Article 18 of the Saudi Protection of Whistleblowers, Witnesses, Experts and Victims Law
المادة 18 من نظام حماية المبلغين والشهود والخبراء والضحايا
The article bars criminal proceedings against a whistleblower, witness or expert unless the report is proven malicious, the testimony false, or the expertise false or grossly negligent, and private-right claims are heard only after.
Official text (Arabic)
This article has not been amended since the law was issued.
لا تقام الدعوى الجزائية ضد المبلِّغ أو الشاهد أو الخبير إلا في الحالات الآتية:
1- إذا ثبت أن بلاغ المبلِّغ كيدي.
2- إذا ثبت أن شهادة الشاهد زور.
3- إذا ثبت أن الخبرة التي قدمها الخبير كذب أو تضمنت إهمالاً جسيماً.
وفي جميع الأحوال لا تقبل دعوى الحق الخاص إلا بعد إقامة الدعوى الجزائية.
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 18 explained in plain English
This article protects those who cooperate with justice from being prosecuted for cooperating. It provides that no criminal proceedings may be brought against a whistleblower, witness or expert except in the following cases:
- If it is proven that the whistleblower's report is malicious.
- If it is proven that the witness's testimony is false.
- If it is proven that the expertise provided by the expert is false or involved gross negligence.
The rule is that criminal proceedings are not brought against a whistleblower, witness or expert; the exception is limited to these cases, and in all of them it must be "proven". Note that for the expert, the case covers gross negligence as well as falsehood.
The article then adds a procedural rule: in all cases, a private-right claim is not accepted except after criminal proceedings have been brought. Anyone who believes they were harmed by a report, testimony or expertise therefore cannot have their private claim accepted until criminal proceedings have been brought.
The text mentions the whistleblower, witness and expert, and does not mention the victim. The whistleblower, witness and expert here are as defined in Article 1, that is, those connected to a crime covered by the provisions of the Law.
The article is linked to Article 19, which provides that the State bears the cost of treating a protected person if they are assaulted for the reasons for which protection was decided. Anyone who wants to assess their position in a case of this kind should consult a lawyer who specializes in criminal cases.
Practical example
Saad reported a serious crime that he suspected someone in Taif had committed, and the accusation against that person was later not proven. No criminal proceedings are brought against Saad over his report unless it is proven that the report was malicious, and if that person wants to claim his private right, his claim is not accepted until criminal proceedings have been brought.
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 18 of the Saudi Protection of Whistleblowers, Witnesses, Experts and Victims Law
Can a witness be prosecuted criminally for their testimony?
No criminal proceedings are brought against a witness unless it is proven that their testimony is false.
When is a whistleblower held accountable for a report?
No criminal proceedings are brought against a whistleblower unless it is proven that their report is malicious.
Is an expert liable for an error in their report?
Criminal proceedings are brought against an expert if it is proven that their expertise is false or involved gross negligence.
When is a private-right claim accepted against a whistleblower or witness?
In all cases, it is accepted only after criminal proceedings have been brought.
More articles on Malicious Reports and False Testimony
- Article 22
The article provides that failure to prove guilt against the person a report, testimony or expertise was given against does not affect the protection, as long as it was given in good faith and on serious grounds.
لا يؤثر عدم ثبوت الإدانة على من قُدّم البلاغ أو الشهادة أو الخبرة ضده؛ على الحماية المقدمة للمشمول بالحماية، ما دام قدم البلاغ أو الشهادة أو الخبرة بحسن نية وبن
- Article 23
The article requires the whistleblower, witness and expert to reimburse all protection expenses if the report is proven malicious, the testimony false, or the expertise false or grossly negligent.
دون إخلال بما تضمنه أي نظام آخر من أحكام، يلزم المبلِّغ والشاهد والخبير بإعادة قيمة جميع النفقات التي دُفعت لتوفير الحماية، إذا ثبت أن البلاغ كان كيديًّا أو أن
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.