Article 21 of the Saudi Anti-Corruption Authority Law
المادة 21 من نظام هيئة الرقابة ومكافحة الفساد · الباب الثالث: أحكام متصلة بمكافحة جرائم الفساد
The article allows the President of the Authority, where an investigation yields strong suspicions affecting the dignity of the post or integrity, to propose an employee's dismissal by royal order after consulting the head of his agency, without affecting the criminal case.
Official text (Arabic)
This article has not been amended since the law was issued.
إذا أسفر التحقيق مع الموظف العام أو من في حكمه عن وجود شبهات قوية تمس كرامة الوظيفة أو النزاهة جاز لرئيس الهيئة -بعد أخذ رأي رئيس الجهاز الذي يتبع له الموظف- اقتراح فصله بأمر ملكي، دون أن يؤثر ذلك على استكمال إجراءات الدعوى الجنائية في حقه.
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 21 explained in plain English
This article provides an employment measure before any judgment is issued in a corruption case. Its provisions are:
- Who is covered: the public employee or anyone treated as one.
- Condition: that the investigation of him yields strong suspicions affecting the dignity of the post or integrity.
- Who proposes: the President of the Authority. The word "may" means that the proposal is discretionary, not obligatory.
- Prior step: obtaining the opinion of the head of the agency to which the employee belongs.
- Instrument of dismissal: a royal order. The President of the Authority only proposes and does not dismiss himself.
- Independence of the criminal case: this does not affect the completion of the criminal case procedures against the employee.
The difference between this article and Article 18 is fundamental. Article 18 makes dismissal follow a judgment of conviction for a corruption crime, whereas this article allows dismissal to be proposed on the basis of strong suspicions arising from the investigation, before judgment. It is therefore subject to safeguards: the strength of the suspicions, obtaining the opinion of the head of the agency, and dismissal being issued by royal order.
The article is also linked to Article 20 on the flight or death of the accused, and to Article 22, which allows the Authority to conduct financial settlements with those who have taken the initiative to request them among those who committed corruption crimes.
A person facing this measure should consider consulting a lawyer who specializes in administrative or criminal cases.
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 21 of the Saudi Anti-Corruption Authority Law
Can an employee be dismissed before a judgment is issued in a corruption case?
If an investigation yields strong suspicions affecting the dignity of the post or integrity, the President of the Authority may propose his dismissal by royal order after obtaining the opinion of the head of the agency to which he belongs.
Who issues the dismissal decision in this case?
The dismissal is issued by royal order on the proposal of the President of the Authority.
Does the dismissal stop the criminal case?
No. This does not affect the completion of the criminal case procedures against the employee.
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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.