What Are the Elements of the Crime of Bribery Under Saudi Law?

Bribery is considered one of the crimes that are treated very seriously in Saudi Arabia due to its negative impact on individuals’ trust in public institutions. Saudi legislation has established strict laws and regulations to combat this serious crime, protect national interests and public funds, and punish those who accept bribes and unlawfully obtain benefits to which they are not entitled.

However, Saudi law requires that the elements of the crime of bribery be present before an act can be legally classified and punished as bribery. These elements have been clearly defined and must be established for the offense to be considered a bribery crime.

In this article, we explain the elements of the crime of bribery under Saudi law, what bribery means, and the penalties prescribed by Saudi legislation.

What Is Bribery Under Saudi Law?

Under Saudi law, bribery may be defined as any benefit, advantage, gift, or promise offered by a person to an official or public employee in order to induce them to perform an act related to their official duties, breach their duties, or refrain from performing an act connected with their position.

Bribery is considered a criminal offense under the Saudi Anti-Bribery Law, whether committed by the person receiving the bribe or the person offering it. The relevant provisions may also apply to persons working in both the public and private sectors according to the applicable legal framework.

Elements of the Crime of Bribery Under Saudi Law

The crime of bribery under Saudi law consists of three main elements, which can be explained as follows:

• The Material Element:

The material element of the crime of bribery consists of the following:

• The Act: This refers to the actions carried out by the public employee in connection with obtaining the bribe, including agreeing or promising to perform the act requested by the bribe-giver in exchange for the offered amount.
• The Criminal Result: The criminal result is represented by the public employee receiving the bribe.
• Causal Link: This link exists when the public employee receives the bribe as a result of the acts constituting the bribery offense.

• The Mental Element:

The mental element of the crime of bribery consists of the following:

• • Criminal Intent: This element is established when the offender knows that the acts being committed constitute an offense punishable under Saudi criminal law and nevertheless proceeds with those acts.
• Specific Criminal Intent: The intent exists when the offender intends to achieve the criminal result, represented by the bribe-giver offering the bribe and the recipient accepting it, regardless of whether the recipient actually intends to perform the requested act.

• The Presumed Element:

This element is also referred to as the legal or statutory element. It means that the bribery offense must arise in connection with a public function; in other words, the person receiving the bribe must be a public employee or a person entrusted with providing public services.

How Does the Anti-Bribery Law Regulate the Penalty for Bribery?

Saudi legislation has established a number of legal provisions explaining the penalties for bribery in order to punish persons who commit this offense.

Article (1) of the Anti-Bribery Law states:

“Any public employee who requests for himself or another person, accepts, or receives a promise or gift in return for performing an act within the duties of his position, or which he claims falls within his duties, even if that act is lawful, shall be considered a bribe recipient and shall be punished by imprisonment for a period not exceeding ten years and a fine not exceeding one million Saudi riyals, or by either of these penalties. The employee’s intention not to perform the act promised shall not affect the establishment of the offense.”

This article explains the basic element of the bribery offense, which is that a public employee requests or accepts a gift or promise in exchange for performing an act related to their official duties, even when that act itself is lawful.

The article also confirms that whether the employee actually intends to perform the promised act does not affect the establishment of the offense. Merely requesting or accepting the gift may be sufficient for the person to be regarded as having accepted a bribe.

The article also explains the penalty applicable in this case: imprisonment for up to 10 years and a fine of one million pounds, or either of these two penalties.

Article (2) of the Law also states:

“Any public employee who requests for himself or another person, accepts, or receives a promise or gift in return for refraining from performing an act within the duties of his position, or which he claims falls within his duties, even if such abstention is lawful, shall be considered a bribe recipient and shall be subject to the penalty provided for in Article One of this Law. The employee’s intention not to carry out what he promised shall not affect the establishment of the offense.”

This article addresses the offense of refraining from performing an official act in exchange for a bribe; that is, where an employee requests or accepts a benefit in return for not carrying out one of their duties.

