Article 11 of the Saudi Anti-Human Trafficking Law
المادة 11 من نظام مكافحة جرائم الاتجار بالأشخاص
The article allows the competent court, in all cases, to confiscate funds, belongings and tools used or prepared for use in the crime of human trafficking or obtained from it.
Official text (Arabic)
This article has not been amended since the law was issued.
يجوز للمحكمة المختصة في جميع الأحوال مصادرة الأموال الخاصة والأمتعة والأدوات وغيرها مما يكون قد استعمل، أو أعد للاستعمال، في ارتكاب جريمة الاتجار بالأشخاص، أو تحصل منها .
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 11 explained in plain English
This article gives the competent court the power of confiscation in human trafficking cases. It is a permissive power: the court "may" order it, and it is not automatic confiscation in every case.
What can be confiscated? Private funds, belongings, tools and other things, where they:
- Were used in committing the crime of human trafficking.
- Or were prepared for use in committing it, even if they were not actually used.
- Or were obtained from the crime.
The words "and other things" mean that what is listed is not exhaustive; the test is the thing's link to the crime: its use in it, its preparation for that, or its being obtained from it. The article provides that the court has this power "in all cases".
Note that the article's text concerns the crime of human trafficking. This article sits alongside other provisions, including Article 10, which punishes an attempt at the crimes in Articles 2, 4 and 6 with the penalty of the completed crime, and Article 12, which regulates exemption from the penalty for someone who takes the initiative to report. Anyone whose funds have been confiscated or who fears confiscation in a case of this kind would do well to consult a lawyer specializing in criminal cases.
Practical example
It was proved that a person used an apartment he had rented and a car he owns to house and transport trafficking victims, and collected sums of money from this. The court may order confiscation of the car and the tools used in the crime, and the funds obtained from 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 11 of the Saudi Anti-Human Trafficking Law
Are the accused's funds confiscated in a human trafficking crime?
The competent court may confiscate private funds, belongings, tools and other things used or prepared for use in the crime or obtained from it.
Is confiscation mandatory in human trafficking cases?
No. The article makes it permissive, and the court decides whether to order confiscation.
Can something that was not actually used in the crime be confiscated?
Yes, if it was prepared for use in committing the crime of human trafficking, according to the text of the article.
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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.