The Law of Criminal Procedure sets out a set of core safeguards for anyone facing arrest or detention in Saudi Arabia. This page explains what the law provides on when an arrest may lawfully occur, what rights it guarantees an accused person during investigation and trial, and the rules governing flagrante delicto cases and detention periods — as general awareness information only, not an assessment of any specific case and not a substitute for advice from a licensed lawyer.

The general rule: no arrest without a legal basis

The law provides that no person may be arrested, searched, detained, or imprisoned except in cases prescribed by law. Detention or imprisonment may only take place in facilities designated for that purpose, and only for the period set by the competent authority. This rule means any such measure requires a specific statutory basis — not the personal discretion of whoever is carrying it out.

Ban on physical and psychological harm

The law bans physically or psychologically harming an arrested person, and bans subjecting them to torture or degrading treatment. This ban applies regardless of the type of case or the stage of proceedings, covering both the arrest and investigation stages.

The right to counsel or an agent

The law provides that every accused person has the right to counsel or an agent during both the investigation and trial stages. The law's executive regulations require that an arrested or detained person be informed, at the time of arrest or detention, of the following:

  • The reasons for the arrest or detention.
  • Their right to counsel or an agent.
  • Their right to contact someone of their choosing.

Flagrante delicto: immediate arrest and the 24-hour rule

In a flagrante delicto case, a criminal investigation officer may arrest the accused present at the scene where there is sufficient evidence of the offense, provided the Public Prosecution is notified immediately. The arrested person may not be held for more than twenty-four hours without a written order from the investigator.

Outside flagrante delicto: an order from the competent authority is required

Outside a flagrante delicto case, no person may be arrested or detained except by order of the competent authority, under the conditions set out in the law. This means that, outside flagrante delicto, the absence of a proper order from the competent authority is itself a statutory question for the competent judicial and investigative authorities to assess on the facts of each case.

Summary of the core safeguards

| Safeguard | What the law provides | | --- | --- | | Lawfulness of arrest | No arrest, search, detention, or imprisonment except in cases prescribed by law | | Place and duration of detention | Designated facilities only, for the period set by the competent authority | | Ban on harm | Bans physical or psychological harm, torture, and degrading treatment | | Right to counsel | Right to counsel or an agent at investigation and trial | | Notice of rights | The arrested person must be told the reasons for arrest, their right to counsel, and their right to contact someone | | Flagrante delicto | Immediate arrest where evidence is sufficient, with immediate notice to the Public Prosecution, and a 24-hour cap without a written order from the investigator | | Outside flagrante delicto | No arrest or detention except by order of the competent authority |

When do you need a licensed lawyer?

This page presents the rights and safeguards as they appear in the published law only. It does not assess any specific incident, provide practical steps for handling an active investigation or charge, or evaluate the likely outcome of any case. Applying these safeguards to an actual situation — such as determining whether flagrante delicto conditions were met, whether a proper statutory order was issued, or how to handle an ongoing interrogation — requires specialized legal judgment. Where there is a report, summons, arrest, or an actual charge, contacting a licensed lawyer immediately is the appropriate step to understand the rights and procedures relevant to your situation, and nothing on this page is a substitute for that.