Article 14 of the Saudi Anti-Fraud Law
المادة 14 من نظام مكافحة الغش التجاري · الفصل الثالث: الضبط والتحقيق والمحاكمة
The article presumes that every violator knew the product was adulterated, and provides that the buyer's knowledge of the fraud does not prevent punishing the violator.
Official text (Arabic)
This article has not been amended since the law was issued.
يفترض في كل من ارتكب مخالفة لأحكام هذا النظام العلم بغش المنتج، ولا يمنع علم المشتري بذلك من تطبيق العقوبة المقررة بحق المخالف.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 14 explained in plain English
This article contains two important rules on proving commercial fraud violations:
The first rule: knowledge is presumed. Anyone who commits a violation of the Law's provisions is presumed to know that the product is adulterated. The prosecution therefore need not prove that the merchant knew the product was adulterated, because the Law presumes it. Saying "I did not know" is thus not enough for the merchant to escape liability.
The second rule: the buyer's knowledge does not excuse. Even if the buyer knew that the product was adulterated or counterfeit and bought it willingly, that does not prevent the penalty from being applied to the violator. The reason is that combating fraud protects the market and society, not only the buyer's interest.
The text mentions no way to rebut this presumption, so means of rebutting it cannot be inferred from it. But the following Article 15 sets a different provision for another category: it makes the seller, those who market the product on whose behalf, and the managers of companies and shops liable for the violations, unless one of them proves that the violation occurred for a reason beyond his control, in which case the penalty is limited to the violator alone.
Merchants should therefore verify the soundness of the sources of their goods and their conformity to the specifications before displaying them. Anyone facing an accusation under the Law would do well to consult a lawyer specialized in criminal cases.
Practical example
A shop in Taif sells watches counterfeiting a famous brand, and tells customers openly that they are "imitations". The customer's knowledge of this does not prevent punishing the shop owner, nor is it enough for him to claim he did not know the goods he sells are adulterated.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
How we write and review contentCriminal Law lawyers: ask a specialist about your case
Describe your situation briefly and we'll suggest a lawyer who specialises in this law
Criminal Law lawyers
Lawyers who handle this kind of case
Ibrahim Al Salem Law Firm
Active contributor
Dr. Ali Al-Rubaie Law Office and Ittihad Al-Asr Legal Company
Frequently asked questions about Article 14 of the Saudi Anti-Fraud Law
Is a merchant punished if he says he did not know about the fraud?
The article presumes that anyone who commits a violation of the Law's provisions knew that the product was adulterated.
If the buyer knows the product is counterfeit, is the seller excused?
No. The article provides that the buyer's knowledge does not prevent the penalty from being applied to the violator.
Can a manager escape liability?
Article 15 allows it for the seller and the managers of companies and shops if one of them proves that the violation occurred for a reason beyond his control, in which case the penalty is limited to the violator alone.
More articles on Investigation, Prosecution and Liability
- Article 12
The article makes investigation and public prosecution of violations of the Anti-Commercial Fraud Law the competence of the Bureau of Investigation and Public Prosecution.
تختص هيئة التحقيق والادعاء العام بالتحقيق والادعاء العام في المخالفات الواردة في هذا النظام.
- Article 13Amended (1440 AH)
The article makes the competent court the body that adjudicates all violations of the Law, its disputes and compensation claims arising from its application.
تتولى المحكمة المختصة الفصل في جميع المخالفات والمنازعات ودعاوى المطالبة بالتعويض الناشئة من تطبيق أحكام هذا النظام
- Article 15
The article makes the seller, those who market the product on whose behalf, and the managers of companies, associations, establishments and shops liable for the Law's violations, unless one proves the violation occurred for a reason beyond his control.
يكون البائع، ومن يصرف المنتج لحسابه، ومديرو الشركات والجمعيات والمؤسسات والمحلات، مسئولين عن كل ما يقع من مخالفات لأحكام هذا النظام، وتوقع على كل منهم العقوبات
- Article 23Amended by M/109
The Article allows the Public Prosecution to request a travel ban until the final judgment, and the Ministry of Interior to deport a non-Saudi finally convicted of an Article 2 violation.
1- للنيابة العامة أن تطلب منع سفر من يثبت التحقيق ارتكابه مخالفة لأحكام النظام إلى أن يصدر الحكم النهائي في القضية. 2- لوزارة الداخلية، إذا صدر حكم نهائي بإدانة
- Article 26
The penalties in the Anti-Commercial Fraud Law apply to anyone who took part in committing the violation or incited it.
تسري العقوبات المنصوص عليها في هذا النظام على كل من شارك في ارتكاب المخالفة، أو حرض على ارتكابها.
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.