Article 1 of the Saudi Law on Replacing Fines with Imprisonment
المادة 1 من نظام استبدال الغرامة بالحبس
The article prohibits replacing imprisonment with a fine when carrying out judgments, allows a fine to be replaced by imprisonment under the Law's conditions, and authorizes the Council of Ministers to replace a fine with work.
Official text (Arabic)
This article has not been amended since the law was issued.
لا يجوز في تنفيذ الأحكام أن يستبدل الحبس بالغرامة، ويجوز أن تستبدل الغرامة بالحبس بالشروط والقيود التي يبينها هذا النظام.
ويسمى الحبس الذي يعوض عن الغرامة بـ " الحبس التعويضي " في أحكام هذا النظام.
ولمجلس الوزراء إذا اقتضت المصلحة العامة ذلك أن يستبدل التشغيل بالغرامة على أن يصدر قرار ينظم به أحوال هذا الاستبدال وشروطه وأحكامه.
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 1 explained in plain English
This article sets the basic rule of the whole Law, made up of three provisions:
- Imprisonment is not replaced by a fine: if a sentence of imprisonment is issued, it may not be converted, in carrying it out, into a financial fine that the convicted person pays instead of serving the term.
- A fine may be replaced by imprisonment: the reverse is possible, so a fine imposed by judgment may be replaced by imprisonment, but not absolutely; only under the conditions and restrictions set out in this Law. The Law calls this imprisonment "compensatory imprisonment" because it compensates for the fine.
- Replacing a fine with work: the Council of Ministers may, where the public interest requires, replace a fine with work, provided that a decision is issued regulating the cases, conditions and provisions of this replacement. The article does not give the details of this decision; they are left to what the Council of Ministers issues.
Article 2 then sets out the conditions of compensatory imprisonment, including a decision by the Minister of Interior in the public interest, proof under Sharia of the convicted person's insolvency, and how the term of imprisonment is calculated against the amount of the fine. Article 1 opens the door, and the following articles of the Law set out how it is used.
In practical terms, a person sentenced to imprisonment cannot get out of it by paying money, and a person fined cannot have the fine replaced by imprisonment except within the controls set out in the Law. A person in a situation that calls for an assessment of his position is best advised to consult a lawyer who specializes in criminal cases.
Practical example
Khaled has been sentenced to three months' imprisonment and asks whether he can pay a sum of money instead of serving the term. Under this article, imprisonment may not be replaced by a fine when carrying out the sentence, so the sentence of imprisonment stands. But if he had been sentenced to a fine only, it might be replaced by compensatory imprisonment within the conditions and restrictions set out in the Law.
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 1 of the Saudi Law on Replacing Fines with Imprisonment
Can a fine be paid instead of a prison sentence?
No. The article provides that imprisonment may not be replaced by a fine when carrying out judgments.
What is compensatory imprisonment?
It is imprisonment that compensates for a fine, that is, imprisonment by which a fine imposed by judgment is replaced under the conditions and restrictions of this Law.
Can a fine be replaced by work?
The article allows the Council of Ministers, where the public interest requires, to replace a fine with work, provided that a decision is issued regulating the cases, conditions and provisions of this replacement.
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.