Article 140 of the Saudi Implementing Regulations of the Criminal Procedure Law
المادة 140 من اللائحة التنفيذية لنظام الإجراءات الجزائية · الفصل الأول: الاستئناف
This article of the Regulations provides that an objector's withdrawal of his objection neither reduces the objection period nor loses his right to it unless that period passes.
Official text (Arabic)
This article has not been amended since the law was issued.
ليس لعدول المعترض على الحكم عن اعتراضه أثر في نقص المدة المحددة لتقديم الاعتراض ولا يسقط حقه فيه ما لم تنقض تلك المدة.
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 140 explained in plain English
This article of the Implementing Regulations of the Criminal Procedure Law deals with a practical question: what if a person submitted an objection to a criminal judgment and then withdrew it?
The article provides for two things:
- No effect of withdrawal on the period: an objector's withdrawal of his objection does not reduce the period set for submitting the objection.
- The right is not lost by withdrawal alone: his right to object is not lost unless that period passes.
This means that a person who withdrew his objection while the objection period is still running keeps his right to object until the period ends. If the period has passed, this article does not protect him. The article does not state the length of the objection period or the form of withdrawal.
The article is linked to Article 139, which requires recording that the parties were informed of their right to object and its period, and that the judgment acquires finality when the period passes without the objection memorandum being submitted unless it is subject to mandatory review, and to Article 141, which explains that not submitting the objection within the period loses the right to request appeal or review of a judgment not subject to mandatory review, and loses the right to submit the objection memorandum in a judgment subject to mandatory review. So what counts is the period. If you withdrew your objection and then wanted to return to it, it is best to consult a lawyer who specializes in criminal cases quickly, before the period passes.
Practical example
Talal objected to a criminal judgment issued against him in Abha, then withdrew his objection a few days later thinking it would not help him. Before the period set for objection ended he changed his mind, and under this article his right to object is not lost as long as the period has not passed.
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 140 of the Saudi Implementing Regulations of the Criminal Procedure Law
If I withdraw my objection to the judgment, can I object again?
Yes, as long as the period set for submitting the objection has not passed, since withdrawal does not lose the right to it unless that period passes.
Does withdrawing an objection shorten the objection period?
No. An objector's withdrawal of his objection has no effect in reducing the period set for submitting it.
More articles on Objecting to Criminal Judgments
- Article 138
This article of the Regulations provides that a judgment of not hearing the case for a fundamental defect that cannot be corrected is recorded and an objectionable instrument issued, and the corrected case is heard by the same circuit.
1- يدون في ضبط الدعوى الحكمُ الصادر - وفقا للمادة (الحادية والتسعين بعد المائة) من النظام- بعدم سماع الدعوى التي وُجِد فيها عيب جوهري لا يمكن تصحيحه، ويصدر به ص
- Article 139
This article of the Regulations requires recording that the parties were informed of their right to object, its period and the effect of missing it, and gives the public prosecutor and the private-right claimant the right to object to an unfixed discretionary penalty.
1- يدون في ضبط الدعوى إعلام أطراف الدعوى بحقهم في الاعتراض على الحكم، والمدة المحددة لتقديمه، وأن الحكم سيكتسب لصفة القطعية بمضي تلك المدة دون تقديم مذكرة الاعت
- Article 141
This article of the Regulations explains the effect of not submitting the objection within its period: for a judgment not subject to mandatory review the right to appeal or review is lost and it becomes final, and for one subject to mandatory review the right to submit the memorandum is lost.
1- إذا كان الحكم غير واجب التدقيق، ولم يقدم المعترض اعتراضه خلال المدة المحددة للاعتراض سقط حقه في طلب الاستئناف، أو التدقيق، واكتسب الحكم صفة القطعية، وعلى الد
- Article 142
This article of the Regulations requires the objection to be submitted by a memorandum under paragraph 1 of Article 195 of the Law, lodged with the court that issued the judgment within the period, and allows more than one memorandum on conditions.
1- لا يقبل الاعتراض على الحكم إلا بمذكرة مشتملة على ما نصت عليه الفقرة (1) من المادة (الخامسة والتسعين بعد المائة) من النظام، وللمدعي العام بعثها بكتاب رسمي، وت
- Article 143
This article of the Regulations requires the circuit that issued the challenged judgment to record in the case record that it has seen the objection memorandum.
تدون الدائرة التي أصدرت الحكم المعترض عليه ما يفيد اطلاعها على المذكرة الاعتراضية في ضبط الدعوى.
- Article 144
This article of the Regulations requires the Court of Appeal to annotate the substance of its judgments and final decisions on first-instance judgments, and to notify the first-instance court to transfer this to the case record and judgment register.
تهمش محكمة الاستئناف بمضمون أحكامها وقراراتها النهائية الصادرة بخصوص أحكام محاكم الدرجة الأولى على تلك الأحكام، وتشعرها بما أصدرته لنقل ذلك في ضبط الدعوى وسجل ا
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.