Common Offenses in Saudi Arabia

• Drinking, selling or manufacturing alcohol
• Caught with boyfriends/girlfriends
• Possession of pornographic materials
• Soliciting sex.
• Using or selling drugs
• Gambling, Lotto, Sabong
• Theft
• Using fake documents
• Embezzlement in various forms
• Bribery

Arrest and Detention

• The vast majority of Filipinos in the Kingdom are productive and law-abiding residents of the Kingdom. Be that as it may, a knowledge of Saudi rules on arrest is beneficial for Filipinos to protect their rights.

GENERAL RULES

• No person shall be arrested, searched, detained, imprisoned except in cases provided by law to be done in places designed for such purposes and for periods prescribed by competent authorities. (Art. 2) ??????? Criminal Procedure Law
• Arrested person should NOT be
• Subjected to bodily harm, moral harm, torture or degrading treatment. (Art 2)
• Any accused person has the right to a lawyer or a representative to represent him during investigation and trial stages (Art 4)
• Sentences are appealable by the convicted person or by the prosecutor. (Art 9)

THE BASIC RULE ON ARREST: NO PERSON SHALL BE  ARRESTED EXCEPT ON BASIS OF ORDER FROM A COMPETENT AUTHORITY

The Saudi Criminal Procedures provides two instances for an arrest to be made:

• Based upon a warrant of arrest issued by a competent authority
• For acts committed in flagrante delecto (caught in the act)

Rights of arrested person:

• To be treated decently
• Not to be subjected to bodily harm
• Not to be subjected to moral harm
• To be advised on the reason of his detention
• To be entitled to communicate with any person of his choice to inform him of his arrest.
• To be imprisoned or detained only in places designated for such purpose.
• A prisoner or detainee shall have the right to submit, at any time, a written or verbal complaint to the prison or detention center officer and request that he communicate it to a member of the Bureau of Investigation and Prosecution and detention authorities must provide the prisoner or detainee an acknowledgement of receipt.

The Consulate could become the representative of an accused because International Law grants the Consulate  certain Consular Powers with respect to representing Filipinos

Consular Functions

The 1963 Geneva Convention on Consular Relations specify consular functions as consisting of:

• Protecting the interest of Filipinos within limits permitted by international law (art.  5,  par (a))
• Helping and assisting Filipinos (art. 5, par (e))
• Representing or arranging representation to Filipinos before tribunals and other authorities for purposes of obtaining, in accordance with law, provisional measures for the preservation of rights and interest of Filipinos when Filipinos are at that time unable to protect their rights or interests (art. 5, par (i))

In addition, it is assumed that:

• Consular officers shall have free access to Filipinos, and Filipinos should have free access to Consular officers (art 36, par (a))
• If the Filipino so requests, authorities shall inform, without delay, inform the Consulate that the Filipino is arrested, committed to prison, under custody pending trial or is detained in any manner. Such communication should be relayed without delay and the Filipino should be informed without delay that he has such right to communicate.
• Consular officers shall have the right to visit a Filipino who is in prison, custody or detention and to converse and correspond with him to arrange legal representation.