This situation is similar to that described in Article One in that the offense may exist even if the abstention itself is lawful, provided that a financial benefit or promise was the reason for refraining from the act. The employee is subject to the same penalty prescribed under Article One.

Article (3) also provides:

“Any public employee who requests for himself or another person, accepts, or receives a promise or gift in order to breach the duties of his position or as a reward for an act already performed, even without a prior agreement, shall be considered a bribe recipient and shall be subject to the penalty provided for in Article One of this Law.”

This article focuses on a public employee breaching their official duties or receiving a reward for an act already performed, meaning that the employee receives a gift after carrying out the act as compensation or reward.

Even where there was no prior agreement, receiving a benefit or gift after the act may constitute bribery because the employee received the benefit by reason of their official position.

In addition, Article (4) of the Law states:

“Any public employee who breaches the duties of his position by performing or refraining from an act relating to that position as a result of a request, recommendation, or mediation shall be treated as a bribe recipient and shall be punished by imprisonment for a period not exceeding three years and a fine not exceeding one hundred thousand Saudi riyals, or by either of these penalties.”

This article refers to a different form of bribery involving indirect influence resulting from mediation, a request, or a recommendation.

If an employee performs or refrains from performing an act because of a recommendation or mediation by another person, the employee may be treated as a bribe recipient even if no gift or promise was received.

The penalty in this case is relatively lighter: imprisonment for up to 3 years and a fine of up to SAR 100,000, or either of these penalties.

Finally, Article (5) states:

“Any person who requests for himself or another person, accepts, or receives a promise or gift in return for using actual or alleged influence to obtain or attempt to obtain from any public authority an act, order, decision, obligation, license, supply agreement, job, service, or advantage of any kind shall be considered a bribe recipient and shall be subject to the penalty provided for in Article One of this Law.”

This article relates to what is known as influence-peddling bribery, which occurs when a person uses actual or alleged influence to obtain decisions, licenses, jobs, or other advantages from a public authority in return for money or another benefit.

The Saudi legislator treats this conduct as bribery and subjects it to the same penalty stated in Article One of the Anti-Bribery Law.

You can also read the full details about: Penalty for Embezzlement Under Saudi Law.

Best Law Firm for Bribery Cases

If you need legal advice regarding the elements of the crime of bribery under Saudi law or if you are facing an accusation related to this offense, professional legal assistance may be important.

Nawaf Bin Awad Al-Harbi Law Firm handles cases involving financial crimes and provides legal support in matters relating to bribery offenses.

Do not hesitate to contact us to obtain specialized legal advice.

Contact — Best Criminal Cases Lawyer — to report a bribery offense, prepare legal evidence, establish the elements of the offense, begin the required legal procedures, and protect your rights in accordance with Saudi law.

Conclusion

The elements of the crime of bribery under Saudi law are fundamental requirements for establishing the offense. An act is not considered bribery unless the required elements are present. Saudi legislation regulates this crime through specific provisions that explain the conditions and elements necessary for establishing bribery offenses in order to protect individuals, society, national interests, and public funds.

Frequently Asked Questions

What Is the Definition of Bribery Under Saudi Law?

Bribery is an offense in which a person accepts or offers an unlawful benefit with the intention of influencing the conduct of another person who holds an official position or performs an official function in order to obtain a service or decision to which they are not entitled.

How Can Bribery Be Proven?

A bribery offense may be proven under Saudi law through various forms of material and circumstantial evidence. Such evidence may include witness testimony, audio or video recordings, written correspondence, suspicious conduct, and documents demonstrating the receipt or payment of money.

What Is the Penalty for Bribery in Saudi Arabia?

The penalty for bribery may include imprisonment for up to 10 years and a fine of up to SAR 1 million for the person receiving the bribe, while the person offering the bribe may be punished by imprisonment for up to 5 years and a fine of up to SAR 500,000.