Article 15 of the Saudi Anti-Fraud Law
المادة 15 من نظام مكافحة الغش التجاري · الفصل الثالث: الضبط والتحقيق والمحاكمة
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.
Official text (Arabic)
This article has not been amended since the law was issued.
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 المقررة لمرتكب المخالفة، فإذا أثبت أي منهم أن المخالفة وقعت لسبب خارج عن إرادته فتقتصر العقوبة على المخالف وحده.
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 15 explained in plain English
This article widens the circle of those liable for commercial fraud violations, so it is not limited to the person who committed the act with his own hand. Those liable under it are:
- The seller.
- Whoever markets the product on his behalf, that is, the person for whose benefit the product is sold or distributed.
- The managers of companies, associations, establishments and shops.
All of these are liable for any violations of the Law's provisions that occur, and each of them is subject to the penalties prescribed for the person who committed the violation; that is, the same penalty, not a lighter one.
The exception: if any of them proves that the violation occurred for a reason beyond his control, the penalty is limited to the violator alone. The burden of proof here is on the person who wants to benefit from the exception.
This article complements the one before it: Article 14 presumes the violator's knowledge of the fraud and does not make the buyer's knowledge a bar to punishment, while Article 15 extends liability to those who make decisions in the business. The aim is that owners and managers of businesses take care to supervise what is displayed and sold on their premises.
Because this provision may reach managers who did not commit the violation themselves, anyone facing liability under it would do well to consult a lawyer specialized in criminal or commercial cases.
Practical example
A worker at a supermarket in Riyadh changed expiry dates on products without the management's knowledge. The shop manager is considered liable and the prescribed penalty is imposed on him, unless he proves that the violation occurred for a reason beyond his control, in which case the penalty is limited to the violator alone.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 15 of the Saudi Anti-Fraud Law
Is a company manager punished for a violation committed by an employee?
Yes. The article makes managers of companies, establishments and shops liable and imposes on them the penalty of the person who committed the violation, unless it is proved that the violation occurred for a reason beyond his control.
How does a seller escape liability?
By proving that the violation occurred for a reason beyond his control, in which case the penalty is limited to the violator alone.
Is the manager's penalty lighter than the violator's?
No. Each of them is subject to the penalties prescribed for the person who committed the violation.
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 14
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.
يفترض في كل من ارتكب مخالفة لأحكام هذا النظام العلم بغش المنتج، ولا يمنع علم المشتري بذلك من تطبيق العقوبة المقررة بحق المخالف.
- 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.