Article 97 of the Saudi Implementing Regulations of the Criminal Procedure Law
المادة 97 من اللائحة التنفيذية لنظام الإجراءات الجزائية · الفصل الثاني: حضور الخصوم
The appointed lawyer receives a certificate for each hearing he attends so his fees can be paid by the Ministry of Justice, and he may not take any payment from the accused.
Official text (Arabic)
This article has not been amended since the law was issued.
1- تسلم الدائرة القضائية للمحامي المندوب شهادةً بكل جلسة حضرها للدفاع عن المتهم لتقديمها إلى الوزارة لصرف أتعابه وفق التقدير الذي حددته الوزارة قبل الترافع.
2 - لا يجوز للمحامي المندوب أن يتقاضى من المتهم أي مقابل عن الدفاع عنه.
3 - تُدفع أتعاب المحامين المندوبين على نفقة الدولة وفق آلية تضعها الوزارة لصرف استحقاقاتهم.
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 97 explained in plain English
After Article 96 of the Regulations regulated how a lawyer is appointed for the accused at state expense, this article explains how the appointed lawyer receives his fees.
- Attendance certificate: the judicial circuit gives the appointed lawyer a certificate for each hearing he attended to defend the accused, which he submits to the Ministry of Justice to be paid his fees according to the estimate the Ministry set before the pleading.
- No payment from the accused: the appointed lawyer may not take any payment from the accused for defending him.
- Payment mechanism: the fees are paid at state expense according to a mechanism set by the Ministry.
This reassures the accused that his defense will not place any direct lawyer's cost on him. The amount of the fees and how they are paid are not set by the article, which refers them to the Ministry's estimate and the mechanism it sets.
Note that Article 96 includes the accused's acknowledgment that the State may recover from him the fees it pays if his financial ability is proven.
If you have a pending case and need advice on your specific situation, it is best to consult a lawyer who specializes in criminal cases.
Practical example
A lawyer was appointed at state expense to defend an accused in a case in Makkah, and attended three hearings with him. At each hearing the circuit gave him a certificate of his attendance, which he submitted to the Ministry of Justice to be paid his fees according to the previously set estimate, without asking the accused for any amount.
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 97 of the Saudi Implementing Regulations of the Criminal Procedure Law
Does the accused pay anything to the state-appointed lawyer?
No. The article states that the appointed lawyer may not take any payment from the accused for defending him.
Who pays the appointed lawyer's fees?
They are paid at state expense according to a mechanism set by the Ministry of Justice, and the lawyer submits hearing attendance certificates to receive them.
How are the appointed lawyer's fees determined?
They are paid according to the estimate the Ministry set before the pleading, and the article does not state a specific amount.
More articles on Appointing a Lawyer at State Expense
- Article 59
The article makes the investigator's refraining from seizing correspondence between the accused and his agent or lawyer, and papers he hands them, conditional on its relating to carrying out the task of defending him in the case.
يشترط لامتناع المحقق - وفقاً للمادة (الرابعة والثمانين) من النظام - من ضبط المراسلات المتبادلة بين المتهم ووكيله أو محاميه وما يسلمه المتهم لأي منهما من أوراق أ
- Article 71
This article of the Regulations allows recording the accused's appointment of his lawyer for the investigation stage, requires investigating a legal person through its legal representative, and requires a specialist's presence in domestic violence cases where needed.
1- للمحقق - عند الاقتضاء - أن يثبت في محضر خاص توكيل المتهم لمحاميه لمرحلة التحقيق. 2 - إذا طال التحقيق شخصية اعتبارية، فيجرى مع ممثلها النظامي. 3- يكون سماع أق
- Article 96
The article regulates an accused's request in serious crimes for a lawyer appointed at state expense: the contents of the request, the circuit's review, its final decision, and the consequences of refusal or acceptance.
1- إذا رغب المتهم في الجرائم الكبيرة ندبَ محامٍ للدفاع عنه على نفقة الدولة - استناداً إلى المادة (التاسعة والثلاثين بعد المائة) من النظام - فيُقدِّم لإدارة المح
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.