Article 26 of the Saudi Anti-Fraud Law
المادة 26 من نظام مكافحة الغش التجاري · الفصل الرابع: العقوبات
The penalties in the Anti-Commercial Fraud Law apply to anyone who took part in committing the violation or incited it.
Official text (Arabic)
This article has not been amended since the law was issued.
تسري العقوبات المنصوص عليها في هذا النظام على كل من شارك في ارتكاب المخالفة، أو حرض على ارتكابها.
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 26 explained in plain English
This Article extends the scope of the penalties to those who did not commit the violation alone, covering two groups:
- The accomplice: anyone who took part in committing the violation, such as someone who cooperates with another in adulterating, packing or distributing a product.
- The instigator: anyone who incited the violation, such as someone who pushes another or asks him to commit the fraud.
What matters is that the penalties provided for in this Law apply to both; the text does not set a special reduced penalty for them. The accomplice and the instigator are therefore exposed to the same penalties the Law provides for the violation.
The aim is to close the door on evading responsibility: an employer cannot ask his workers to adulterate a product and then argue that he did not do it himself, and someone who takes part in one stage of the process cannot say he did not commit the whole violation.
This Article comes after Article 25 on publishing a summary of the judgment at the offender's expense, and before Article 27, which allows the Minister to order precautionary seizure of a product suspected of being adulterated and to withdraw it from the markets. The Article does not define participation or incitement in detail, so each is assessed in every case according to its facts.
Anyone accused of participating in or inciting a commercial fraud violation would do well to consult a lawyer who specializes in criminal cases.
Practical example
A shop owner in Riyadh asked a worker to re-stick labels with new expiry dates on expired products. The worker who carried it out is a participant in the violation and the shop owner is an instigator of it, so the penalties provided for in the Law apply to both.
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 26 of the Saudi Anti-Fraud Law
Is an accomplice in commercial fraud punished?
Yes. The penalties provided for in the Law apply to anyone who took part in committing the violation.
Is someone who incited fraud punished even if he did not carry it out?
Yes. The penalties apply to anyone who incited the violation.
Is an accomplice's penalty lighter than the main offender's?
The Article does not provide for a reduced penalty; it provides that the Law's penalties apply to the accomplice and the instigator.
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 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
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.