Law of Criminal Procedure

Purpose and scope

• Governs criminal proceedings from detection and investigation to trial, judgment and appeal, and sets the guarantees of the accused and the rights of the victim.
• It applies to all crimes; the Public Prosecution investigates and prosecutes, and the criminal courts try cases.

Key rules, rights and obligations

• No one may be arrested, searched or detained except in cases set by law and by order of the competent authority, and they must be treated with dignity and without physical or psychological harm.
• A person arrested is told the reasons, may contact whomever he wishes to inform, and has the right to an agent or lawyer during investigation and trial.
• Homes are inviolable and may be entered or searched only by a reasoned order of the competent authority in cases set by law.
• The victim and his heirs may claim the private right, which is not lost by a pardon of the public right.
• The accused is presumed innocent until convicted by a final judgment, and no one is punished except for an act made a crime by Sharia or statute.

Violations, penalties and common problems

• Giving statements or signing records without understanding them, or without a lawyer present, can harm one's position later.
• Delaying a complaint, or waiving the private right early before understanding its effects, are common problems.
• A personal or financial bail is a serious commitment, and breaching it makes the guarantor liable.
• Cybercrime, defamation and insults on social media are among the most common everyday criminal cases, and special laws apply to them alongside this law.

Procedures and key deadlines

• Proceedings usually begin with a report to the police or Public Prosecution, then investigation, then referral to the criminal court if the evidence suffices, or closure.
• Appeal against a criminal judgment within thirty days; the court gives the parties a copy within ten days of the judgment, so count from the judgment date to be safe (Articles 193 and 194).
• The convicted person may seek cassation and reconsideration in the cases set by the law.

An advisory summary prepared by Al-Bayan Al-Wadih Law Firm. It is not an official text and does not replace the law, its implementing regulations, or advice from a specialised lawyer. The official published text and its amendments prevail.