Article 23 of the Saudi Public Prosecution Law
المادة 23 من نظام النيابة العامة
The article makes Disciplinary Council sessions confidential, guarantees the member a defense in writing or through a member of the Authority, and allows judgment in his absence if he neither appears nor delegates anyone, after verifying his summons.
Official text (Arabic)
This article has not been amended since the law was issued.
تكون جلسات مجلس التأديب سرية، ويحكم مجلس التأديب بعد سماع دفاع عضو الهيئة المرفوعة عليه الدعوى الذي له أن يقدم دفاعه كتابة، وأن ينيب في الدفاع عنه أحد أعضاء الهيئة، وللمجلس دائما الحق في طلب حضوره بشخصه، وإذا لم يحضر ولم ينب أحدا، جاز الحكم في غيبته بعد التحقق من صحة دعوته.
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 23 explained in plain English
This article sets out the guarantees of the disciplinary trial for a member of the Authority:
- Confidential sessions: the sessions of the Disciplinary Council are confidential.
- Hearing the defense: the Council rules only after hearing the defense of the member against whom the case is brought.
- Ways of defending: the member may submit his defense in writing and may delegate a member of the Authority to defend him.
- Personal attendance: the Council always has the right to require the member to attend in person, even if he has delegated another.
- Judgment in absence: if the member does not attend and does not delegate anyone, judgment may be given in his absence, provided that his summons is verified as valid.
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.
Note that the text specifies who may be delegated as "a member of the Authority" and mentions no one else. Judgment in absence is also discretionary and conditional on the summons to attend being proven valid.
This article follows Article 22, which provides that the disciplinary case lapses on the member's resignation and has no effect on the criminal or civil case. It is followed by Article 24, which requires that the judgment contain its reasons and that the reasons be read out when it is pronounced in a confidential session.
A Public Prosecution member who is referred to the Disciplinary Council should consult a lawyer specialized in administrative cases to understand his rights at this stage.
Practical example
A Public Prosecution member in Jeddah was referred to the Disciplinary Council. He submitted his defense in writing and delegated a colleague, a member of the Authority, to defend him. The Council nevertheless asked him to attend in person, and it always has that right. If he had not attended and had not delegated anyone, the Council could have given judgment in his absence after verifying that his summons was valid.
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 23 of the Saudi Public Prosecution Law
Are the disciplinary sessions of Public Prosecution members public?
No. The sessions of the Disciplinary Council are confidential.
Who defends a Public Prosecution member before the Disciplinary Council?
The member may submit his defense in writing and may delegate a member of the Authority to defend him.
Can a member be judged in his absence?
Yes. If he does not attend and does not delegate anyone, judgment may be given in his absence after verifying that his summons was valid.
More articles on Disciplining Prosecution Members
- Article 14
The article states that Public Prosecution members may not be tried except under the conditions and rules specific to their discipline.
لا تجوز محاكمة أعضاء الهيئة، إلا وفق الشروط والقواعد الخاصة بتأديبهم.
- Article 15Amended (1436 AH)
The article places discipline of Public Prosecution members with a three-member Disciplinary Council in the Authority's council, named by its head, deciding by majority, with decisions final only on the Authority's council approval.
يكون تأديب أعضاء الهيئة من اختصاص دائرة (مجلس التأديب) تشكل في مجلس الهيئة من ثلاثة أعضاء يصدر بتسميتهم قرار من رئيس الهيئة، وتصدر قراراتها بالأغلبية، ولا تكون
- Article 17Amended (1441 AH)
The head of the Inspection Department or his delegate brings the disciplinary case at the Attorney General's request, after an investigation by a member named by the Public Prosecution Council who outranks the member or is senior to him.
يرفع رئيس دائرة التفتيش – أو من ينبيه – الدعوى التأديبية بناء على طلب من النائب العام، ولا تقام هذه الدعوى إلا بناء على تحقيق يتولاه أحد أعضاء النيابة العامة ال
- Article 18
The article requires the disciplinary case to be brought by a memorandum stating the charge and its evidence, submitted to the Disciplinary Council, which issues its decision after calling the accused to appear before it.
ترفع الدعوى التأديبية بمذكرة تشتمل على التهمة الموجهة والأدلة المؤيدة لها، وتقدم إلى مجلس التأديب ليصدر قراره، بدعوة المتهم بالحضور أمام المجلس.
- Article 20
The article allows the Disciplinary Council to conduct the investigations it considers necessary or assign one of its members to do so, and requires the accused to be summoned in sufficient time with an adequate statement of the case and the evidence.
يجوز لمجلس التأديب أن يجري ما يراه لازما من التحقيقات، وله أن يندب أحد أعضائه للقيام بذلك، فإذا رأى مجلس التأديب وجها للسير في إجراءات المحاكمة عن جميع التهم ال
- Article 21
The article allows the Disciplinary Council, when it decides to proceed with the trial, to order the accused suspended from performing his duties, and to review the suspension at any time.
يجوز لمجلس التأديب عند تقرير السير في إجراءات المحاكمة أن يأمر بوقف المتهم عن مباشرة أعمال وظيفته، وللمجلس في كل وقت أن يعيد النظر في أمر الوقف.
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.