Public Right in the Kingdom of Saudi Arabia

Public right in the Kingdom of Saudi Arabia refers to the society’s right to seek justice and punish criminals through a set of legal penalties imposed to deter anyone tempted to commit a criminal offense. These penalties are in place to curb the rise of crimes and criminals, which could otherwise pose a threat to safety and security within the Kingdom.

Public Right in Saudi Arabia:

It is defined as the right of the state and the people of Saudi Arabia to seek retribution from a criminal who has committed an offense. This retribution is carried out through a set of laws. Public right is similar to private right in that both aim to ensure justice against the offender. The main purpose of public right is to discipline and punish offenders for violating the rights of society, ensuring security, peace, and stability in the Kingdom.

Public right follows three stages: law enforcement, public prosecution, and the criminal court. When a person is a victim of a criminal act, they report the incident to the nearest police station, which then transfers the case to the Public Prosecution. The prosecution investigates the accusation, and if there is enough evidence, the public right is pursued, and charges are brought against the offender in court, resulting in penalties under the name of public right.

Any criminal case consists of two parts:

• The public criminal case: This deals with violations of public right, such as crimes that threaten the safety of society, like adultery or forgery. These cases are handled by specialized courts.
• The private criminal case: This deals with violations of private right, such as revenge or personal rights violations. These cases are brought by the affected party or their representative, such as a lawyer or heir.

Public Right Crimes in Saudi Arabia:

Public right prisoners are individuals who have been imprisoned after committing offenses that disrupt public safety and security in Saudi Arabia. These individuals are subjected to penalties issued by the specialized court after thorough investigations and sufficient evidence. The penalties serve as a deterrent to others from committing similar offenses that harm the community. Here are some major public right crimes:

• Drug-related offenses.
• Fraud and cybercrimes.
• Issuing bad checks.
• All crimes of parental disobedience.
• All types of murder.
• Theft, assault, and property damage.
• Illegal possession and transportation of firearms.
• Harassment and immoral acts.
• Commercial concealment crimes.
• Embezzlement and money laundering.
• Child abuse and human trafficking.
• Kidnapping, blackmail, and threats.
• Impersonation of an authority figure.
• Witchcraft and sorcery.
• Disseminating confidential information that threatens state security.
• Blasphemy or offenses related to Islamic religion, prophets, or companions.

Importance of Public Right in Saudi Arabia:

The public right case is filed by the state, represented by the public prosecution, aiming to punish the accused for violating society’s rights. If proven guilty, the offender is penalized for their crime against the community. The significance of these penalties includes:

• Ensuring justice and equality for all individuals.
• Protecting society, its members, public facilities, and rights.
• Penalties imposed on offenders maintain public safety and security.

Extinction of Public Right in Saudi Arabia:

Crimes affect two aspects: the personal right of the victim and the public right of society to punish the offender. Public right cannot be waived, unlike private right, which the victim can forfeit. In public right cases, the defendant cannot be sentenced in absentia and must be present.

Here are the situations in which public right can be extinguished:

• A general pardon issued by the King.
• A special pardon issued by the judiciary.
• The death of the offender.
• The passing of the statute of limitations (15 years for criminal offenses).
• Suspension of the court’s decision by a relevant judicial authority.

Prison Sentences in Public Right Cases:

The duration of imprisonment for public right offenders varies based on the crime committed. The judge reviews all aspects of the case, including the motives and circumstances, before determining the appropriate punishment. Therefore, it is impossible to predict the specific penalty for a public right offense.

Different crimes carry different punishments depending on the severity of the offense and the rights violated. The Kingdom has enacted several penal systems to address crimes affecting society, including:

• The Anti-Forgery Law.
• The Weapons and Ammunition Law.
• The Anti-Commercial Concealment Law.
• The Anti-Harassment Law.
• The Impersonation of Authority Law.
• The Anti-Cybercrime Law.
• The Anti-Human Trafficking Law.
• The Anti-Drug Law.
• The Anti-Money Laundering Law.

Conclusion:

Because penalties in public right cases can vary, it is advised to consult a lawyer with experience in mitigating sentences. A competent lawyer will be familiar with the penal codes and procedures, ensuring the best possible outcome for the defendant.