Article 29 of the Saudi Criminal Procedure Law
المادة 29 من نظام الإجراءات الجزائية · الفصل الأول: جمع المعلومات وضبطها
The article treats a complaint by a person harmed by the crime as a claim for his private right unless he expressly states before the investigator that he waives it, and requires the waiver to be recorded and witnessed, with court ratification for retaliation and the hadd of defamation.
Official text (Arabic)
This article has not been amended since the law was issued.
تعد الشكوى المقدمة ممَّن أصابه ضرر بسبب الجريمة مطالبة بحقه الخاص، إلا إذا قرر صراحة أمام المحقق نزوله عن حقه. وعلى المحقق إثبات ذلك في المحضر والإشهاد عليه، مع تصديق المحكمة المختصة على نزوله عن الحق في القصاص وحد القذف.
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 29 explained in plain English
This article regulates the effect of a complaint filed by a person harmed by a crime, and how the private right is waived.
The rule: a complaint filed by a person harmed by the crime is treated as a claim for his private right; the harmed person does not need a separate request to be considered as claiming his right.
The exception: if the harmed person expressly states before the investigator that he waives his right, his complaint is not treated as a claim for it. The waiver must therefore be express and made before the investigator.
The investigator's duties upon waiver:
- Recording the waiver in the record.
- Having it witnessed.
A special case: if the waiver is of the right to retaliation (qisas) or the hadd of defamation (qadhf), the waiver must in addition be ratified by the competent court.
This article is connected to Article 28, which allows judicial police officers, while gathering information, to hear the statements of those who have information and question the person accused of committing the crime. The effect of a waiver is also understood in light of Article 23, which makes the pardon of the victim or his heir a ground for ending the private criminal action, without preventing the public-right action from continuing.
Because an express waiver is recorded and witnessed, anyone considering waiving their right should consult a lawyer specialized in criminal cases first.
Practical example
Yousef filed a complaint against a person who had publicly defamed him in a public place in Riyadh, and after a settlement between them he decided to waive. Under this article, he is not considered to have waived unless he expressly states so before the investigator, who records his waiver in the record and has it witnessed; and because the matter concerns the hadd of defamation, the competent court must also ratify the waiver.
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 29 of the Saudi Criminal Procedure Law
Is a complaint considered a claim for the private right?
Yes. A complaint filed by a person harmed by the crime is treated as a claim for his private right, unless he expressly states before the investigator that he waives his right.
How is the private right waived?
The harmed person expressly states before the investigator that he waives his right, and the investigator records this in the record and has it witnessed.
Does waiving retaliation require court ratification?
Yes. The competent court must ratify the waiver of the right to retaliation and of the hadd of defamation.
More articles on Private Right and Compensation
- Article 16
The article gives the victim or whoever acts for him, and his heir after him, the right to bring the criminal case in cases involving a private right and pursue it, with the court notifying the public prosecutor to attend.
للمجني عليه - أو مَنْ ينوب عنه - ولوارثه من بعده، حق رفع الدعوى الجزائية في جميع القضايا التي يتعلق بها حق خاص، ومباشرة هذه الدعوى أمام المحكمة المختصة. وعلى ال
- Article 17
The article does not allow bringing the criminal case or investigating private-right crimes except upon a complaint from the victim, his representative or his heir, unless the Bureau of Investigation and Public Prosecution sees a public interest.
لا تجوز إقامة الدعوى الجزائية أو إجراء التحقيق في الجرائم الواجب فيها حق خاص للأفراد إلا بناءً على شكوى من المجني عليه، أو ممَنْ ينوب عنه، أو وارثه من بعده إلى
- Article 18
The article provides that if the court finds a conflict between the interest of the victim or his heir and that of his representative, the representative is barred from continuing to plead and another representative is appointed.
إذا ظهر للمحكمة تعارض بين مصلحة المجني عليه أو وارثه من بعده وبين مصلحة نائبه؛ فَيُمْنَع النائب من الاستمرار في المرافعة، ويقام نائب آخر.
- Article 23
The article sets two situations in which the private criminal action ends, a final judgment and a pardon by the victim or his heir, and states that the pardon does not prevent the public-right action from continuing.
تنقضي الدعوى الجزائية الخاصة في إحدى الحالتين الآتيتين: 1 - صدور حكم نهائي. 2 - عفو المجني عليه أو وارثه. ولا يمنع عفو المجني عليه أو وارثه من الاستمرار في دعوى
- Article 64
If an order archiving the case is issued, the investigator must notify the victim and the private claimant, and if one of them has died, all his heirs at the deceased's place of residence.
إذا صدر أمر بالحفظ وجب على المحقق إبلاغ المجني عليه والمدعي بالحق الخاص، وفي حال وفاة أحدهما يكون الإبلاغ لورثته جميعهم في مكان إقامة المتوفى.
- Article 69
A person harmed by a crime may claim his private right during the investigation, decided within 3 days with objection within a week, and the parties and their lawyers may attend the investigation as the regulations provide.
1 - لمن لحقه ضرر من الجريمة أن يدّعي بحقه الخاص أثناء التحقيق في الدعوى، ويفصل المحقق في مدى قبول هذا الادعاء خلال ثلاثة أيام من تاريخ تقديمه إليه. ولمن رُفِضَ
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.