Brief the law of investigation and prosecution


Assignment:

Create a 5 pages of the law of Investigation and Prosecution

First: Appointment, Promotion and Transfer

Article 1:

To be appointed a member of the Bureau, one shall satisfy the following:

(a) Be a Saudi national;

(b) Be of good character and conduct;

(c) Be legally competent;

(d) Be a holder of a degree from one of the Shari'ah colleges in the Kingdom or any other equivalent degree or a holder of a law degree from one of the Kingdom's universities or any other equivalent degree. In the case of being a holder of an equivalent degree, he shall pass an examination especially held for that purpose;

(e) Be not less than twenty-two years old;

(f) Be physically fit for service;

(g) Not have been sentenced to hadd (Qur'anic prescribed punishment) or ta'zir (‘discretionary punishment') or a crime impinging on integrity, or punished by disciplinary decision dismissing him from public office, even if rehabilitated;

(h) Shall successfully pass the examination especially held for the purpose of appointment.

Article 2:

Members of the Bureau shall undergo an intensive training program for not less than six months, and this period shall be deemed equivalent to performing comparable work for a period of one year. The implementing regulations of the Law of the Bureau shall determine the rules for implementing this program.

Article 3:

Those holding the rank of Investigator-Trainee shall have obtained a university degree with a minimum grade of ‘good', in addition to the stipulations in Article (1) of these regulations.

Article 4:

Those holding the rank of Assistant Investigator shall have served in the rank of Investigator-Trainee for not less than three years.

Article 5:

Those holding the rank of Second Investigator shall have served in the rank of Assistant Investigator for not less than one year or performed comparable work for a minimum of four years.

Article 6:

Those holding the rank of First Investigator shall have served in the rank of Second Investigator for not less than one year or performed comparable work for a minimum of eight years.

Article 7:

Those holding the rank of Deputy Head of Investigation and Prosecution Circuit (B) shall have served in the rank of First Investigator for not less than three years or performed comparable work for a minimum of eleven years.

Article 8:

Those holding the rank of Deputy Head of Investigation and Prosecution Circuit (A) shall have served in the rank of Deputy Head of Investigation and Prosecution Circuit (B) for not less than two years or performed comparable work for a minimum of thirteen years.

Article 9:

Those holding the rank of Head of Investigation and Prosecution Circuit (B) shall have served in the rank of Deputy Head of Investigation and Prosecution Circuit (A) for not less than two years or performed comparable work for a minimum of fifteen years.

Article 10:

Those holding the rank of Head of Investigation and Prosecution Circuit (A) shall have served in the rank of Head of Investigation and Prosecution Crcuit (B) for not less than two years or performed comparable work for a minimum of seventeen years.

Article 11:

Those holding the rank of Vice-President of the Bureau shall have served in the rank of Head of Investigation and Prosecution Circuit (A) for not less than two years or performed comparable work for a minimum of nineteen years.

Article 12:

Upon a recommendation by the Minister of Interior, the Council of Ministers shall determine what is meant by comparable work in the preceding articles. Teaching Shari'ah or law at any of the colleges is deemed performing comparable work, and performing judicial duties, investigation and Shari'ah or legal consultations are all deemed performing comparable work.

Each of the following shall be considered equivalent to performing the work specified:

• Master's degree in the field and the diploma of legal studies at the Institute of Public Administration shall be equivalent to performing comparable work for a period of four years.

• A doctorate degree in the field shall be equivalent to performing comparable work for a period of six years.

Article 13:

The newly appointed member of the Bureau shall undergo a probationary period of one year. At the end of the probationary period and upon ascertaining fitness for the job, the Bureau Administration Committee shall issue a decision of tenure. Prior the issuance of this decision, he may be dismissed pursuant to a decision of the Bureau Administration Committee.

Article 14:

In the promotion of Bureau members, the absolute order of seniority shall be observed. If equal, the most competent, according to the competence reports, shall have precedence. Upon equality or absence of competence reports, the older shall have precedence. A member of the Bureau of or below the rank of Head of Investigation and Prosecution Circuit (B) shall not be promoted unless inspected at least twice in the rank from which he is to be promoted, in addition to having been established in the last two reports preceding promotion that his level of competence was not less than average.

