Article 52 of the Saudi Law of the Judiciary
المادة 52 من نظام القضاء
The article prohibits judges from disclosing the secrecy of deliberations.
Official text (Arabic)
This article has not been amended since the law was issued.
لا يجوز للقضاة إفشاء سر المداولات.
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 52 explained in plain English
This article sets a duty that is brief in wording but important in effect: judges may not disclose the secrecy of deliberations.
Deliberation is the consultation among the judges who hear a case before judgment is issued, in which each judge presents his opinion and reasons. The article makes what goes on in these deliberations a secret that a judge may not reveal.
The importance of this provision appears in:
- Protecting the judge's independence: a judge states his opinion freely in deliberation without fear that a particular opinion will be attributed to him, and this is connected to Article 1, which provides that judges are independent and that no one may interfere with the judiciary.
The text is absolute: it sets no period for the end of this duty, makes no exception for particular cases, and does not mention the penalty for violating it.
The article falls within a group of job duties of judges. Article 51 prevents combining judicial office with engaging in trade or any work not consistent with the independence and dignity of the judiciary, and Article 53 requires a judge to reside in the town where his place of work is located, with the Supreme Judicial Council allowed, in exceptional circumstances, to permit him to reside temporarily in another nearby town.
Practical example
A circuit of three judges in Riyadh heard a commercial case, and their opinions differed in deliberation before judgment was issued. One of the parties to the case asked one of the judges about his colleague's opinion in deliberation. Under Article 52, a judge may not disclose what went on in deliberation.
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 52 of the Saudi Law of the Judiciary
May a judge disclose what went on in deliberation?
No. Article 52 provides that judges may not disclose the secrecy of deliberations.
Does Article 52 set a penalty for disclosing the secrecy of deliberations?
No. The article is limited to stating the prohibition and does not mention a penalty for violating it.
More articles on Rights and Duties of Judges
- Article 3
The article prevents transferring judges to other posts except with their consent or because of their promotion and in accordance with the Law, without prejudice to Article 49.
مع عدم الإخلال بحكم المادة التاسعة والأربعين من هذا النظام، لا ينقل القضاة إلى وظائف أخرى إلا برضاهم أو بسبب ترقيتهم ووفق أحكام هذا النظام.
- Article 45
The article provides that members of the judicial corps enjoy the rights and guarantees in the Civil Service Law and the Retirement Law and observe the civil service duties that do not conflict with judicial work, without prejudice to the Law of the Judiciary.
مع عدم الإخلال بما يقتضيه هذا النظام من أحكام يتمتع أعضاء السلك القضائي بالحقوق والضمانات المقررة في نظام الخدمة المدنية ونظام التقاعد ، ويلتزمون بما نص عليه نظ
- Article 48
The article provides that the salaries of members of the judicial corps in all their grades follow their own salary scale.
تكون رواتب أعضاء السلك القضائي بجميع درجاتهم وفقًا لسلم الرواتب الخاص بهم.
- Article 49
The article limits transferring and seconding judges within the corps to a decision of the Supreme Judicial Council, and outside it to a royal order, with secondment and loan lasting one year, renewable for another.
لا يجوز نقل أعضاء السلك القضائي أو ندبهم داخل السلك القضائي إلا بقرار من المجلس الأعلى للقضاء . كما لا يجوز نقل أعضاء السلك القضائي أو ندبهم أو إعارتهم خارج الس
- Article 50
The article gives the president of the Supreme Judicial Council, by his decision, the power to grant judges leave within the limits of the provisions governing it.
يرخص رئيس المجلس الأعلى للقضاء - بقرار منه - للقضاة بالإجازات في حدود الأحكام المنظمة لذلك.
- Article 51
The article prohibits combining judicial office with engaging in trade or any post or work inconsistent with judicial independence and dignity, and allows the Supreme Judicial Council to bar a judge from any work that conflicts with his duties.
لا يجوز الجمع بين وظيفة القضاء ومزاولة التجارة، أو أي وظيفة أو عمل لا يتفق مع استقلال القضاء وكرامته. ويجوز للمجلس الأعلى للقضاء أن يقرر منع القاضي من مباشرة أي
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.