Rights of the Accused and Arrest Procedure Under Saudi Law

The short answer

Article 2 of the Law of Criminal Procedure prohibits arresting, searching, detaining or imprisoning anyone except in cases prescribed by law, and bans physical or psychological harm and torture. Article 4 gives every accused person the right to counsel or an agent at both investigation and trial, and Articles 36 and 116 require that an arrested person be told the grounds immediately and be allowed to contact someone of their choosing. In flagrante delicto, defined in Article 30, an arrested person may not be held more than twenty-four hours without a written order from the investigator.[1]

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The Law of Criminal Procedure, issued by Royal Decree No. M/2 of 22/1/1435H, sets out a set of basic guarantees for anyone facing arrest or detention in the Kingdom. This page presents those guarantees with their article numbers — as general awareness information, not an assessment of any specific case and not a substitute for consulting a licensed lawyer. Source 1

The general rule in Article 2: no arrest except in cases prescribed by law

Article 2 provides that no person may be arrested, searched, detained or imprisoned except in the cases prescribed by law, and that detention or imprisonment may only be in the places designated for each and for the period determined by the competent authority. Every such measure therefore requires a specific statutory basis, a designated place, and a period set by the competent authority. Source 2

The ban on harm in Articles 2 and 36

Article 2 adds in its second paragraph: harming an arrested person physically or psychologically is prohibited, as is subjecting them to torture or treatment degrading to dignity. Article 36 repeats the rule at the detention stage: a detainee must be treated in a manner preserving their dignity and may not be harmed physically or psychologically. The ban applies at both stages, whatever the type of case. Source 3

The right to counsel in Article 4

Article 4 provides that every accused person has the right to be assisted by an agent or a lawyer to defend them at both the investigation and trial stages, and that the law's regulations set out the rights of the accused that must be notified. Article 65 confirms the first limb: the accused has the right to be assisted by an agent or lawyer attending the investigation. Source 4

Notification of the grounds and the right to contact: Articles 36 and 116

This right sits in the Law itself, not only in a regulation. Article 36 provides that a detainee must be informed of the grounds for their detention and has the right to contact someone of their choosing. Article 116 states it in broader and faster terms: Source 5

Everyone arrested or detained is notified immediately of the grounds for their arrest or detention. Source 6
They have the right to contact whomever they see fit to inform. Source 7
This takes place under the supervision of the criminal investigation officer. Source 8

What is flagrante delicto? The Article 30 definition

The whole twenty-four-hour rule hangs on the description "flagrante delicto", and Article 30 defines it precisely: an offence is flagrante in the course of its commission, or shortly after it, and is also treated as such in the following cases: Source 9

Where the victim pursues a person immediately after the offence. Source 10
Where the public pursues them with shouting immediately after it. Source 11
Where the perpetrator is found shortly after it carrying tools, weapons, goods, implements or other things indicating they are the perpetrator or an accomplice. Source 12
Where marks or traces indicating this are found on them at that time. Source 13

In flagrante: two periods, not one — Articles 33 and 34

Article 33 permits a criminal investigation officer, in flagrante delicto, to arrest a present accused against whom sufficient evidence exists, provided they draw up a record and immediately notify the Bureau of Investigation and Public Prosecution. In all cases, the arrested person may not be held for more than twenty-four hours without a written order from the investigator. Where the accused is not present, the officer must issue an order for their arrest and production, and state that in the record. Source 14

Article 34 then adds a second period that is often overlooked: the officer must immediately hear the arrested person's statements, and where sufficient evidence appears likely, send them within twenty-four hours with the record to the investigator, who must interrogate them within twenty-four hours, and then order their detention or release. The statutory path is two consecutive periods ending in a decision: detention or release. Source 15

Outside flagrante: Article 35

Outside cases of flagrante delicto, no person may be arrested or detained except by an order from the authority competent to do so. Whether flagrante delicto existed within the meaning of Article 30, or whether a valid statutory order issued, is for the competent judicial and investigative authorities to assess on the facts of each case. Source 16

After detention: the right of complaint in Article 39

Every prisoner or detainee has the right to submit — at any time — a written or oral complaint to the director of the prison or detention facility, and to ask that it be conveyed to a member of the Bureau of Investigation and Public Prosecution. The director must accept it and convey it immediately after recording it in a register kept for that purpose, and give the complainant proof of receipt. Source 17

