry, or in a manner that prevents isolation or being left alone with the juvenile. The case documents are then referred to the Public Prosecution, and the juvenile is handed over to their legal guardian or representative after securing a pledge to present the juvenile when requested, unless the Public Prosecution deems otherwise.

The Public Prosecution may only conduct an investigation with a juvenile in the presence of their legal guardian, a person acting on their behalf, a researcher or social worker, or their lawyer. The investigation must take place within the care home. If the interest of the investigation requires otherwise, the investigation may take place in another location suitable for the juvenile's age. The executive regulations specify the necessary procedures and guidelines for such cases.

Upon the juvenile’s placement in the care home, the home prepares a social report on the juvenile’s condition and submits it to the court along with the case file, and whenever the court requests it. In all cases, the care home must continuously submit a social report on the juvenile’s condition to the court, and the executive regulations specify the required timeframes for this. Without prejudice to the right of the parties involved in the case to object, an indictment decision is sufficient for juvenile cases, without the need for a formal lawsuit. However, cases that require the consideration of three judges are excluded from this provision.

Article Fourteen of the Juveniles Law in the Kingdom outlines the procedures for the trial of a juvenile. The juvenile is to be tried in court in the presence of both the juvenile and their legal guardian or a person acting on their behalf. If this is not possible, a representative from the care home must be present. This does not affect the juvenile’s right to legal representation by a lawyer, in accordance with the applicable legal provisions. The court may, upon the request of an interested party, permit the juvenile or their legal guardian, or a person acting on their behalf, to be absent from the trial. In such cases, the presence of their representative will suffice, and the trial will be considered as held in their presence.

Article Fifteen of the Juveniles Law outlines the measures for punishing a juvenile when they commit a punishable act, as follows:

- If the juvenile has not reached the age of fifteen at the time of committing the act or acts punishable by law, only one or more of the following measures can be imposed: reprimanding and warning, handing the juvenile over to the parent(s) or legal guardian they live with, prohibiting the juvenile from entering certain places for a period not exceeding three years, prohibiting the juvenile from practicing a specific job, placing the juvenile under social supervision in their natural environment for a period not exceeding two years, obligating the juvenile to perform specific duties for a period not exceeding three years, or placing the juvenile in a social or therapeutic institution for a period not exceeding one year, provided that the juvenile is at least twelve years old at the time of committing the punishable act.

- If the juvenile has reached the age of fifteen at the time of committing the act or acts punishable by law, the prescribed punishments are applied, except for imprisonment. The juvenile is instead punished by being placed in a care home for a period not exceeding half of the maximum penalty for that offense, without adhering to the minimum penalty for that offense. If the crime is punishable by the death penalty, the juvenile is instead sentenced to placement in a care home for a period not exceeding ten years.

- The court may impose one or more of the measures outlined in Paragraph (One) of this article on a juvenile who has committed a punishable act or acts and is over the age of fifteen, if it deems from the juvenile's character, past behavior, personal circumstances, or the circumstances under which the act or acts were committed, that the juvenile is unlikely to re-offend.

- The court may assign the appropriate executive authorities to oversee the enforcement of the measure or measures imposed on the juvenile. Additionally, the court may, at any time, impose one or more measures, terminate a measure, or replace it with another.

According to Article Twenty of the Juveniles Law in the Kingdom, the court may, by a justified decision, either on its own initiative or at the request of the juvenile, their legal guardian, or an interested party, grant conditional release to a juvenile sentenced to placement in a care home. This is allowed on the condition that the juvenile has served at least one-quarter of the sentence period. If the juvenile violates the conditions set at the time of release before the full sentence has been served, they will be returned to the care home to complete the remaining duration of the sentence.

If the juvenile reaches the age of eighteen before completing the period of placement sentenced to them, they will be transferred to prison to serve the remaining duration of the sentence, unless the court, either on its own initiative or at the request of an interested party, decides otherwise.

If both juveniles and non-juveniles are involved in the crime, the Public Prosecution prepares a separate case file for the non-juveniles, which is referred to the competent court, and a separate case file for the juveniles, which is also referred to the court, unless the court lacks jurisdiction over juvenile cases. In all cases, the procedures and provisions outlined in the law are applied to the juvenile. The judgments issued against the juvenile are recorded in a special register at the care home and do not count as a criminal record. All judgments issued concerning the juvenile are executed within the care home, in the presence of a court representative, unless the court decides otherwise.

The Council of Ministers approved the Executive Regulations of the Juveniles Law on December 1, 2020. The regulations consist of thirteen articles and define the term "juvenile" and the methods for determining the juvenile's age. Additionally, the regulations outline the procedures for detaining and investigating juveniles, both within and outside of care homes.