Article 13 of the Saudi Public Prosecution Law
المادة 13 من نظام النيابة العامة
The article provides that, other than death, reaching the legal age and failure to prove fitness during probation, a Public Prosecution member's service ends by royal order on a decision of the Public Prosecution Council.
Official text after amendments (Arabic)
Compiled from the original text and every officially published amendment; the amendments are shown in full below for comparison.
في غير حالات الوفاة، وبلوغ السن النظامية، وعدم ثبوت صلاحية العضو خلال فترة التجربة؛ تنتهي خدمة عضو النيابة بأمر ملكي بناء على قرار من مجلس النيابة
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 13 explained in plain English
This article sets out the legal instrument for ending the service of a Public Prosecution member, and distinguishes between two kinds of cases:
- Excepted cases: death, reaching the legal age, and failure to prove the member's fitness during the probationary period. The rule in this article does not apply to them.
- All other cases: in them the member's service ends by royal order on a decision of the Public Prosecution Council.
Going back to Article 12, which lists the grounds for ending service, the cases that fall under the rule are: acceptance of resignation, acceptance of a request for retirement under the Civil Retirement Law, inability to carry out the work for health reasons, receiving a rating below average in the efficiency report three consecutive times, and termination of service on disciplinary grounds.
The article does not state the instrument by which service ends in the three excepted cases; it merely takes them out of the scope of the royal order.
Amendments: the current text was issued by Royal Decree No. (M/125) dated 14/9/1441 AH, and uses the title "Public Prosecution Council".
It is followed by Article 14, which provides that members of the Authority may not be tried except under the conditions and rules specific to their discipline.
On questions about the ending of a Public Prosecution member's service, it is advisable to consult a lawyer specialized in administrative cases.
Practical example
A Public Prosecution member in Dammam submitted his resignation, and it was accepted. Because resignation is not one of the excepted cases, his service ends by a royal order issued on a decision of the Public Prosecution Council.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
How we write and review contentAdministrative Law lawyers: ask a specialist about your case
Describe your situation briefly and we'll suggest a lawyer who specialises in this law
Administrative Law (Board of Grievances) lawyers
Lawyers who handle this kind of case
Dr. Ali Al-Rubaie Law Office and Ittihad Al-Asr Legal Company
Al-Safwa Law Office and Legal Consultancy
Frequently asked questions about Article 13 of the Saudi Public Prosecution Law
How does a Public Prosecution member's service end?
Other than death, reaching the legal age and failure to prove fitness during the probationary period, his service ends by royal order on a decision of the Public Prosecution Council.
Does death require a royal order to end service?
The article excepts death from the royal order rule, as well as reaching the legal age and failure to prove fitness during the probationary period.
Amendment history
Royal Decree No. M/125 — 14/9/1441 AH
Official amendment text (Arabic)
-عُدلت هذه المادة وذلك بموجب المرسوم الملكي رقم (م/125) وتاريخ 1441/9/14هـ، لتصبح بالنص الآتي: "في غير حالات الوفاة، وبلوغ السن النظامية، وعدم ثبوت صلاحية العضو خلال فترة التجربة؛ تنتهي خدمة عضو النيابة بأمر ملكي بناء على قرار من مجلس النيابة".
Original text before the amendments (Arabic)
في غير حالات الوفاة وبلوغ السن النظامية وعدم ثبوت صلاحية العضو خلال فترة التجربة، تنتهي خدمة عضو الهيئة بأمر ملكي بناء على قرار من لجنة إدارة الهيئة وطلب وزير الداخلية.
More articles on End of a Prosecution Member's Service
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.