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  • Chapter 3 Procedures

    • Article 4

      The State Security Presidency shall be responsible for criminal control and deduction functions, including search, detection, control criminal and administrative persecution, collection of evidence, indicators, financial investigation and operations of secret nature, as well as identification, tracking seizing and keeping of funds of suspected persons, proceeds and instrumentalities for the crimes set forth in this Law.

    • Article 5

      The Public Prosecution may issue a warrant of arrest or summon any person suspected of committing a crime provided for in this Law.

      In all cases, the arrested person may not be held for more than (7) days except by written order, as per the procedures and requirement specified by the implementing regulation.

    • Article 6

      1.The Public Prosecution may at its own motion or upon the request of the criminal investigating officer, order that any person, a financial institution, designated none-financial businesses or nonprofit organization provide records, documents or information, the requested party shall execute the request rightly and accurately as specified in the order and without delay. In the case of the request issued to the financial institutions, the request shall be executed through the supervisory authority. The Implementing Regulations of this Law shall set forth the relevant mechanisms.
       
      2.The state security presidency may at its own motion or upon the request of the criminal investigating officer, order that any person, a financial institution, designated none-financial businesses or nonprofit organization provide records, documents or information the requested party shall execute the request rightly and accurately as specified in the order and without delay. In the case of the request issued to the financial institutions, the request shall be executed through the supervisory authority. The Implementing Regulations of this Law shall set forth the relevant mechanisms.
       
      3.A person who has been served with an order under Sup (1) and (2) of this article, shall not disclose to any person the existence except where such a disclosure is made to a competent officer for the purpose of complying with the order; or where such a disclosure is made to other staff or members of the management for the purpose of obtaining advice or determining steps to comply with the order.
       
    • Article 7

      1.The Public prosecutor may issue a search order to enter houses, offices or premises, at any time during the period specified in the search order- to search, arrest persons seize funds, properties, documents, evidences or information in any of the crimes indicated in this Law.
       
      2.In case of taking any of the procedures stated in Sup (1) of this Article against any of the financial institutions, designated non-financial businesses and professions or non-profit organizations, the respective supervisory authority of these entities shall be notified.
       
      3.In case of exigent circumstances, no permit shall be required to perform any of the procedures stated in Sup 1 of this article, provided that a report shall written within 24 hours indicating the reason and grounds of urgency, and the implementing regulation shall clarify the exigent circumstances.
       
    • Article 8

      The Attorney General of the Public Prosecution may issue a reasoned order to monitor and have access to evidence, records and messages, including letters, publications, parcels and all communication instrument and information and documents saved in electronic systems relating to any of the crimes stated in this Law, and to intercept, seize and records all these materials.

    • Article 9

       1-The Public Prosecution may order the competent authority the provisional seizure, on an urgent basis without prior notice the party concerned, on the funds, instrumentalities or proceeds suspected to be connected to any of the crimes set forth in this Law, and will be used therein and which will be subject to confiscation.
       
       2-The President of the State Security may, at the stage of deduction, order the competent authority to urgently effect a provisional seizure, with prior notice to the party concerned, on funds, instrumentalities or proceeds suspected of being connected with any of the crimes stated in this Law, or will be used therein and shall be subject to confiscation. Notification to the Public Prosecution shall be made within a limited time not exceeding 72 hours.
       
    • Article 10

       1-The president of the State Security, may ban a person suspected of committing any of the crimes stated in this Law from travel outside the Kingdom, or may take other measures relating to his travel or return and should notify the Public Prosecution within 72 hours of the issuance of order. The order may include not notify the suspect what had been taken against him where the security interest requires so.
       
       2-The Attorney General of the Public Prosecution, may ban a accused person to committed crimes stated in this Law from travel outside the Kingdom. The order issued may include not notify the suspect what had been taken against him where the investigation requires so.
       
    • Article 11:

      Without prejudice to civil right, the Public Prosecution may stop the proceeding of the prosecution against any person who reports a crime provided for in this Law, prior to or after its commission, and cooperates with the competent authorities during the investigation for the purpose of apprehending the remaining perpetrators of said crime or of another crime similar in kind and gravity, or leads the authorities to wanted persons or persons plotting to commit similar crimes.

    • Article 13:

      The convicted of crimes under this law may not be provisionally released except temporary by order of the president of the State Security throughout the execution of the sanction, and the implementing regulation shall specify the requirement and condition.

    • Article 14:

      The president of the State Security may issue controls and procedures to ensure the safety of the released persons in the crimes stipulated in this Law.

