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Article 7 of the Saudi Anti-Narcotics and Psychotropic Substances Law

المادة 7 من نظام مكافحة المخدرات والمؤثرات العقلية

The article requires the authorities to pursue and punish a Saudi who commits an Article Three offense outside the Kingdom if it is punishable there and he was not pursued or punished for it.

Official text (Arabic)

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

1- على السلطات المختصة في المملكة ملاحقة ومعاقبة أي مواطن سعودي أقدم -خارج المملكة- على ارتكاب جريمة من الجرائم المنصوص عليها في المادة ( الثالثة ) من هذا النظام وكانت الجريمة المرتكبة معاقبا عليها في البلد الذي ارتكبت فيه، ولم يلاحق أو يعاقب من قبل سلطات ذلك البلد.

2- يطبق ما نصت عليه الفقرة (1) من هذه المادة على موظفي السلك الدبلوماسي أو القنصلي من السعوديين خارج المملكة إذا حالت دون ملاحقتهم الحصانة التي يتمتعون بها لدى الدول المعتمدين لديها.

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 7 explained in plain English

The general rule is that an offense is tried in the country where it occurred, but this article extends the reach of the Law to the Saudi citizen outside the Kingdom. It requires the competent authorities to pursue and punish him if he commits abroad one of the offenses provided for in Article Three, which are the criminalized acts such as smuggling, possession, use, brokering, money laundering, participation and attempt.

Three conditions must be met together:

  1. The offender must be a Saudi citizen.
  2. The act must be punishable in the country where it was committed; if the act is permitted there, paragraph (1) does not apply.
  3. He must not have been pursued or punished by the authorities of that country.

Paragraph (2) deals with a special case: Saudi diplomatic or consular staff abroad, who may enjoy immunity that prevents the State to which they are accredited from pursuing them. If this immunity prevents their pursuit there, the provision of paragraph (1) is applied to them, so immunity is not a reason to escape accountability.

This article is complemented by Article Eight, which deals with pursuing those who take part abroad in preparing for an offense to be committed inside the Kingdom. Anyone facing such a situation would do well to consult a lawyer specialized in criminal cases.

Practical example

Saad, a Saudi, traveled to a country where possession of narcotics is punishable, possessed a quantity of them there, and then returned to the Kingdom without the authorities of that country pursuing him. Under paragraph (1), the Saudi authorities must pursue him, because the three conditions are met.

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 7 of the Saudi Anti-Narcotics and Psychotropic Substances Law

Is a Saudi held accountable for a drug offense committed outside the Kingdom?

Yes, if it is one of the Article Three offenses, is punishable in the country where it was committed, and he was not pursued or punished there.

What if the act is permitted in the country where it occurred?

Paragraph (1) requires that the offense be punishable in the country where it was committed, so if this condition is not met, its provision does not apply.

Does diplomatic immunity protect a Saudi from pursuit?

If immunity prevents his pursuit in the State to which he is accredited, the provision of paragraph (1) is applied to him and the Saudi authorities pursue him.

Articles this article refers to

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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.