Article 19 of the Saudi Public Prosecution Law
المادة 19 من نظام النيابة العامة
The article bars arresting, investigating or prosecuting a Public Prosecution member without the Authority's management committee's permission, and sets rules for flagrante delicto cases, including referral to the committee within 24 hours.
Official text (Arabic)
This article has not been amended since the law was issued.
في حالات التلبس بالجريمة يجب عند القبض على عضو الهيئة وحبسه أن يرفع الأمر إلى لجنة إدارة الهيئة في مدة الأربع والعشرين ساعة التالية، وللجنة أن تقرر استمرار الحبس أو الإفراج بكفالة أو بغير كفالة، ولعضو الهيئة أن يطلب سماع أقواله أمام اللجنة عند عرض الأمر عليها. وتحدد اللجنة مدة الحبس في القرار الذي يصدر بالحبس أو باستمراره، وتراعى الإجراءات السالفة الذكر كلما رئي استمرار الحبس الاحتياطي بعد انقضاء المدة التي قررها المجلس. وفيما عدا ما ذكر لا يجوز القبض على عضو الهيئة أو اتخاذ أي إجراء من إجراءات التحقيق معه أو رفع الدعوى الجزائية عليه، إلا بإذن من اللجنة المذكورة. ويتم حبس أعضاء الهيئة وتنفيذ العقوبات المقيدة للحرية عليهم في أماكن مستقلة.
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 19 explained in plain English
This article sets out special guarantees when criminal proceedings are taken against a member of the Authority, and distinguishes between two cases:
First: flagrante delicto
- If the member is arrested and detained, the matter must be referred to the Authority's management committee within the following 24 hours.
- The committee may decide to continue the detention, or to release him with or without bail.
- The member may ask to have his statements heard before the committee when the matter is put to it.
- The committee sets the period of detention in its decision, and the same procedures are followed whenever it is considered that pretrial detention should continue after the set period has ended.
Second: cases other than flagrante delicto
The member may not be arrested, no investigation procedure may be taken against him, and no criminal case may be brought against him, except with the permission of the committee mentioned.
Place of detention and execution: members are detained, and custodial penalties are executed against them, in separate places.
The article uses the words "the Authority" and "members of the Authority" as worded, and what is meant by them in this Law is the members of the Public Prosecution.
These guarantees do not mean exemption from criminal liability, but regulate its path. They differ from the disciplinary case regulated by Article 18, which is brought by a memorandum containing the charge and the evidence before the Disciplinary Council. Article 20, which follows, allows the Disciplinary Council to conduct whatever investigations it considers necessary.
In any criminal case of this kind, it is advisable to consult a lawyer specialized in criminal cases.
Practical example
A Public Prosecution member was caught in the act of committing a crime in Riyadh, and was arrested and detained. The matter must be referred to the Authority's management committee within 24 hours, and he may ask to have his statements heard before it. The committee then decides to continue his detention and sets its period, or to release him with or without bail. If it were not a flagrante delicto case, he could not be arrested or investigated except with the committee's permission.
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 19 of the Saudi Public Prosecution Law
Can a Public Prosecution member be arrested?
He may not be arrested, investigated or prosecuted in a criminal case except with the permission of the Authority's management committee, other than flagrante delicto cases, where the matter must be referred to the committee within 24 hours.
What happens when a Public Prosecution member is arrested in flagrante delicto?
The matter is referred to the Authority's management committee within 24 hours. It may decide to continue the detention or release him with or without bail, and the member may ask to have his statements heard before it.
Where are Public Prosecution members detained?
They are detained, and custodial penalties are executed against them, in separate places.
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.

