Article 5 of the Saudi Anti-Financial Fraud and Breach of Trust Law
المادة 5 من نظام مكافحة الاحتيال المالي وخيانة الأمانة
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.
Official text (Arabic)
This article has not been amended since the law was issued.
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 منظمة.
2- حالة العود.
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 5 explained in plain English
This article concerns aggravation of the penalty for crimes under the Law, and applies in only two cases:
- If the crime is committed through an organized gang.
- Recidivism.
The effect of aggravation: in either case the limits of the penalties imposed change as follows:
- The minimum: not less than half the maximum set in the Law.
- The ceiling: not more than double the maximum set in the Law.
So if the penalty was originally set with only a ceiling, this article gives it a minimum that binds the court, and raises its ceiling to double. The reference for the calculation is the maximum set for the crime in the Anti-Financial Fraud and Breach of Trust Law.
The text of the article does not state the conditions for treating a group as an organized gang or the controls for recidivism, so applying them to a particular incident requires specialist opinion.
Relationship to neighboring articles: Article 4 sets the penalty for attempt at no more than half the maximum penalty prescribed for the completed crime, and Article 6 provides for confiscation of the tools and machines used in the crimes and their proceeds by judicial judgment, without prejudice to the right of a bona fide third party.
Anyone facing an accusation to which one of the two cases of aggravation may apply is advised to consult a lawyer who specializes in criminal matters.
Practical example
The competent authorities discovered an organized group that divides roles among its members, some of whom contact victims impersonating an official entity while others receive the transferred funds. Because the crime was committed through an organized gang, the penalty imposed on its members is not less than half the maximum set in the Law and not more than double it.
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 5 of the Saudi Anti-Financial Fraud and Breach of Trust Law
When is the penalty for financial fraud and breach of trust aggravated?
In two cases: if the crime is committed through an organized gang, or in a case of recidivism.
How far can the aggravated penalty go?
The penalty imposed is not less than half its maximum set in the Law and not more than double it.
Does the article define an organized gang or recidivism?
No. The text mentions the two cases without detailing their conditions, and applying them to a particular incident requires the opinion of a lawyer who specializes in criminal matters.
More articles on Attempt, Participation, Aggravation and Exemption
- Article 3
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.
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،
- 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 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.