Article 190 of the Saudi Criminal Procedure Law
المادة 190 من نظام الإجراءات الجزائية · الفصل التاسع: أوجه البطلان
Article 190 confines the effect of a procedure's voidness to that procedure alone: preceding procedures are not void, nor are following ones unless they were built on it.
Official text (Arabic)
This article has not been amended since the law was issued.
لا يترتب على بطلان الإجراء بطلان الإجراءات السابقة عليه ولا الإجراءات اللاحقة له إذا لم تكن مبنية عليه.
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 190 explained in plain English
This article defines the scope of the effect of voidness, that is, how far the voidness of a particular procedure in the criminal case extends to other procedures:
- Preceding procedures: the voidness of a procedure never leads to the voidness of the procedures preceding it.
- Following procedures not built on it: the procedures following it are not void if they were not built on it.
- Following procedures built on it: from the wording of the text it is understood that following procedures that were built on the void procedure are not covered by this protection, because the text limited non-impact to following procedures not built on it.
The practical idea is that the voidness of one procedure does not mean the whole case collapses: what took place before it remains valid, and what took place after it independently of it remains valid too. Whether a later procedure was built on the void procedure remains a matter assessed in each case.
This article complements Article 189, which requires the court to correct a correctable defect and to rule a procedure void if the defect cannot be corrected, apart from what is stated in Article 188. It is also connected to Article 191, which requires the court, if it finds in the case a fundamental defect that cannot be corrected, to issue a ruling not to hear it, without that preventing it from being brought again if the legal conditions are met.
A person who invokes the voidness of a procedure in his case and wants to know its consequences is best advised to consult a lawyer specialized in criminal cases.
Practical example
A procedure in Younes's case in Makkah was ruled void. The procedures that took place before it remained valid, as did the following procedures that were not built on it, such as hearing a witness whose testimony has no connection to that procedure.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
How we write and review contentA question about Article 190 of Criminal Procedure Law?
Describe what happened and specialist lawyers answer. You can write in English.
- Completely free
- Lawyers from the directory answer
- Your name stays hidden
Criminal Law lawyers: ask a specialist about your case
Describe your situation briefly and we'll suggest a lawyer who specialises in this law
Criminal Law lawyers
Lawyers who handle this kind of case
شركة امتداد النظام للمحاماة والاستشارات المهنية
- Labour & Employment Law
- Criminal Law
- Criminal Law
- Commercial & Corporate Law
Frequently asked questions about Article 190 of the Saudi Criminal Procedure Law
Is the whole investigation void if one procedure is void?
No. The voidness of a procedure does not lead to the voidness of the procedures preceding it, or of those following it if they were not built on it.
Which procedures are affected by the voidness of an earlier procedure?
The text limits non-impact to following procedures not built on the void procedure, so following procedures built on it are not covered by this protection.
Are the procedures carried out before the void procedure affected?
No. The article provides that the voidness of a procedure does not lead to the voidness of the procedures preceding it.
More articles on Criminal Judgment and Nullity of Procedures
- Article 3
The article bars imposing any criminal penalty on a person except after his conviction is proven for an act prohibited by Sharia or by law, following a trial conducted according to Sharia requirements.
لا يجوز توقيع عقوبة جزائية على أي شخص، إلا بعد ثبوت إدانته بأمر محظور شرعًا أو نظامًا بعد محاكمة تُجْرى وفقًا للمقتضى الشرعي.
- Article 7
The article requires the number of judges required by law to attend the sessions hearing a case and the judgment session, and says who is assigned to complete the quorum if the number is not met.
يجب أن يحضر جلسات النظر في القضية وجلسة إصدار الحكم العدد اللازم نظامًا من القضاة؛ فإن لم يتوافر العدد اللازم فيكلف رئيس المحكمة من يكمل النصاب من قضاتها، فإن ت
- Article 8
The article requires judges to deliberate in secret before issuing the judgment, which is issued unanimously or by majority, with the minority's opinion stated and answered in the record, and limits deliberation to those who heard the pleading.
على أعضاء المحكمة أن يتداولوا الرأي سرًّا ويناقشوا الحكم قبل إصداره، وأن يبدي كل منهم رأيه في ذلك. وتصدر الأحكام بالإجماع أو الأغلبية. وعلى الأقلية أن توضح رأيه
- Article 91
The article requires a decision on how seized items are to be disposed of when an order is made to close the case, and also when judgment is given if their return is claimed before the court.
يجب - عند صدور أمر بحفظ الدعوى - أن يُفْصَل في كيفية التصرف في الأشياء المضبوطة، وكذلك الحال عند الحكم في الدعوى إذا حصلت المطالبة بردها أمام المحكمة.
- Article 178
Article 178 provides that if the court rules that an official paper is forged in whole or in part, it orders it canceled or corrected as the case may be, and minutes are drawn up and noted on the paper.
في حال حكم المحكمة بثبوت تزوير ورقة رسمية - كلها أو بعضها - فتأمر بإلغائها، أو تصحيحها - بحسب الأحوال - ويحرر بذلك محضر يؤشر على الورقة بمقتضاه.
- Article 179
Article 179 requires the court to base its ruling on the evidence submitted to it during the hearing of the case, and bars the judge from ruling according to his own knowledge or contrary to his knowledge.
تستند المحكمة في حكمها إلى الأدلة المقدمة إليها أثناء نظر القضية، ولا يجوز للقاضي أن يقضي بعلمه ولا بما يخالف علمه.
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.