    • Article 15

      The criminal investigation officers or military officers responsible to combating the crimes provided for in this Law may use force in accordance with the rules stipulated in the competent law.

    • Article 16:

      A person accused or convicted of one of the crimes provided for in this Law, who sustains damage due to prolonged detention or imprisonment, may petition the President of the State Security seeking indemnification prior to appearing before the specialized criminal court. The petition shall be reviewed by a settlement committee formed for such purpose, pursuant to a decision by the president. Said committee shall comprise at least three members, including a Sharia counselor and a legal counselor. Committee decisions shall be taken by majority within a period not exceeding ninety days from the date of filing the petition.

    • Article 17

      With prejudge to the provision stipulated for the Custom authority in the AML law, , and upon suspicion of the financing of terrorism, the Customs Authority shall seize immediately the suspect currency or bearar negotiable instruments, gold bullion, precious metals or precious stones, whatever their value, refer it and its holder to the competent authority to proceed with the required procedures, and notifying the General Directorate of Financial Intelligence, and the implementing regulation shall specify the provision to implement this article.

    • Article 18

      The Public Prosecution shall investigate and prosecute crimes stipulated in the present Law at competent court.

    • Article 19

      The Public Prosecution may order the detention of any person accused of a crime provided for in this Law for a period, or successive periods, not exceeding any period above 30 days, and not exceed in total for twelve months. In the cases where the investigation requires longer periods of detention, the matter shall be referred to the specialized criminal court to decide on the extension.

    • Article 20

      Without prejudice to the right of the accused to inform his family of his arrest, the public prosecution may issue an order barring contact with the accused for a period not exceeding ninety days if the investigation so warrants. If the investigation requires a longer period, the matter shall be referred to the specialized criminal court for decision thereon.

    • Article 21

      Without prejudge the right of the person to seek the assistance of a licensed lawyer to defend himself, the public prosecution may restrict this right if the investigation required so.

    • Article 22

      Without prejudice to the rights of other third parties, the Public Prosecution shall have the power to determine, trace and trace funds, instrumentalities and proceeds that may be subject to confiscation.

    • Article 23

      Investigation proceedings or filing of criminal cases relating to crimes provided for in this Law or crimes related thereto shall not be conditional upon a complaint by the victim, his representative or his heirs.

      The civil claimant may file his case before the specialized criminal court after the completion of the investigation relating to public right.

    • Article 24

      The specialized criminal court shall decide on the following: 
       
       1-Crimes set forth in this Law.
       
       2-Claims for annulment of decisions and claims for compensation in connection with the application of this Law.
       
       3-Requests for the execution of final foreign judgments relating to any terrorist offense or terrorist financing offense, including those relating to the confiscation of funds, proceeds or instruments associated with any such offense.
       
        The judgments issued in respect of Sup (1) and (2) of this article shall be appealed at the Specialized Supreme Criminal Court, and may be challenged before a specialized circuit at the Supreme Court as per the circumstance stipulated in the Criminal Procedures law.
       
    • Article 25

      The competent court may issue a conviction in the absence of the accused in the commission of any of the offenses provided for in this Law if it is reported by means of notification or an official media. Upon arrest or attendance, the sentenced person shall be brought to the court, which rendered the absentee conviction for re-prosecution.

    • Article 26

      If there are several crimes related to each other, one of which is one of the crimes provided for in this Law, the competent court shall decide on all crimes against the accused, unless separate documents of these crimes are settled before being submitted to the Court.

    • Article27

       1-The competent court-if needed- may seek the assistance of experts, and may conduct the testimony of witnesses in the absence of the accused person and his lawyer. The accused or his lawyer shall be informed of the content of the expert report and the testimony without disclosing the identity of person made it. Necessary protection must be provided as required by the state of the witness or expert, the circumstances of the case and the types of potential risks.
       
       2-The president of the competent court may, at the time of the proceedings, permit the recording, transmission or presentation of any proceedings of the trial.
       
    • Article 28

      The competent authority may execute the order of a provisional seizure of funds or instrumentalities or proceeds promptly.

    • Article 29

      1.The prosecution in any of the crimes provided for in this Law shall not be eliminated by the extension of the period.
       
      2.In the case of the preservation of the papers or the prosecution of the accused – due to the loss of eligibility
       
      -in any of the crimes provided for in this Law, he shall be placed in a specialized treatment center, provided that when the absence of symptoms of incapacity is presented to the Public Prosecution to consider the resumption of the prosecution.