Article 59 of the Saudi Implementing Regulations of the Criminal Procedure Law

This article of the Implementing Regulations of the Criminal Procedure Law clarifies the scope of the protection enjoyed by correspondence and documents between the accused and his lawyer, referred to in Article 84 of the Law.

What is covered?

• Correspondence exchanged between the accused and his agent or lawyer.
• Papers or documents the accused hands to either of them.

The condition: The investigator refrains from seizing them provided they relate to carrying out the task of defending the accused in the case.

What does this mean?

• The protection is tied to the subject and purpose of the correspondence, which is the defense in the case.
• What does not relate to carrying out the task of defense in the case does not fall within this condition.

The article does not state who decides whether a piece of correspondence relates to the defense, or how that is verified.

Practical tip from the text: Because the protection depends on the correspondence relating to the task of defense in the case, it is best to keep communication with the lawyer about the case itself.

Relationship to neighboring articles: It comes after Article 58, which regulates attaching bank balances during the investigation stage, and before Article 60, which requires the investigator to attach seized items that are subject to confiscation.

If you are a party to a case and want to know how this provision affects your situation, you can consult a lawyer who specializes in criminal cases.