Criminal Law in Saudi Arabia - Term Paper Example

Criminal Law in Saudi Arabia – Civil and Saudi law Contents 1.INTRODUCTION 3 2.THE RESEARCH PROBLEM 3 3.RESEARCH METHODS 4 a.Collection of Data 4 b.Archives: purposeful, unexpected, antiquities: 4 c.Files/Artifacts: 4 4.THESIS STATEMENT 4 5.MAJOR DIFFERENCES BETWEEN THE CRIMINAL LAW AND COURT PROCEDURES OF THE SAUDI CRIMINAL LAW AND THE CIVIL LEGAL MODULES 5 a.Punishment 5 b.Burden of proof 5 5.2.Protections for criminal defendants 6 6.SIMILARITIES BETWEEN THE CRIMINAL LAW AND COURT PROCEDURES OF THE SAUDI CRIMINAL LAW AND THE CIVIL LEGAL MODULES 6 7.TO WHAT EXTENT WOULD THIS BE PRECLUDED BY VIRTUE OF DIFFERENT SOURCES AND LEGITIMIZING PROCESSES BETWEEN THE TWO SYSTEMS 8 8.SUMMARY AND RECOMMENDATIONS 9 9.REFERENCES 10 1. INTRODUCTION The present Saudi judicature framework got developed by Emperor Aziz Abdul, who established the Saudi Arabia Territory during 1932, and got acquainted with the nation in periods somewhere around 1928 and 1970. It includes general as well as rundown Sharia judicatures, with a number of managerial tribunals for managing clashes on particular present day standards. The goal of this article is to clarify the similitudes and contrasts between criminal law plus court processes of the Saudian criminal decree along with the common legitimate modules. The paper will likewise examine the degree to which Saudi legitimate framework and the common lawful model impact one another and additionally the degree to which this is prohibited by ethicalness of distinctive sources along with legitimizing procedures involving the 2 systems. Finally there will be conclusions and proposals. 2. THE RESEARCH PROBLEM The easy is aimed at answering the following research questions What significant differences exist between the criminal law and court procedures of the Saudi criminal law and the civil legal modules? What similarities are there? As a result of the findings above, to what extent might it be possible for the Saudi legal system and the civil legal model to influence each other? To what extent would this be precluded by virtue of different sources and legitimizing processes between the two systems? The answers to these questions will be vital in understanding the processes that take place in the criminal law in Saudi and the court proceedings that are often adopted in ensuring the proper rule of law. The questions aim at drawing distinct lines that exist between these two aspects of the law in Saudi, examining at the ways in which they can be used to enhance a right focus on human rights in Saudi (Alrabaa, 2010). If the country can manage to achieve this important milestone, then it set a good example of other countries in the East and other parts of the world, where the law is not effectively practiced. 3. RESEARCH METHODS a. Collection of Data Information accumulation will contain archives (school magazines, notices, bulletins, arrangement articulations, outlines and more casual relics, for instance) b. Archives: purposeful, unexpected, antiquities: Document examination is a thing that will occur simultaneously with interrogations because they’ll give the premise to refining inquiries and potentially changing them crosswise over eras. c. Files/Artifacts: Unpremeditated records comprise of real antiques, for example, regalia, report forms, memorabilia as well as endowments. 4. THESIS STATEMENT This paper establishes the framework for the upcoming examinations on diverse topics of criminal system. The hypothetical and legitimate bases of criminal technique are investigated. It additionally depicts the patterns of criminal technique on Saudi Arabia since time immemorial; models of criminal equity; significant criminal equity frameworks of the world and their structure 5. MAJOR DIFFERENCES BETWEEN THE CRIMINAL LAW AND COURT PROCEDURES OF THE SAUDI CRIMINAL LAW AND THE CIVIL LEGAL MODULES a. Punishment A standout amongst the most major differences involving Civil Law as well as criminal law in Saudi Arabia is inside the idea of discipline. Criminal law: within criminal rule, a liable respondent in Saudi Arabia is indicted through either (a) imprisonment in a correctional facility or jail, (2) penalty incurred towards the state, or, inside uncommon cases, (3) indictment of a litigant: death punishment. Also in Saudi’s criminal law, wrongdoings are partitioned into 2 wide classes: lawful offenses contain