Article 38 of the Saudi Pharmaceutical Establishments Law
المادة 38 من نظام المنشآت والمستحضرات الصيدلانية والعشبية
The article requires violations covered by paragraph (2) of Article 35 to be referred to the Public Prosecution for investigation and then to the competent court.
Official text (Arabic)
This article has not been amended since the law was issued.
إذا كانت المخالفة مشمولة بحكم الفقرة (2) من المادة (الخامسة والثلاثين) من النظام، فتحال إلى النيابة العامة؛ للتحقيق فيها، وإحالتها إلى المحكمة المختصة وفقاً للإجراءات النظامية.
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 38 explained in plain English
This article sets the path for serious violations. If a violation is covered by paragraph (2) of Article 35, it is:
- Referred to the Public Prosecution for investigation.
- Then referred to the competent court in accordance with legal procedures.
Paragraph (2) of Article 35 concerns the acts in paragraphs (1), (2), (4), (7) and (8) of Article 34, and its penalty is imprisonment for a period not exceeding 10 years, or a fine not exceeding SAR 10,000,000, or both, with temporary closure or license cancellation also possible.
In practice, this means these violations are not heard by the violations committee; Article 37 expressly excludes them from the committee's jurisdiction, so they follow the route of criminal investigation and then trial.
The text does not name the competent court; it only refers to it 'in accordance with legal procedures'.
It is followed by Article 39, which allows the judgment or decision imposing the penalty to include publication of its operative part at the violator's expense. A person who is a party to a case of this kind should consult a lawyer specialized in criminal cases.
Practical example
The Authority caught a person printing counterfeit wrappers for a well-known medicine with intent to defraud. This act falls under paragraph (8) of Article 34 and is covered by paragraph (2) of Article 35, so it is referred to the Public Prosecution for investigation and then to the competent court.
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 38 of the Saudi Pharmaceutical Establishments Law
Who investigates medicine adulteration cases?
The Public Prosecution, if the violation is covered by paragraph (2) of Article 35.
Does the violations committee hear adulteration cases?
No. These violations are referred to the Public Prosecution and then to the competent court, and Article 37 excludes them from the committee's jurisdiction.
What is the penalty for violations referred to the Prosecution?
Imprisonment for a period not exceeding 10 years, or a fine not exceeding SAR 10 million, or both, under paragraph (2) of Article 35.
Articles this article refers to
More articles on Pharmacy Law Violations Committee and Grievance
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.