Article 4 of the Saudi Law on Replacing Fines with Imprisonment
المادة 4 من نظام استبدال الغرامة بالحبس
If a person has several fines within one year, only the largest may be replaced by compensatory imprisonment; others may be added until the term reaches one year, fines absorbed into the term lapse, and the rest must be paid.
Official text (Arabic)
This article has not been amended since the law was issued.
إذا تعددت الغرامات المحكوم بها على الشخص في مدة سنة واحدة فيمكن استبدال أكبرها مبلغا فقط طبقا لأحكام هذا النظام، ويلزم المحكوم عليه بدفع بقية الغرامات، على أنه إذا كانت أكبرها تقل عن المبلغ الذي يوفيه الحبس التعويضي لمدة سنة يجوز أن تجمع إليها غرامة أو أكثر من تلك الغرامات حتى يبلغ الحبس التعويضي سنة واحدة، وكل غرامة دخلت كلها أو بعضها في مدة الحبس التعويضي تسقط عن المحكوم عليه، أما باقي الغرامات فيلزم بدفعها.
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 4 explained in plain English
This article deals with the case of a person who has had several fines imposed on him within one year, and sets the following provisions:
- The rule: only the largest fine by amount may be replaced by compensatory imprisonment under the provisions of this Law, and the convicted person must pay the remaining fines.
- The exception: if the largest fine is less than the amount that compensatory imprisonment for a full year satisfies, one or more of the other fines may be added to it until the compensatory imprisonment reaches one year.
- Effect of entering the term of imprisonment: every fine that has been absorbed, wholly or partly, into the term of compensatory imprisonment lapses for the convicted person.
- What remains: the convicted person must pay the remaining fines that were not absorbed into the term of imprisonment.
The article does not state expressly the figure for "the amount that compensatory imprisonment for a year satisfies"; it links it to the one-year period and to the provisions of this Law on replacement. It is also connected to Article 3, which identifies the authority competent to issue the replacement decision: the Presidency of the Council of Ministers if a fine and imprisonment were imposed as a discretionary penalty, and the Minister of Interior if the judgment was a fine only.
The aim of this article is that a multiplicity of fines does not turn into a long term of imprisonment exceeding one year, while the obligation to pay what does not fall within the term of imprisonment remains. Assessing what is absorbed into the term of imprisonment and what remains in a specific case is a matter on which it is best to consult a lawyer who specializes in criminal or enforcement cases.
Practical example
Three fines were imposed on Abdullah within one year: SAR 1,500, SAR 1,000 and SAR 800. Under this article, the largest of them, SAR 1,500, is replaced by compensatory imprisonment, and if it is less than the amount that compensatory imprisonment for a year satisfies, one or more fines may be added to it until the imprisonment reaches one year. Every fine absorbed, wholly or partly, into the term of imprisonment lapses for him, and what remains outside it he must pay.
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 4 of the Saudi Law on Replacing Fines with Imprisonment
Are all fines replaced by prison if there are several?
No. If several fines are imposed within one year, only the largest by amount may be replaced, and the convicted person must pay the rest, unless others may be added to it until the imprisonment reaches one year.
When may several fines be combined into compensatory imprisonment?
If the largest fine is less than the amount that compensatory imprisonment for a year satisfies, one or more fines may be added to it until the compensatory imprisonment reaches one year.
Does a fine lapse if part of it is absorbed into compensatory imprisonment?
Yes. Every fine absorbed, wholly or partly, into the term of compensatory imprisonment lapses for the convicted person, while the remaining fines must be paid.
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.