Article 8 of the Saudi Anti-Financial Fraud and Breach of Trust Law
المادة 8 من نظام مكافحة الاحتيال المالي وخيانة الأمانة
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.
Official text (Arabic)
This article has not been amended since the law was issued.
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 الإبلاغ بعد العلم بالجريمة تعيّن للإعفاء أن يكون من شأن الإبلاغ ضبط باقي الجناة في حال تعددهم.
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 8 explained in plain English
This article opens the door to exemption for an offender who reveals the crime, by allowing exemption from the penalties provided for in this Law for any of them who takes the initiative to report it.
Exemption is permissive: the text says "the competent court may exempt," so exemption is a discretionary power of the court and not an automatic right of the person who reported.
The basic condition: the person must be one of the offenders, and must take the initiative to report the crime to the competent authority.
Two cases according to the timing of the report:
- A report before the crime is known and before harm occurs: the court may exempt.
- A report after the crime is known: for exemption, the report must be capable of leading to the arrest of the remaining offenders where there are several.
So the earlier the report, the easier its conditions; after the crime is known, the report must have a real effect in arresting the other participants.
Relationship to neighboring articles: Article 7 allows the judgment imposing the penalty to include publication of its summary at the convicted person's expense, and Article 9 provides for applying the heavier penalty if the act constitutes a crime under other laws.
Because the decision to report, its timing and its effect is a sensitive matter, anyone considering it is advised to consult a lawyer who specializes in criminal matters first.
Practical example
Three people in Riyadh agreed on a plan to lure investors with false promises, and then one of them backed out and reported the plan to the competent authority before it knew of it and before anyone was harmed. In this case the competent court may exempt him from the penalties provided for in the Law. If he had reported after the crime was known, then for exemption his report would have to be capable of leading to the arrest of his two partners.
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 8 of the Saudi Anti-Financial Fraud and Breach of Trust Law
Is a person exempt from the penalty if he reports a fraud he took part in?
The competent court may exempt him if he takes the initiative to report to the competent authority before the crime is known and before harm occurs; exemption is at the court's discretion.
What if the report is made after the crime is discovered?
For exemption, the report must be capable of leading to the arrest of the remaining offenders where there are several.
Is exemption an automatic right of the person who reports?
No. The text says "the competent court may exempt," meaning the matter is left to the court's discretion.
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 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
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.