Article 16 of the Saudi Donation Collection Law

This article identifies the authority competent for investigation and prosecution of violations of the Donation Collection Law, which is the Public Prosecution. According to the text it has two tasks:

• Investigating violations of the provisions of the Law.
• Prosecuting before the competent court.

The practical effect is that violations of this Law are not settled by an administrative decision alone, but may go through an investigation path handled by the Public Prosecution, then prosecution before the competent court. This article does not identify the particular competent court, or the investigation procedures; those are subject to the regulations governing the work of the Prosecution and the courts.

This article is connected to Article 15, which gives the Public Prosecution, alongside the licensing authority and the Presidency of State Security, the right to request a precautionary attachment on the bank accounts of any licensed entity or natural or legal person who collects donations in a way that violates the Law, for a period not exceeding 60 days extendable by a judicial order, having regard to the Law of Associations and Civil Foundations and the right of a party acting in good faith.

Article 17 follows, setting the penalties and providing that the competent court handles violations of the Law and applies the penalties. Anyone summoned for investigation over a violation of this Law would do well to engage a lawyer who specializes in criminal cases.