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3-Law of Criminal Procedure (1)

3-Law of Criminal Procedure (1)

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Published by Ezzedin Tago

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Published by: Ezzedin Tago on Apr 23, 2010
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LAW OFLAW OFCRIMINAL PROCEDURECRIMINAL PROCEDURE
Royal Decree No. (M/39(28
Rajab
1422 - 16 October 2001Published in
Umm al-Qura
Gazette No. (3867(17
sha’ban
1422 - 3 November 2001
PART ONEG
ENERAL
P
ROVISIONS
Article 1
:Courts shall apply Shari’ah principles, as derived from the Qur’anand
Sunnah
(Traditions of Prophet Muhammad peace be uponhim)
 
to cases brought before them. They shall also apply state
 
promulgated laws that do not contradict the provisions of theQur’an and
Sunnah
, and shall comply with the procedure set forthin this Law. The provisions of this Law shall apply to criminal cases that havenot been decided and to proceedings that have not beencompleted prior to the implementation thereof.
Article 2
:No person shall be arrested, searched, detained, or imprisonedexcept in cases specified by the law. Detention or imprisonmentshall be carried out only in the places designated for suchpurposes and shall be for the period prescribed by the competentauthority.A person under arrest shall not be subjected to any bodily ormoral harm. Similarly, he shall not be subjected to any torture ordegrading treatment.
Article 3
:No penal punishment shall be imposed on any person except inconnection with a forbidden and punishable act, whether underShari’ah principles or under statutory laws, and after the personhas been convicted pursuant to a final judgment rendered after atrial conducted in accordance with Shari’ah principles.
Article 4
:Any accused person shall have the right to seek the assistance of a lawyer or a representative to defend him during theinvestigation and trial stages.
Article 5
:If a case is formally filed with a court, such case shall not betransferred to another court except after the trial court hasrendered a judgment thereon, or has decided that it has no jurisdiction, and the transfer of the case to the competentauthority.
Article 6
:Courts shall try the accused for the offenses of which they arecharged in accordance with the Shari’ah principles and theprocedures herein provided for. The court may consider facts notraised by the Prosecutor, if no investigation is necessary.
Article 7
:
 
 Trial hearings, including the hearing set for the pronouncement of sentence, shall be attended by the required number of judges,failing which substitute judge(s) shall be assigned to completethe quorum.
Article 8
:Deliberations among members of the court shall be conducted inclosed session, and each member shall express his opinion beforethe decision rendered. Decisions shall be rendered eitherunanimously or by majority vote. A dissenting judge shall declarehis dissent and explain the reasons thereof, and the majorityshall explain their opinion in the response to the dissent, whichshall be entered into the record. Participation in the deliberationsshall be restricted only to those judges who have attended theproceedings.
Article 9
:Sentences shall be appealable by either the convicted person orthe Prosecutor.
Article 10
:Criminal panels of the Appellate Court shall consist of five judgesto review sentences of death, stoning, amputation or
qisas
(retaliatory punishment) in cases other than death. For othercases, they shall consist of three judges.
Article 11
:Sentences of death, stoning, amputation, or
qisas
in cases otherthan death that have been affirmed by the Appellate Court shallnot be final unless affirmed by the Permanent Panel of theSupreme Judicial Council.
Article 12
:If the Supreme Judicial Council does not affirm the relevantsentence in implementation of Article 11 hereof, the saidsentence shall be reversed and the case shall be remanded forreconsideration by other judges.
Article 13:

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