Article 6 of the Saudi Anti-Financial Fraud and Breach of Trust Law
المادة 6 من نظام مكافحة الاحتيال المالي وخيانة الأمانة
The article requires confiscation by judicial judgment of the tools and machines used in committing the Law's crimes and of their proceeds, without prejudice to the right of a bona fide third party.
Official text (Arabic)
This article has not been amended since the law was issued.
دون إخلال بحق الغير حسن النية، تُصادر بحكم قضائي الأدوات والآلات المستخدمة في ارتكاب أي من الجرائم المنصوص عليها في هذا النظام، وكذلك المتحصلات المتحققة من 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 6 explained in plain English
In addition to imprisonment and a fine, this article provides the penalty of confiscation for any of the crimes under this Law.
What is confiscated?
- The tools and machines used in committing the crime.
- The proceeds obtained from committing it, that is, what the offender gained as a result of the crime.
How does confiscation take place? Confiscation is by judicial judgment, so it takes place only by a judgment issued for it.
Protection of a bona fide third party: the article begins with the phrase "without prejudice to the right of a bona fide third party," meaning that confiscation does not affect the rights of someone who has no connection to the crime and dealt in good faith. The text does not detail how good faith is proved or how this right is claimed, so a person who believes he has a right in confiscated property needs specialist advice.
Relationship to neighboring articles: Article 5 provides for aggravated penalties if the crime is committed through an organized gang or in a case of recidivism, and Article 7 allows the judgment to include publication of its summary at the convicted person's expense after the judgment becomes final.
Anyone with a question about property or a tool covered by confiscation is advised to consult a lawyer who specializes in criminal matters.
Practical example
A fraudster in Dammam used phones and accounts to lure his victims, and collected large sums that way. On his conviction, the phones and tools he used are confiscated by judicial judgment, as are the proceeds he obtained from the crime, without prejudice to the right of any bona fide party with no connection to the crime.
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 6 of the Saudi Anti-Financial Fraud and Breach of Trust Law
Are a fraudster's funds confiscated in Saudi Arabia?
The proceeds obtained from committing the crimes under the Law, and the tools and machines used in them, are confiscated by judicial judgment.
Can anything be confiscated under this article without a judicial judgment?
The article provides that confiscation is by judicial judgment.
What about the rights of a bona fide third party?
The article provides that confiscation takes place without prejudice to the right of a bona fide third party, and the text does not detail how this right is claimed.
More articles on Confiscation, Publication, Investigation and Prosecution
- Article 7
The article allows a conviction judgment to include publication of its summary at the convicted person's expense in newspapers or another suitable means, after the judgment becomes final.
يجوز تضمين الحكم الصادر بالعقوبة النص على نشر ملخصه على نفقة المحكوم عليه في صحيفة -أو أكثر- من الصحف التي تصدر في مقر إقامته، فإن لم تكن في مقر إقامته صحيفة فف
- Article 9
The article provides that the heavier penalty applies if the acts covered by Articles 1 and 2 also constitute a crime under other laws.
إذا شكل أي من الأفعال المشار إليها في المادتين (الأولى) و(الثانية) من هذا النظام؛ جريمة بموجب أنظمة أخرى؛ فتطبق العقوبة الأشد.
- Article 10
The article assigns to the Public Prosecution the investigation of the Law's crimes and prosecution of them before the court competent to decide them.
تتولى النيابة العامة التحقيق، والادعاء أمام المحكمة المختصة بالفصل في الجرائم الواردة في هذا النظام.
- Article 11
The article provides that the Law takes effect 90 days after its publication in the Official Gazette.
يعمل بهذا النظام بعد مضي (تسعين) يوماً من تاريخ نشره في الجريدة الرسمية.
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.