Executive Detention Related to Financial Rights for Criminal Matters in the Saudi Law

Dr. Moustafa Mohammad Bitar
Associate Professor of Criminal Law
Faculty of Law, King Abdulaziz University, Jeddah, KSA
Dr. Hesham Muwafak Awad
Assistant Professor of Procedures Civil Law
Faculty of Law, King Abdulaziz University, Jeddah, KSA


The study examines executive detention within the framework of financial rights in criminal cases in the Saudi legal system, by defining executive detention, its legality, its statutory nature, the conditions of its execution, the framework of objective and personal imprisonment, and the rules that are taken into account in its application. The enforcement system does not attribute financial rights to executive detention in criminal cases with special provisions. This study aims to collect these provisions from the rules established in the executive system, from the commandments of Islamic jurisprudence as the source of all regulations, as well as from the jurisprudence opinions, decrees of the judiciary and comparative legislation in order to achieve the best solution to the problems raised by the study and to present it in a unified framework, which will help the judiciary to achieve the desired justice. The study concluded that the Saudi regulator guaranteed the victim’s right to compensation, restitution, and blood money by expanding the scope of imprisonment to include all private financial rights arising from a crime. It also widened the circle of people to be imprisoned to include the perpetrators of the crime, their assistants, as well as the legal representative of the legal person. The legislator neglected to set rules for the imprisonment of minors and those responsible for money, leaving this to the provisions of Islamic jurisprudence. In addition, there are mechanisms for implementing executive detention on which the regulator has not commented, in particular when it is added to the sentence of criminal imprisonment or the verdict to stop the execution of the sentence or stop the judgment in force. The study recommended adding paragraphs to the articles of the enforcement system stating that a minor debtor cannot be imprisoned. And rules to impose the imprisonment of the person in charge of the money, and to benefit from the comparative legislation by setting rules relating to the implementation of executive detention after the convicted person has served all the periods of sentences restricting the freedom imposed, and the inadmissibility of imprisonment during the trial period of suspension of execution and termination of the judgment in force.

Keywords: Executive detention, special financial rights, execution on debtor with blood money, Saudi execution law.

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