Summary of the guarantees and where they sit

Guarantee	Article and what it provides
Lawfulness of arrest	Article 2: no arrest, search, detention or imprisonment except in cases prescribed by law Source 18
Place and period of detention	Article 2: only in the designated places, and for the period determined by the competent authority Source 19
Ban on harm	Articles 2 and 36: physical and psychological harm, torture and degrading treatment prohibited Source 20
Right to counsel	Articles 4 and 65: an agent or lawyer at investigation and trial Source 21
Notification and contact	Articles 36 and 116: immediate notification of the grounds, and the right to contact someone Source 22
Definition of flagrante	Article 30: during commission or shortly after, plus the four attached cases Source 23
Arrest period in flagrante	Article 33: a record, immediate notification, and a 24-hour maximum without a written order Source 24
Transfer and interrogation	Article 34: sent to the investigator within 24 hours, interrogated within 24 hours, then detention or release Source 25
Outside flagrante	Article 35: no arrest or detention except by order of the competent authority Source 26
Detainee's complaint	Article 39: written or oral, at any time, conveyed immediately with proof of receipt Source 27

When do you need a licensed lawyer?

This page presents the text of the law only. It contains no assessment of any incident, no practical steps for dealing with an ongoing investigation or charge, and no evaluation of any case's likely outcome. Applying these guarantees to an actual situation — determining whether flagrante delicto existed within the meaning of Article 30, whether a valid statutory order issued under Article 35, or how the periods in Articles 33 and 34 run — requires specialist legal judgement. Where there is an actual report, summons, arrest or charge, contacting a licensed lawyer immediately is the appropriate step to establish the rights and procedures that apply to your situation; nothing here substitutes for that. Source 28

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Frequently asked questions

Can I be arrested at any time and without a reason?

No. Article 2 of the Law of Criminal Procedure provides that no person may be arrested, searched, detained or imprisoned except in the cases prescribed by law, and that detention or imprisonment may only be in the places designated for each and for the period determined by the competent authority.[1]

Can I be harmed during arrest or investigation?

No. Article 2 bans harming an arrested person physically or psychologically, and bans subjecting them to torture or treatment degrading to dignity. Article 36 requires a detainee to be treated in a manner preserving their dignity and repeats the ban on physical and psychological harm.[1]

Do I have a right to a lawyer?

Article 4 provides that every accused person has the right to be assisted by an agent or a lawyer to defend them at both the investigation and trial stages, and that the law's regulations set out the rights of the accused that must be notified. Article 65 confirms the accused's right to be assisted by an agent or lawyer attending the investigation.[1]

When is an offence considered flagrante delicto?

Article 30 defines it as an offence in the course of its commission, or shortly after it. It is also treated as flagrante where the victim pursues a person, or the public pursues them with shouting immediately after the offence; where the perpetrator is found shortly after it carrying tools, weapons, goods, implements or other things indicating they are the perpetrator or an accomplice; or where marks or traces indicating this are found on them at that time.[1]

What is the maximum time I can be held without a written order?

In flagrante delicto, Article 33 permits a criminal investigation officer to arrest a present accused where sufficient evidence exists, provided a record is drawn up and the Bureau of Investigation and 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. Article 34 then requires them to be sent within twenty-four hours to the investigator, who must interrogate them within twenty-four hours and then order detention or release.[1]

Can a detainee file a complaint?

Yes. Article 39 provides that every prisoner or detainee has the right to submit, at any time, a written or oral complaint to the director of the prison or detention facility and to ask that it be conveyed to a member of the Bureau of Investigation and Public Prosecution. The director must accept it, convey it immediately after recording it in a register kept for that purpose, and give the complainant proof of receipt.[1]

Official sources

Source	Article / reference	As of
Law of Criminal Procedure — Royal Decree No. M/2 of 22/1/1435H, Bureau of Experts at the Council of Ministers	Article 2 (no arrest, search or detention except as prescribed; ban on harm and torture), Article 4 (counsel or an agent at investigation and trial), Article 30 (definition of flagrante delicto), Articles 33 and 34 (arrest in flagrante and the two twenty-four-hour periods), Article 35 (outside flagrante, no arrest except by order of the competent authority), Article 36 (treatment of a detainee, notification of grounds, right to contact), Article 39 (a detainee's complaint), and Article 116 (immediate notification of the grounds for arrest)	2026-07-25

Change log

2026-07-07Legally reviewed and published
2026-07-25Corrected against the primary text: each guarantee is now attributed to its article, where the source had only described them without numbers; the duty to state the grounds for arrest and the right to contact someone were moved from an uncited executive regulation to Articles 36 and 116 of the Law itself; added the definition of flagrante delicto in Article 30; added the second twenty-four-hour period in Article 34 (transfer to the investigator, then interrogation), where the page had described only one; and added the right of complaint in Article 39

Content on this site is general legal information, not legal advice, and is no substitute for consulting a licensed lawyer. We link you to official sources and do not represent any government body.