The Legal status of the Public Prosecution in Saudi Law: A Comparative Study

Abstract

The first organisation of the Public Prosecution Service in Saudi Arabian law came with the issuance of Royal Decree No. (M/56) in 1989, which established the Bureau of Investigation and Public Prosecution to undertake the functions of criminal investigation and prosecution, replacing the police. Although its members were not part of the police force, it was under the direct authority of the Minister of Interior. The Saudi regulator introduced several amendments to the law of the Bureau of Investigation and Public Prosecution, shaping its legal status under the new name of the Public Prosecution with different powers and affiliations. In this paper, the researchers examine the law of the Public Prosecution to determine its legal status according to the latest legal amendments and compare it in some key points with the legal status of the Public Prosecution in comparative law. The main question that this work seeks to answer is: What is the legal status of the public prosecution in Saudi law? The paper demonstrates that with the recent amendments to the law, the Public Prosecution in the Kingdom of Saudi Arabia is considered as a responsible judicial authority directly attached to the King in his capacity as the Head of State.