New regulations clarify arrest, search, and asset seizure powers in corruption cases

The official gazette, Umm Al-Qura, has published new regulations outlining the powers of the Oversight and Anti-Corruption Authority (Nazaha) in applying the provisions of the Criminal Procedures Law, its executive regulations, and the Public Prosecution Law. The move aims to organize how the authority exercises its jurisdiction in investigating and prosecuting corruption crimes, specifying detailed powers and procedures at each stage of inquiry, investigation, and trial.

The regulations comprise four sections and 21 articles, defining the roles of the authority's president, the Investigation and Prosecution Unit, heads of divisions and branches, investigators, public prosecutors, and law enforcement officers, in line with the Criminal Procedures Law and the Public Prosecution Law.

Application of criminal procedures in corruption cases

The regulations confirm that the authority applies all provisions of the Criminal Procedures Law and its executive regulations, as well as the authority's own law, at every stage of inquiry, investigation, and trial in corruption cases. Law enforcement officers, investigators, and prosecutors are granted the powers assigned to each under the law, except for those related to prison oversight and inspection.

The president of the authority is also granted the powers of the Public Prosecutor under the Criminal Procedures Law, except as stipulated in Article 112 of the law.

Direct supervision of law enforcement officers

The regulations place law enforcement officers handling corruption cases under the direct supervision of the Investigation and Prosecution Unit, which is authorized to request disciplinary action against any officer who fails in their duties, and to request the filing of a disciplinary case if necessary. This does not preclude the possibility of criminal prosecution when warranted.

Regulating requests to recuse investigators

The regulations specify the competent authority for considering requests to recuse an investigator from a case. The head of the division or branch decides whether to accept or reject such requests according to the relevant rules.

Powers to issue search warrants for residences

The regulations assign the authority to issue search warrants for residences in corruption cases to the head of the division or branch, as appropriate, in accordance with the Criminal Procedures Law.

Seizure of assets and bank accounts

The regulations empower the head of the division or branch to request the seizure and inquiry of funds and bank accounts during investigations, with such requests to be processed through the Saudi Central Bank.

These measures are key tools for tracing and preserving assets linked to corruption crimes until investigations are completed.

Regulating case closure procedures

The regulations set out the process for closing case files, requiring a decision from the deputy head of the Investigation and Prosecution Unit, or their delegate, based on the investigator's recommendation.

Hearing witnesses outside jurisdiction

The regulations allow investigators, after obtaining necessary approvals, to hear witnesses outside their territorial jurisdiction, expediting investigations when needed.

Appointing an alternate investigator if needed

If an investigator is unable to question a detained suspect for reasons attributable to the investigator, the division or branch head will assign another investigator to continue the process, ensuring cases are not delayed.

Orders for the delivery of seized items

The regulations authorize the head of the division or branch to order the delivery of items held by any person if they are related to the crime under investigation, or to allow the investigator to examine them.

Right to appeal and object

The regulations outline procedures for appealing certain investigation decisions, including detention orders or their extension, and specify the competent bodies to consider such appeals based on the issuing authority.

Detention extension up to 40 days

The regulations allow the head of the division or branch to issue orders extending a suspect's detention for one or more consecutive periods, provided the total does not exceed 40 days from the date of arrest.

If the investigation requires a longer detention, the matter is referred to the authority's president, who may delegate this power to the head of the Investigation and Prosecution Unit.

Approval of release and case closure orders

The regulations set procedures for approving orders to release detained suspects and to close cases. Normally, the head of the division or branch handles these, but for major crimes, the authority's president must approve before the decision takes effect, with the option to delegate this power to the unit head.

Accountability for Investigation Unit members

The regulations also cover disciplinary measures for Investigation Unit members. The head of the division or branch may warn any member who breaches their duties, with the right to object and request an inquiry. A committee will review such objections, and repeated or ongoing violations may result in disciplinary action.

Unified procedural framework

The regulations provide a unified procedural framework for how the Oversight and Anti-Corruption Authority exercises its powers in investigating and prosecuting corruption crimes. They clarify internal responsibilities, order issuance, appeals, and powers related to detention, search, and asset seizure, ensuring transparency and consistency in line with Saudi Arabia's judicial system.