Article 4 of the Saudi Anti-Human Trafficking Law
المادة 4 من نظام مكافحة جرائم الاتجار بالأشخاص
The article requires the penalties in the Law to be increased in nine cases, including where the crime is committed by an organized group, against a woman or a child, or with a weapon.
Official text (Arabic)
This article has not been amended since the law was issued.
تشدد العقوبات المنصوص عليها في هذا النظام في الحالات التالية:
1 ـ إذا ارتكبت الجريمة جماعة إجرامية منظمة .
2 ـ إذا ارتكبت ضد امرأة أو أحد من ذوي الاحتياجات الخاصة .
3- إذا ارتكبت ضد طفل حتى ولو لم يكن الجاني عالما بكون المجني عليه طفلا .
4 ـ إذا استعمل مرتكبها سلاحا، أو هدد باستعماله .
5 ـ إذا كان مرتكبها زوجا للمجني عليه أو أحد أصوله أو فروعه أو وليه، أو كانت له سلطة عليه .
6 ـ إذا كان مرتكبها موظفا من موظفي إنفاذ الأنظمة .
7 ـ إذا كان مرتكبها أكثر من شخص .
8 ـ إذا كانت الجريمة عبر الحدود الوطنية .
9 ـ إذا ترتب عليها إلحاق أذى بليغ بالمجني عليه، أو إصابته بعاهة دائمة .
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 4 explained in plain English
This article sets out the cases in which the penalties provided for in the Law are increased, including the penalty in Article 3 (imprisonment up to 15 years or a fine up to SAR 1,000,000, or both). There are nine cases:
- The crime is committed by an organized criminal group, which under Article 1 is a group of two or more persons that carries out a premeditated act to commit the crime in pursuit of a benefit.
- It is committed against a woman or a person with special needs.
- It is committed against a child, meaning anyone who has not exceeded 18, even if the offender did not know that the victim was a child.
- The offender uses a weapon or threatens to use one.
- The offender is the victim's spouse, one of their ascendants or descendants, or their guardian, or has authority over them.
- The offender is one of the law enforcement officials.
- The offenders are more than one person.
- The crime is transnational within the meaning given in Article 1.
- It results in serious harm to the victim or in a permanent disability.
The article does not state the amount of the increase or how it is applied, so assessing this is for the court. One of these cases is enough for the article's provision to apply. Anyone whose case involves one of these cases would do well to consult a lawyer specializing in criminal cases.
Practical example
A man forces his 12-year-old son to beg in the markets and takes what he collects. Two of the cases of increased penalty come together here: the victim is a child, and the offender is one of his ascendants and has authority over him, so the penalty the court imposes is increased.
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 4 of the Saudi Anti-Human Trafficking Law
When is the penalty for human trafficking increased in Saudi Arabia?
In nine cases, including: committed by an organized criminal group or by more than one person, against a woman, a child or a person with special needs, with a weapon, by a relative or law enforcement official, across borders, or if it causes serious harm or a permanent disability.
Is the offender excused if they did not know the victim was a child?
No. The article provides for an increased penalty if the crime is committed against a child even if the offender did not know that the victim was a child.
Does the article state how much the penalty is increased?
No. The article only provides for increasing the penalties in these cases without stating the amount of the increase.
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.