a greatest conceivable imprisonment of over one decade detainment; misdeeds contain a most extreme conceivable judgment of under one decade imprisonment (Rori & Mary, 2015). Common law: interestingly, in Saud’s civil procedures, an offender within common prosecution is by no means imprisoned as well as never charged. Generally, the non-succeeding offender in common litigation merely compensates the party offended for damages caused by the conducts of the offender (Rori & Mary, 2015). b. Burden of proof Criminal Law: In Saudis criminal prosecution, the weight of confirmation is dependably on the state. The government should demonstrate that the litigant is liable. The litigant is thought to be honest; the respondent requires confirming nothing. On the off chance that the litigant wishes to assert that she’s crazy, and subsequently not blameworthy, the respondent bears the weight of demonstrating her craziness. Different exemptions incorporate respondents who claim self-preservation or pressure (Rori & Mary, 2015). Also, in Saudi Arabia’s criminal law, the government has to demonstrate that a litigant fulfilled every component of the constitutional meaning of the wrongdoing, as well as the respondents interest, "past a sensible uncertainty." It ‘s hard to place a legitimate statistical importance onto the likelihood that a blameworthy individual truly carried out the wrongdoing, however lawful powers that o relegate a statistical importance for the most part say "no less than 0.98 percent or 0.99 percent" sureness of blame (Rori & Mary, 2015). Civil/Common law: In Saud’s Civil/common lawsuit, the weight of confirmation is at first on the offended party. Be that as it may, there are various specialized circumstances in which the weight moves towards the respondent. For instance, when the offended party has made an at first sight case, the weight moves towards the litigant to discredit or counter the offended partys confirmation (Rori & Mary, 2015). 5.2. Protections for criminal defendants Criminal Law: In Saudi’s criminal procedure, police by and large have to first acquire a court order in a procedure demonstrating an "unbiased and separated" justice that there’s "reasonable justification", before looking or snatching things from a mans home. Common Law: in Saudis common law, a lawyer may demand files or travelling inside a house. Also in Saudi’s common law, a lawyer might request data from the contradicting group regarding whichever issue which is significant towards the complaint stipulated that data isn’t special. Moreover in Saudi’s common law, a lawyer might appropriately request data that would be unacceptable at probation, if this request "seems sensibly made to prompt the disclosure of allowable confirmation". A lawyer might also use the testimony of nonparticipants within a common case, as well as oblige them to carry files alongside them (Rori & Mary, 2015). 6. SIMILARITIES BETWEEN THE CRIMINAL LAW AND COURT PROCEDURES OF THE SAUDI CRIMINAL LAW AND THE CIVIL LEGAL MODULES In Saudi’s court system, mutually Criminal law as well as civil law gives money reprieve in favor of the affected. Regardless of one might receive relies on upon whether an offender has sufficient money or possessions to compensate. Contingent upon your condition, you may implement either a common judgment otherwise criminal compensation request through embellishing a part of the respondents income otherwise letting a sheriff snatch property. In case you are a casualty of wrongdoing, you might still allow the judge into having the offenders property relinquished. The extent at which Saudi legal system and the civil legal model influence each other In 19th century Saudi Arabia, amalgamation of state law couldnt get founded on common law still authoritatively look into it. This prohibition of common law from the development to bring together the rule is obvious in rulings which, instead of taking into consideration the likelihood of a swap of resolutions involving the 2 frameworks as well as a sure level of correspondence of impact. The rulings upheld a one direction relative law examination, from regular law to civil law. This subsequently is far-flung expelled from acknowledgment of the equivalent importance of the conventions and the pattern to acknowledgment of common law as a commandment that’s particular and self-governing from civil law within Saud Arabia setting (Sulayman, 