Article 15:

Transfer of Bureau members within it, their assignment or secondment, shall be pursuant to a decision of the Bureau Administration Committee. The period for assignment or secondment shall be for one year renewable for another. In exceptional cases, the Minister of Interior may assign a member of the Bureau within or without the Bureau for a period not exceeding three months in a year.

Article 16:

The President of the Bureau shall approve vacations of Bureau members within the limits of the provisions of Civil Service Law and its Regulations.

Second: Evaluation of Bureau Members' Performance

Article 17:

A department for inspection of the work of Bureau members of and below the rank of Head of Investigation and Prosecution Circuit (B) shall be established at the Bureau, composed of a Head of Investigation and Prosecution Circuit (A) and a sufficient number of members chosen from amongst Bureau members. Their assignment to work in this Department shall be by a decision of the Bureau Administration Committee for a renewable period of one year. This Department shall be attached to the President of the Bureau and shall submit its reports to him and to the Bureau Administration Committee.

Article 18:

The Inspection Department at the Bureau shall be in charge of inspecting the work of the Bureau members by collecting data about the level of their competence and the extent of their diligence in discharging the duties of their jobs as well as providing the competent agencies with this information, and investigating complaints filed by or against Bureau members. The inspection shall be carried out by a member of a rank higher than that of member subject to inspection or is senior to him if they are of the same rank. Inspection of Bureau members shall be carried out at the headquarters of the Bureau or by moving to the place of work of the member subject to inspection, at the discretion of the President or the Vice-President of the Bureau.

Article 19:

Inspection of Bureau members shall be carried out at least once and not more than twice a year.

Article 20:

The evaluation of competence of a Bureau member shall be by one of the following grades: competent; above average; average; below average.

Article 21:

Copies of observations concerning a member of the Bureau shall be sent to him, with the exception of the competence report, to view and express objections thereto thirty days from the date of notifying him thereof.

Article 22:

The Head of the Inspection Department shall form a committee of two inspectors, under his chairmanship, to review the observations and the objections raised by the member concerned. All observations affirmed by this committee shall be placed in the member's file along with the objection. Any observations not affirmed shall be removed from the report and filed, and the member shall be informed of his competence evaluation affirmed by the committee.

Article 23:

A Bureau member who receives a grade of below average may appeal to the Bureau Administration Committee within thirty days of the date of being informed of the content of the evaluation, and the Committee's decision in this regard shall be final.

Article 24:

After consultation with the General Bureau of Civil Service, the Bureau Administration Committees shall prepare the rules and procedures for inspection of work of Bureau members as well as the rules and procedures related to evaluation of performance of its members, and submit the same, for issuance, to the Minister of Interior.

Article 25:

A Bureau member shall reside in the province or the city where his place of work is located. The Bureau Administration Committee may, in exceptional circumstances, permit a Bureau member to reside temporarily in another city near his place of work.

Article 26:

A Bureau member may not be absent from his place of work without an acceptable excuse and a written permission to be absent from his work, and he shall not be absent from work for any non-emergency reason. If the member violates this obligation, he shall be warned in writing, and upon repetition, the matter shall be referred to the Bureau Administration Committee to consider a disciplinary action.
Third: Non-Member Employees of the Bureau

Article 27:

Without prejudice to the requirements of appointment stipulated in the Law of Civil Service, those appointed in the Bureau as experts and translators, shall pass an examination whose procedures and requirements shall be specified by decision of the Minister of Interior upon agreement with the General Bureau of Civil Service. Their employment shall be for a probationary period not less than one year and not exceeding two years.

Article 28:

Non-member employees of the Bureau shall be subject to the laws of Civil Service, subject to the provisions of these Regulations.

Article 29:

Employees of the Bureau may not disclose confidential information that they may learn about due to the nature of their work, even after leaving the service.

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