Article 163 of the Saudi Criminal Procedure Law

المادة 163 من نظام الإجراءات الجزائية · الفصل السادس: إجراءات الجلسة ونظامها

Article 163 gives each litigant the right to ask that witnesses be heard, evidence considered and a particular investigation procedure carried out, and allows the court to reject the request if it aims at delay, malice or misleading, or is useless.

Official text (Arabic)

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

لكل من الخصوم أن يطلب سماع من يرى من شهود والنظر فيما يقدمه من أدلة، وأن يطلب القيام بإجراء معين من إجراءات التحقيق. وللمحكمة أن ترفض الطلب إذا رأت أن الغرض منه المماطلة، أو الكيد، أو التضليل، أو أنه لا فائدة من إجابة طلبه.

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 163 explained in plain English

This article establishes rights for each litigant in presenting his or her defense and proving his or her claims, and sets a limit on abusing them.

Each litigant may ask for:

the hearing of any witnesses the litigant names;
consideration of the evidence the litigant presents; and
a particular investigation procedure to be carried out.

In return, the court may reject the request if it considers:

that its purpose is delay;
or that its purpose is malice;
or that its purpose is misleading;
or that there is no benefit in granting it.

The rule is thus that the request is the litigant's right, and rejection is an exception tied to one of these reasons. For this reason it helps the person making the request to explain how the witness, evidence or procedure requested relates to the case.

This article complements Article 162, which permits each party to discuss the other party's witnesses and evidence with the court's permission, and Article 164, which gives the court itself the power to summon any witness it considers it needs to hear or question again, and to hear anyone who attends of his own accord if it finds benefit in that for revealing the truth.

A lawyer specialized in criminal cases can help draft a request to hear witnesses or carry out an investigation procedure and explain its benefit to the case.

Practical example

In a case in Riyadh, Bandar's lawyer asked to hear two witnesses who were present at the time of the incident. Under this article he is entitled to make the request, and the court may reject it only if it considers that its purpose is delay, malice or misleading, or that there is no benefit in granting 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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