2001). Along these lines, it’s regularly trusted that Saudi Arabian civil rule drew less from common law. However, inside the Saudi Arabian High Court case law before repatriation of the redrafting court, there’re cases where common law guidelines contained an impact on civil law rules. Be that as it may, as Glenn noticed, this impact for the most part conveyed itself straightforwardly through the reference of English rulings which alluded to citizen sources. Another conceivable cause for the impact of criminal law onto common law involves the reference of choices onto Saudi Arabia criminal law by the council of Privy, which would afterward have gotten utilized as points of reference for issues that comes from a civil law purview. In any case, no such illustrations were found (Sulayman, 2001). 7. TO WHAT EXTENT WOULD THIS BE PRECLUDED BY VIRTUE OF DIFFERENT SOURCES AND LEGITIMIZING PROCESSES BETWEEN THE TWO SYSTEMS In Saudi Arabia, trials for offenses are often referred to as bench trials (Emanuel, 2010). Here, the courts often give little regard for legal formalities as well as the procedure code that is common with criminal offenses. According to Emanuel (2010) this is perhaps one of the reasons why the country has been reported to give little attention to the gross violations of human rights. The procedure code that was issues in the country in 2001 has been largely ignored, something that has raised many issues concerning the manner in which the rule of the law in the country is managed. There is little regard for civil law in Saudi, perhaps because the civil law system is associated with the west, which has been vocal in advocating for human rights issues in Saudi Arabia. The fact that the court procedures have often been ignored on many occasions has meant that the approaches used in punishing criminal convicts have raised a lot of human rights issues (Hefner, 2011). With the criminal procedure code having been ignored by the law enforcers in the country, different measures have been taken, which have been deemed effective in punishing the criminals inasmuch as they are sometimes inhumane. Some of the punishments from criminal offenders have included stoning, public beheading, lashing and even amputation of limbs. All these forms of punishments have not been accepted internationally as well as in the law as demonstrated by advanced economies. Criminal offences in Saudi Arabia are wide; including not just the crimes accepted internationally but also includes sorcery, apostasy, witchcraft and even adultery (Alrabaa, 2010). Besides the normal police force that is often used in the country, there is also a secret unit of the police known as the “Religious Police” and the “Mabahith.” The Mabahith is responsible for enforcing the Islamic moral and social norms (Emanuel, 2010). All these developments have often contradicted with the international bodies that advocate for effective practice of human rights. 8. SUMMARY AND RECOMMENDATIONS So far, issues of human rights have been the centre of heavy criticisms in Saudi Arabia and other countries in the East. The country needs to make a lot of reforms in its legal institutions for purposes of ensuring that criminal law is effective administered in a fair manner. One of the ways is having women empowerment structure. At the moment, the country’s laws seem to discriminate against women, something that has been heavily criticized. Women empowerment is one of the things that advanced economies have given a lot of preference. The country’s legal systems need to understand that everyone is equal under the law and that there should be no discrimination of whichever kind. There should be legal comparative studies where the country can look at how other countries have managed to build effective legal systems for managing criminal activities and other legal violations. The process can include inviting experts to discuss some of the crucial elements regarding human rights practice in the country. 9. REFERENCES Alrabaa, S. (2010). Veiled atrocities: True stories of oppression in Saudi Arabia. Amherst, N.Y.: Prometheus Books. Emanuel, S. (2010). Criminal law (4th ed.). New York, NY: Aspen. Rori D & Mary A. (2015). Crime and punishment: Islamic State vs Saudi Arabia. Retrieved from Sulayman L. (2001). Human rights in Islam and their applications in the Kingdom of Saudi Arabia. Saudi Arabia: [publisher not identified]. Read More