Article 19 of the Saudi Anti-Corruption Authority Law

This article deals with what is known as illicit enrichment and sets an exceptional rule of evidence. Its provisions are:

1. Conditions for applying it:

• The person is a public employee or anyone treated as one.
• His wealth has increased after he took up the post in a way that is out of proportion to his income or resources.
• This is based on indications grounded in financial investigations that he committed a corruption crime.

2. Consequence: the burden of proof shifts. The burden of proof is on him to establish that the cash or in-kind funds he holds were acquired by lawful means. This includes his spouse, children and first-degree relatives.

3. If he fails to prove it:

• The results of the financial investigations are referred to the Unit (the Investigation and Criminal Prosecution Unit) to investigate him.
• The Unit takes the legally required steps to bring a criminal case before the competent court to seek his punishment under the requirements of Sharia and the law.
• The case includes a request for the recovery or confiscation of funds connected to the crime if it is established.

Note that the shift in the burden of proof does not rest on a mere increase in wealth. It requires indications grounded in financial investigations. Failure to prove the source also does not mean automatic conviction. It leads to investigation and a criminal case, and the judgment remains for the competent court.

The article is linked to Article 18, which makes dismissal follow a judgment convicting an employee of a corruption crime, and to Article 20 on the flight or death of the accused. A person asked to prove the source of his funds should consider using a lawyer who specializes in criminal cases.