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Article 105 of the Saudi Implementing Regulations of the Criminal Procedure Law

المادة 105 من اللائحة التنفيذية لنظام الإجراءات الجزائية · الفصل الرابع: الادعاء بالحق الخاص

When the court appoints a guardian for an accused who lacks full capacity based on Article 149 of the Law, it observes what is set in Article 104 of the Regulations.

Official text (Arabic)

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

تراعي المحكمة في إقامتها ولياً على المتهم ناقص الأهلية - استناداً إلى ما ورد في المادة (التاسعة والأربعين بعد المائة) من النظام - ما تقرر في المادة (الرابعة بعد المائة) من اللائحة.

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 105 explained in plain English

Practical example

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 105 of the Saudi Implementing Regulations of the Criminal Procedure Law

What rules does the court observe when appointing a guardian for an accused who lacks capacity?

It observes what is set in Article 104 of the Regulations: the guardianship is limited to the case being heard and is recorded in its record without an instrument, even if the court does not have jurisdiction over guardianship.

Does the criminal court need jurisdiction over guardianship to appoint a guardian for the accused?

According to Article 104, to which this article refers, the court appoints the guardian even if it does not have subject-matter and territorial jurisdiction over guardianship.

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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.