Article 23 of the Saudi Ministers Trial Law

المادة 23 من نظام محاكمة الوزراء

The article provides for a retrial of a person convicted in absentia within thirty days of his appearance or arrest, and treats the judgment as one given in his presence if he flees or refuses to attend.

Official text (Arabic)

This article has not been amended since the law was issued.

في حالة صدور حكم غيابي بالإدانة، تعاد المحاكمة عند حضور المحكوم عليه أو ضبطه، وتعاد المحاكمة خلال ثلاثين يوما من تاريخ الحضور أو الضبط، فإذا فر المحكوم عليه أو امتنع عن حضور جلسات إعادة المحاكمة، يعتبر الحكم الصادر بمثابة الحكم الحضوري.

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 23 explained in plain English

This article addresses the case of a conviction in absentia, that is, a judgment issued without the accused being present:

Retrial: the trial is repeated when the convicted person appears or is arrested.
Period: the retrial takes place within thirty days of the date of appearance or arrest.
If he flees or refuses: if the convicted person flees or refuses to attend the retrial sessions, the judgment issued is treated as a judgment given in his presence, that is, it is treated as though it had been issued while he was present.

As its wording says, the article concerns an in-absentia judgment of conviction. Its purpose is to give him the chance to defend himself if he appears, while preventing absence or flight from being used to hold up the judgment.

It is preceded by Article 22, which prohibits punishing the accused for an act not in the referral decision or beyond the Law's penalties, and followed by Article 24, which makes the trial panel competent over all related offenses and over the trial of principal perpetrators and accomplices.

This is a general explanation of the text, not an opinion on any particular case. Anyone who needs an assessment of a specific situation should consult a lawyer specializing in criminal and administrative cases.

Practical example

A former minister who was outside the Kingdom is convicted in absentia. Months later he returns and appears, so his retrial must take place within thirty days of the date he appears. But if he refused to attend the retrial sessions, the first judgment would be treated as a judgment given in his presence.

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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