Article 49 of the Saudi Criminal Procedure Law

المادة 49 من نظام الإجراءات الجزائية · الفصل الرابع: تفتيش الأشخاص والمساكن

The article bars the judicial police officer from opening sealed or closed papers he finds in the accused's home, and requires him to record them in the search record and present them to the competent investigator.

Official text (Arabic)

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

إذا وجد رجل الضبط الجنائي في مسكن المتهم أوراقًا مختومة أو مغلقة بأي طريقة فلا يجوز له أن يفضها، وعليه إثبات ذلك في محضر التفتيش وعرضها على المحقق المختص.

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 49 explained in plain English

This article deals with a specific situation during the search of the accused's home: finding papers that are sealed or closed in any manner, such as closed envelopes or sealed files.

The article sets three rules:

The prohibition: the judicial police officer may not open these papers, meaning he may not open them or break their seal.
Recording: he must record their existence in the search record.
Presentation: he must present them to the competent investigator.

This means that reviewing the contents of these papers is not within the judicial police officer's powers, and that the decision regarding them rests with the investigator. This protects the privacy of the papers and ensures that they are seen only by whoever the Law authorizes.

This rule is linked to Article 48, which requires that all measures taken during the search, and the measures taken with respect to the items seized, be recorded in the search record. It is also linked to Article 50, which requires, before leaving the place of the search, that the items and papers seized be placed in a closed container that is sealed, with the date of the record written on a strip inside the seal, and the matter for which the seizure took place indicated.

Anyone whose private papers were seized in a search and who wants to know what happened to them may consult a lawyer specialized in criminal cases.

Practical example

While searching an accused's house in Buraidah, the judicial police officer found an envelope sealed with wax in a desk drawer. He may not open it, but records its existence in the search record and presents it to the competent investigator.

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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