Article 159 of the Saudi Criminal Procedure Law

المادة 159 من نظام الإجراءات الجزائية · الفصل السادس: إجراءات الجلسة ونظامها

Article 159 permits the court to authorize the public prosecutor to amend the statement of claim unless the pleadings have been closed, with the accused informed and given sufficient opportunity to prepare a defense.

Official text (Arabic)

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

للمحكمة أن تأذن للمدعي العام في أن يدخل تعديلًا في لائحة الدعوى في أي وقت - ما لم يقفل باب المرافعة في القضية - ويُبَلَّغ المتهم بذلك. ويجب أن يمنح المتهم فرصة كافية لإعداد دفاعه في شأن هذا التعديل وفقًا للنظام.

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 159 explained in plain English

This article regulates amending the statement of claim at the request of the prosecuting authority, and sets conditions and safeguards for it:

The court's authorization: the amendment is made with the court's authorization to the public prosecutor, so the prosecutor does not amend the statement on his own without this authorization.
Timing: the amendment may be made at any time, unless the pleadings have been closed in the case.
Notification: the accused is informed of the amendment.
Opportunity to defend: the accused must be given sufficient opportunity to prepare a defense regarding this amendment in accordance with the Law.

The article does not set a specific period for this opportunity; it describes it as sufficient and ties it to the Law. The aim is that the accused is not surprised by an amended charge without being able to respond to it.

This article differs from Article 158, which provides that the court itself is not bound by the description in the statement of claim and gives the act the description it deserves, with the accused informed. It is followed by Article 160, which regulates directing the charge to the accused in the session, reading the statement of claim to the accused and giving the accused a copy.

A person against whom a statement of claim has been amended should seek the help of a lawyer specialized in criminal cases to prepare his or her defense within the period granted.

Practical example

During Nasser's trial in Dammam, the public prosecutor asked to add a fact to the statement of claim before the pleadings were closed, and the court authorized him to do so. Under this article, Nasser is informed of the amendment and must be given sufficient opportunity to prepare his defense regarding it.

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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