سلطة المدعي العام في قرارات حفظ الاتهام في المملكة العربية السعودية: "دراسة مقارنة"

Abstract EN

Investigator makes his decision of filing the accusation of the accused for insufficient evidence and any power of public prosecutor to consider or comment on the investigator’s estimation will be taken away.

Therefore, the complexity regarding power of the investigator in filing the accusation and this requires the public prosecutor’s interference and this matter pushed me to write in this subject.

I use comparative analytical method through analyzing the provisions in the Saudi law and comparing it to Egyptian and Jordanian law.

I reached many results; the most important of which is that there is no power for public prosecutor in the decision of filing accusation and Attorney General has the power of authenticating decision of filing accusation in the serious crimes such as murder, drugs, and bribery and forgery crimes.

Decision of filing accusation, its evidences and causes is subject to the control of Attorney General and investigation department heads.

This control is initiated by investigation department heads and Attorney General and not practiced by criminal justice, court of appeal or higher court.

Therefore, we recommend that investigation department will inform public prosecutor of the decision of filing accusation as he is decision of filing accusation as he is deputy of the society based on allegiance to ruler and one of the litigants in the penal lawsuit for approval.

Public prosecutor will give the power of cancelling the decision of filing accusation within one week and to show causes of his decision and its grounds and if he fails to use his power during that period his right of cancellation will be forfeited.

He may assign to criminal justice the right of objection to the decision of filing accusation by litigants and if there is an objection, the case papers will be sent to penal court.

The court will inform public prosecutor to appear and do as necessary and consider the lawsuit and appeal against the decision of filing accusation before court of appeal.

In addition, they have the right to appeal against higher court.