The crime of fraud and swindling in Saudi Arabia occurs through various methods and techniques and is considered one of the most serious offenses due to its negative impact on individuals and society in general. Saudi law imposes severe penalties on those committing this crime to deter them, as they lack any values, morals, or religious principles, resorting to methods unimaginable to others to deceive the victim, commit fraud, and seize their money.
This makes this crime one of the most dangerous and widespread in society today, due to the difficulties the government faces in pursuing fraudsters who impersonate others. In this article, we will explain the concept of public rights in fraud cases and the penalties prescribed for these offenses.
Public Rights in Fraud Cases
Public rights in fraud cases refer to the state, represented by the Public Prosecution, which has the right to pursue and punish offenders even if the victims do not file a complaint.
This ensures that combating fraud is part of public security, and Saudi law emphasizes protecting society by taking strict measures against perpetrators of such crimes.
The Bureau of Investigation and Public Prosecution is responsible for filing the case before the competent criminal court after investigations are completed and the accused is convicted of fraud.
Public rights in fraud cases only lapse with a final court ruling, a royal pardon explicitly including forgiveness for the fraud crime, or the death of the accused. However, the lapse of public rights does not affect private rights in any way.
Private Rights in Fraud Cases
Private rights in fraud refer to the rights of those who were defrauded and whose money was unlawfully taken due to deception and fraud. The victim has the right to claim compensation for the damages incurred and to recover the seized funds.
The victim can pursue their private rights by filing a fraud lawsuit for compensation. They may also waive their private rights, in which case no penalty is applied to the accused regarding the private right, unlike public rights.
Penalties for Financial Fraud under Saudi Criminal Laws
Saudi criminal laws impose deterrent penalties for fraud offenses, as stated in Article (1) of the Anti-Financial Fraud and Breach of Trust Law, which provides:
“Anyone who unlawfully seizes another person’s money through one or more acts involving fraud, including lying, deception, or misrepresentation, shall be punished by imprisonment not exceeding seven years, a fine not exceeding five million Riyals, or both.”
This article shows that Saudi law treats fraud strictly; the crime is not limited to unlawfully seizing funds but extends to any act involving deceit or misrepresentation.
Penalties may include several years of imprisonment or large fines, demonstrating the Saudi legislator’s commitment to protecting society and individuals from such acts.
Article (2) of the same law states:
“Anyone who unlawfully seizes money entrusted to them by virtue of their work, as a deposit, partnership, loan, lease, pledge, agency, or mismanages it in bad faith or causes intentional harm, shall be punished by imprisonment not exceeding five years, a fine not exceeding three million Riyals, or both, provided the money is not public funds.”
This article makes it clear that the law imposes strict penalties on anyone who misuses money entrusted to them by trust or contract.
Whether the money is a deposit, partnership, agency, or trust, if the person acts in bad faith, attempts to seize it, or deliberately causes damage, it is considered a breach of trust punishable by law.
Saudi law also addresses electronic fraud and imposes penalties for it, as stated in Article (4) of the Anti-Cyber Crimes Law:
“Anyone who commits any of the following cyber crimes shall be punished by imprisonment not exceeding three years, a fine not exceeding two million Riyals, or both:
- Seizing for oneself or another movable property or a document, or signing this document, through fraud, using a false name, or impersonating another person.
- Accessing—without legal justification—banking, credit, or securities-related data to obtain funds, information, or services.”
This article demonstrates how strictly Saudi law deals with electronic fraud cases, with severe penalties including imprisonment and fines for those exploiting technology to commit fraud.
Including these crimes under public rights highlights their seriousness and direct impact on public security.
What is the Best Law Firm for Fraud Cases?
If you have a fraud case and want to hire a specialized fraud lawyer, you can turn to Nawaf Bin Awad Al-Harbi Law Firm, which has the best lawyers specializing in these cases.
These lawyers have extensive experience handling financial and criminal cases and are dedicated to protecting their clients’ rights and assisting them throughout all legal procedures. Contact them without delay.
Conclusion
We have explained the concept of public rights in fraud cases, the difference from private rights, and the penalties for fraud. This crime has become widespread in Saudi Arabia, occurring through numerous methods, prompting the law to impose severe penalties. If you face such a crime, you should seek a specialized law firm like Nawaf Bin Awad Al-Harbi Law Firm.
Learn more about how to file a fraud lawsuit
Frequently Asked Questions
What is the penalty for fraud in Saudi Arabia?
The penalty for financial fraud in Saudi Arabia is imprisonment for up to 5 years, a fine not exceeding 3 million Riyals, or both.
What should you do if someone defrauds you in Saudi Arabia?
If you are a victim of electronic fraud, you can file a fraud complaint by going to the nearest police station, calling the unified number 330330 for reporting fraud cases, submitting a report via the “Kollona Amn” app, the Absher platform, or through Najiz.
