المسؤولية الجنائية للوزراء في النظام الدستوري السعودي : مقارنة بالأنظمة المشابهة في كل من (الكويت، الأردن، فرنسا)‎

Abstract EN

The main problem posed by the criminal responsibility of ministers in the Saudi system is how the Saudi legislator has organized it in comparison with similar legislation in force in Kuwait, Jordan and France.

Is the process of criminal prosecution of ministers before mixed bodies a violation of the work of the judiciary to dispossess it from its right to control, which is originally assigned to it? Is the criminal accusation of ministers by any party, other than the public prosecutor, an act that violates the principle of the separation of powers? What is the legal status of the body before which the trial is carried out? This study aims at presenting the effect of investigating the criminal responsibility of ministers and demonstrating that this method is very effective if used properly.

This is conducted in the context of a comparative analysis of the criminal responsibility of ministers, particularly in the Saudi constitutional system, vis-à-vis its counterparts in Kuwait, Jordan and France.

Following are the main results of the study: (1) the body that has the right to address criminal charges to ministers is public prosecution and it is not prohibited to cover this right with conditions and regulations to ensure the regularity of governmental work; (2) the criminal indictment of ministers by public prosecution is an act that does not violate the principle of the separation of powers but rather strengthens the ability of this body to meet the requirements of indictment.

The most important recommendations are: (1) assigning the trial of ministers in the Saudi system to a judicial body, and (2) advising the Saudi legislator to put a system where the authority to accuse ministers is granted to the public prosecutor