Article 6 of the Saudi Classified Information Penal Law
المادة 6 من نظام عقوبات نشر الوثائق والمعلومات السرية وإفشائها
Article 6 punishes the accomplice in this Law's crimes with the Article 5 penalty, and treats as an accomplice anyone who agreed, incited or assisted knowingly if the crime was committed on that basis.
Official text (Arabic)
This article has not been amended since the law was issued.
يعاقب كل من اشترك في أي من الجرائم الواردة في هذا النظام بالعقوبة المنصوص عليها في المادة (الخامسة)، ويعد شريكاً في الجريمة كل من اتفق أو حرض أو ساعد على ارتكابها مع علمه بذلك إذا ارتكبت الجريمة بناء على هذا الاتفاق أو التحريض أو المساعدة.
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 6 explained in plain English
Punishment under this Law is not limited to the person who committed the act himself; this article extends the penalty to the accomplice, punishing him with the penalty stated in Article 5, which is imprisonment for a period not exceeding twenty years or a fine not exceeding one million riyals, or both.
The article sets three forms of participation:
- Agreeing to commit the crime.
- Inciting it.
- Assisting in committing it.
For a person to be treated as an accomplice, the text requires two things:
- That it be with his knowledge; someone who helped without knowing does not meet this description under the article.
- That the crime was committed on the basis of this agreement, incitement or assistance, meaning there is a link between his act and the occurrence of the crime.
The crimes meant are "any of the crimes stated in this Law", including the six acts listed in Article 5, such as publishing classified documents, obtaining them by unlawful means, or failing to preserve their confidentiality.
To assess a particular situation, it is advisable to consult a lawyer specializing in criminal matters.
Practical example
A person asks his friend, who works at a government body in Jeddah, to provide him with a copy of a classified document for a sum of money, and the employee complies and hands it over. Here the requester is treated as an accomplice by incitement, because he incited knowingly and the crime was committed on the basis of his incitement, so he is punished with the penalty set in Article 5.
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 6 of the Saudi Classified Information Penal Law
Is someone punished who incited an employee to leak a classified document?
Yes, if he did so knowingly and the crime was committed on the basis of his incitement, he is an accomplice and is punished with the Article 5 penalty.
What is the penalty for an accomplice in crimes of disclosing classified documents?
The penalty stated in Article 5, which is imprisonment for a period not exceeding twenty years or a fine not exceeding one million riyals, or both.
What are the forms of participation in a crime?
Agreeing, inciting or assisting in committing it, with knowledge of that.
Articles this article refers to
More articles on Penalty for Disclosing Secrets and Classified Documents
- Article 5
Article 5 punishes with imprisonment of up to twenty years or a fine of up to one million riyals, or both, anyone who publishes classified documents and information, or obtains them by unlawful means, or destroys them, or breaches their confidentiality.
مع عدم الإخلال بأي عقوبة أشد مقررة نظاماً، يعاقب بالسجن مدة لا تزيد على عشرين سنة أو بغرامة لا تزيد على مليون ريال أو بهما معاً، كل من: 1 - نشر وثائق أو معلومات
- Article 7
Article 7 requires that proportionality and mitigating and aggravating circumstances be considered when applying the Article 5 penalty, and lists seven aggravating circumstances, including wartime and acting for a foreign state.
يراعى عند تطبيق العقوبة الواردة في المادة (الخامسة) من هذا النظام؛ التناسب بين الجريمة والعقوبة، مع مراعاة الظروف المخففة والمشددة للعقوبة، ويعد من الظروف المشد
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.