Rehabilitation and Compensation in Saudi Arabia

Rehabilitation and compensation in Saudi Arabia are among the most significant legal recourses for individuals who have been wronged in cases of misdemeanors or felonies that breach honor, integrity, and dignity. Such cases often negatively impact the social life of the wronged individual. In such situations, rehabilitation and compensation become the best options if the necessary legal conditions are met to eliminate any effects of the penalty the person faced.

The Saudi legal system strives to implement justice within the Saudi community. Therefore, it grants individuals who have been unjustly sentenced due to malicious or baseless claims the right to file a lawsuit for rehabilitation. However, this is subject to specific conditions, which can be clarified with the help of a specialized lawyer from a law firm.

Rehabilitation and Compensation in Saudi Arabia

Any person who suffers harm due to negligence or the actions of others has the right to request rehabilitation and compensation. This is contingent upon fulfilling the three elements of tort liability:

1. Fault: The wrongful action that violates the law.
2. Damage: The harm caused by the wrongful act.
3. Causal Link: The connection between the fault and the damage; if the fault had not occurred, the damage would not have happened.

Rehabilitation and compensation are fundamental rights for anyone who has been wrongfully convicted, falsely accused, or subjected to defamation, whether financially or morally. Such individuals are entitled to seek rehabilitation and compensation for the harm they endured.

A defendant acquitted of charges can demand moral or material compensation, and the amount of compensation is determined by the law and relevant authorities in Saudi Arabia, particularly the Grievance Board. Financial compensation is awarded to individuals who were unjustly imprisoned for each day they spent in jail.

Types of Rehabilitation in Saudi Arabia

In the Saudi legal system, rehabilitation is defined as the removal of all negative effects that have impacted a person wrongfully convicted. Rehabilitation is granted when the necessary conditions are met, giving the individual the right to reclaim their reputation. There are two types of rehabilitation:

1. Judicial Rehabilitation: This type is granted through a court ruling. When an individual has been convicted of a crime, such as one involving honor, integrity, or dignity, and this crime affects their reputation, they have the right to request rehabilitation through the judiciary. This allows for the removal of all social and criminal repercussions.
2. Legal Rehabilitation: This type is executed through legal provisions, without waiting for a court ruling. It occurs after a specific period has passed—ten years for serious crimes or four years for minor offenses—since the completion of the sentence or the granting of a pardon. A key condition for legal rehabilitation is that no new offenses have been recorded against the individual during this period.

Conditions for Rehabilitation in Saudi Arabia

Many individuals who have suffered harm due to false accusations or lawsuits, which damaged their reputation, have the right to request rehabilitation and compensation to erase all effects of the conviction, whether legal, psychological, or judicial.

To file a rehabilitation claim, there must be a criminal conviction related to honor, integrity, or dignity. The required time period must have passed since the individual completed their sentence, and they must have proven themselves to be an upstanding citizen. After this, they can apply for rehabilitation to a committee specialized in processing such requests.

The conditions for judicial rehabilitation include:

1. The individual must have completed their sentence or received a pardon.
2. A specified period must have passed before they are eligible to request rehabilitation.
3. The court must assess the individual’s good conduct during this period.
4. There must be no new convictions against the individual during this time.

The conditions for legal rehabilitation include:

1. Completion of the required legal period.
2. No new judgments must have been issued against the individual during this time.
3. The individual’s good behavior must be attested to once again.

Rehabilitation and Compensation After Acquittal

If an individual has been wrongfully accused in any case and has been acquitted, the emotional distress they endured can be significant. The law gives them the right to initiate rehabilitation and compensation proceedings after their acquittal. This helps to prove that they were wronged by the accusation and grants them the right to seek rehabilitation and compensation from the party responsible for the harm.

The steps to file for rehabilitation after acquittal are as follows:

1. Submit a Request: A formal request must be submitted detailing the injustice faced and the desire for rehabilitation. This request is presented to the administrative judge in the Administrative Court, which is responsible for reviewing grievances and rehabilitation cases.
2. Attach Documentation: The request must be accompanied by all relevant documents, including the ruling and the court that handled the case, as well as the final judgment. Supporting evidence to strengthen the claim should also be included.
3. State the Reason: The primary reason for the grievance must be clearly stated. It is essential that the individual genuinely believes in the outcome of the case and specifies whether they are seeking to clear their criminal record or obtain compensation from the person who filed the false claim.
4. Obtain Compensation: The final step is receiving appropriate compensation. The individual must be familiar with all the legal procedures related to the type of rehabilitation they are seeking, whether judicial or legal, in order to successfully achieve rehabilitation and compensation if necessary.