Article 30 of the Saudi Emergency Law

This article allows a degree of procedural flexibility in hearing emergency crimes, but surrounds it with two restrictions.

What is permitted? Emergency orders may specify:

• Special periods.
• Special procedures.

for hearing crimes of violating the provisions of the Law or emergency orders, that is, the crimes punishable under Article 27.

The first restriction: necessity. This is within the limits required by the nature of the state of emergency, so special procedures may not be extended beyond what the situation requires.

The second restriction: safeguards. It is a condition that this does not prejudice the safeguards set out in the relevant laws. Special procedures may not reduce the safeguards established in those laws. The article does not name those laws or list the safeguards.

The article is linked to Article 29, which makes the Law of Criminal Procedure apply to the public criminal action in these crimes and makes investigating, bringing and pursuing the action the responsibility of the Public Prosecution. This article allows special periods and procedures to be introduced into that general framework, subject to the two stated restrictions.

The wording is permissive («may include»), so not every emergency order must contain such procedures. If it does, one must refer to the text of the order itself to know them, and it is important to note that some emergency orders may be exempt from publication if they are stated to be confidential under Article 13.

Anyone accused whose case is being heard under special procedures set by an emergency order can consult a lawyer who specializes in criminal cases to verify that their safeguards are respected.