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Article 45 of the Saudi Anti-Narcotics and Psychotropic Substances Law

المادة 45 من نظام مكافحة المخدرات والمؤثرات العقلية

The article provides that a person placed in a clinic who commits any offense under this Law during treatment serves the prison sentence passed against him, after deducting the time he spent in the clinic.

Official text (Arabic)

This article has not been amended since the law was issued.

إذا ارتكب المودع في المصحة أثناء فترة علاجه أيا من الجرائم المنصوص عليها في هذا النظام، فيتم تنفيذ عقوبة السجن المحكوم بها عليه بعد خصم المدة التي قضاها في المصحة من تلك العقوبة.

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 45 explained in plain English

This article deals with a special case: a person who is placed in a clinic for treatment of addiction and then commits, during his treatment, any of the offenses provided for in this Law.

The rule in this case:

  • The prison sentence passed against him is carried out.
  • But the time he spent in the clinic is deducted from the prison term.

So placement in a clinic does not protect him from punishment if he commits a new offense during treatment, but at the same time the time he spent in the clinic is not lost; it is counted in his favor against the prison term. The text speaks of the prison sentence specifically and does not address other penalties.

This article is linked to Article 44, which provides for forming the Committee for Considering Addiction Cases by decision of the Minister of Interior in agreement with the Minister of Health, with the Implementing Regulations setting its tasks and procedures. It also comes before Article 46, which punishes a person caught frequenting a place prepared for using narcotics while they are being used, knowing what goes on there.

Anyone facing this situation, or with a relative in it, can consult a lawyer specialized in criminal cases to learn how the time will be counted in his case.

Practical example

Majed was placed in an addiction treatment clinic in Riyadh, and 4 months after his placement he was caught receiving a narcotic substance inside the clinic. If a prison sentence is passed against him for this offense, the 4 months he spent in the clinic are deducted from the prison term, under Article 45.

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 45 of the Saudi Anti-Narcotics and Psychotropic Substances Law

Is time spent in an addiction clinic counted against a prison sentence?

If a person placed in a clinic commits an offense under this Law during his treatment, the prison sentence is carried out against him after deducting the time he spent in the clinic.

Is a person in a clinic exempt from punishment if he commits an offense during treatment?

No. Article 45 provides that the prison sentence passed against him is carried out, with the clinic time deducted from it.

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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.