Article 3 of the Saudi Anti-Financial Fraud and Breach of Trust Law
المادة 3 من نظام مكافحة الاحتيال المالي وخيانة الأمانة
The article punishes whoever incited another to commit any crime under the Law, agreed with him, or helped him: up to the maximum penalty if the crime occurs on that basis, and up to half of it if it does not.
Official text (Arabic)
This article has not been amended since the law was issued.
يعاقب كل من حرض غيره، على ارتكاب أي من الجرائم المنصوص عليها في هذا النظام، أو اتفق معه، أو ساعده؛ إذا وقعت الجريمة بناء على هذا التحريض أو الاتفاق أو المساعدة، بما لا يتجاوز الحد الأعلى للعقوبة المقررة لها، ويعاقب بما لا يتجاوز نصف الحد الأعلى للعقوبة المقررة لها إذا لم تقع الجريمة الأصلية.
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 3 explained in plain English
Punishment under this Law is not limited to the person who carries out the crime himself, but extends by this article to whoever takes part in it in one of three ways:
- Incitement: pushing another to commit the crime.
- Agreement: agreeing with another to commit it.
- Assistance: helping him commit it.
This covers any crime provided for in this Law, including the crime of breach of trust in Article 2.
The punishment differs according to whether the principal crime occurs:
- If the crime occurs on the basis of the incitement, agreement or assistance: he is punished by no more than the maximum penalty prescribed for it. So someone who helped with a breach of trust that actually occurred may receive a penalty up to the maximum set in Article 2, which is imprisonment of 5 years and a fine of SAR 3 million.
- If the principal crime does not occur: he is punished by no more than half of the maximum penalty prescribed for it.
In the first case the text requires that the crime have occurred on the basis of this incitement, agreement or assistance, that is, that it be connected to it.
Article 4 deals with a close situation, attempt at the crime, and punishes whoever attempted any of the crimes of the Law with no more than half the maximum penalty prescribed for the completed crime.
Because determining each person's role in an incident is a delicate matter, anyone facing an accusation of this kind is advised to consult a lawyer who specializes in criminal matters.
Practical example
Saad agreed with an employee at a company in Riyadh that the employee would take sums handed to him by virtue of his work, and Saad helped him hide them. If the breach of trust occurred on the basis of this agreement and assistance, Saad is punished by no more than the maximum penalty for it, and if the crime did not occur at all he is punished by no more than half of that maximum.
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 3 of the Saudi Anti-Financial Fraud and Breach of Trust Law
Is someone who helped with a fraud or breach of trust punished?
Yes. The article punishes whoever incited another to commit any crime under the Law, agreed with him, or helped him.
What is the punishment for the inciter if the crime does not occur?
He is punished by no more than half the maximum penalty prescribed for the crime.
Is a participant punished with the same penalty as the perpetrator?
If the crime occurs on the basis of the incitement, agreement or assistance, he is punished by no more than the maximum penalty prescribed for it, with the court assessing within that limit.
More articles on Attempt, Participation, Aggravation and Exemption
- Article 4
The article punishes anyone who attempted any of the crimes under the Law with no more than half the maximum penalty prescribed for the completed crime.
يعاقب كل من شرع في القيام بأي من الجرائم المنصوص عليها في هذا النظام بما لا يتجاوز نصف الحد الأعلى للعقوبة المقررة على الجريمة التامة.
- Article 5
The article increases the Law's penalties where the crime is committed through an organized gang or in a case of recidivism: not less than half their maximum and not more than double it.
لا تقل العقوبات المحكوم بها عن نصف حدها الأعلى -المقرر في هذا النظام- ولا تتجاوز ضعفه، وذلك في أي من الحالتين الآتيتين: 1- إذا ارتكبت الجريمة من خلال عصابة منظم
- Article 8
The article allows the competent court to exempt an offender who takes the initiative to report the crime to the competent authority, on conditions that differ according to the timing of the report.
للمحكمة المختصة أن تعفي من العقوبات المنصوص عليها في هذا النظام كل من بادر من الجناة بإبلاغ السلطة المختصة بالجريمة قبل العلم بها وقبل وقوع الضرر، وإن كان الإبل
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.