Assignment:
Need to paraphrase 6 pages of the law of Investigation and Prosecution.
Law of the Bureau of Investigation and Public Prosecution
a. Composition and Jurisdiction of the Bureau
Article 1:
Pursuant to this Law, an agency named "The Bureau of Investigation and Public Prosecution" attached to the Minister of Interior shall be established, with a budget within the budget of the Ministry.Its Headquarters shall be in the City of Riyadh. Necessary branches shall be established inside or outside Riyadh.
Article 2:
The Bureau shall be composed of a chairman, one or more vice-chairmen, a sufficient number of heads of circuits and their deputies, and investigators and their assistants.
Article 3:
First: The Bureau shall have jurisdiction, in accordance with the law and as specified by the implementing regulations, as follows:
(a) Investigating crimes;
(b) Taking action with respect to an investigation through filing a case or taking no action in accordance with relevant regulations;
(c) Prosecuting before judicial bodies in accordance with the implementing regulations;
(d) Appealing of judgments;
(e) Supervising execution of criminal sentences;
(f) Monitoring and inspection of prisons, detention centers and any places where criminal sentences are executed, as well as hearing complaints of prisoners and detainees, insuring the legality of their imprisonment or detention and the legality of their remaining in prison or the detention centers after the expiry of the period, taking necessary steps to release those imprisoned or detained without a legitimate cause and applying the law against those responsible for such action. The Minister of Interior shall be informed of any relevant observations, and a report shall be submitted to him regarding the conditions of the prisoners and detainees every six months.
(g) Any other powers conferred upon it by the law, regulations issued pursuant to this Law, the resolutions of the Council of Ministers or the High Orders.
Second: The implementing regulations issued in accordance to this Law, shall specify the method by which the Bureau shall exercise its powers, such as conducting the investigation, prosecution, the relationship of the investigators with the security bodies and the Governorates as well as with coordinating work between the investigators and these bodies.
Third: The implementing regulations shall specify the transitional provisions which are deemed necessary for the Bureau to exercise its powers.
Fourth: As an exception to the provisions of articles nineteen and twenty of the Law of the Council of Ministers, the Council of Ministers may, by a resolution of its own, assign the Bureau to conduct investigations and prosecution in connection with crimes where the law stipulates that investigation and prosecution thereof shall be conducted by other government bodies.
Article 4:
(a) A committee shall be formed under the name of "Bureau Administration Committee" composed of the following: Chairman of the Bureau as Chairman, Vice-chairman of the Bureau, and five members of the Bureau whose ranks range from Deputy Head of Investigation and Prosecution Department "A" and upwards, to be selected by the Minister of Interior based on a recommendation by the Chairman of the Bureau.
(b) The Bureau Administration Committee is chaired by the Chairman of the Bureau or his Vice-chairman, and the session shall not be valid unless attended by six members including the chairman of the session. In the absence of any one of them, due to the committee's deliberating on a matter concerning him or in which he has a direct interest, or for any other reason - he shall be replaced by another person nominated by the Minister of Interior, upon the recommendation of the Chairman of the Bureau from amongst those eligible to the membership of the Bureau Administration Committee. The Committee decisions shall be issued by absolute majority of its members.
(c) The Bureau Administration Committee, in addition to the powers stipulated in this Law and its regulations, shall be empowered with the following:
Reviewing of indictments related to cases where the death penalty, amputation or stoning are sought.
Studying matters relating to investigation and prosecution, pursuant to an order of the Minister of Interior.
Preparing the annual report of the Bureau with its observations along with suggestions regarding its work progress and its views with respect to the laws and procedures it applies. It shall submit the same to the Minister of Interior who shall in turn bring it before the Custodian of the Two Holy Mosques including his views thereon.
b. Bureau Members and Staff
Article 5:
Members of the Bureau are totally independent, and they shall not be subject in conducting their work except to the provisions of Islamic Shari'ah and the relevant laws, and no one shall interfere in their work.
Article 6:
Without prejudice to the provisions of this Law, members of the Bureau shall enjoy the rights and guarantees provided for in the Civil Service Law and the Retirement Law, and they shall be committed to all duties stipulated in the Civil Service Law.
Article 7:
A member of the Bureau may not combine his job with commercial activities or any other profession or work inconsistent with the independence of the Bureau's work and its dignity.
The Bureau Administration Committee may decide barring a member of the Bureau from practicing any work it deems in conflict with the duties of the job and its proper performance.
Article 8:
Members of the Bureau shall not disclose any confidential information they may know due to the nature of their work, even after leaving the service .
Article 9:
The titles of the members of the Bureau shall be as follows:
- Investigator-Trainee
- Assistant Investigator
- Second Investigator
- First Investigator
- Deputy Head of an Investigation and Prosecution Circuit (B)
- Deputy Head of an Investigation and Prosecution Circuit (A)
- Head of an Investigation and Prosecution Circuit (B)
- Head of an Investigation and Prosecution Circuit (A)
- Vice-Chairman of the Bureau.
Salaries of Bureau members shall be in accordance with the pay scale of the Bureau members attached herewith.
Article 10:
The Chairman of the Bureau shall be appointed in the distinguished grade by Royal Order upon a nomination by the Minister of Interior from amongst those eligible to fill at least the position of Vice-Chairman.
Filling other positions for Bureau members, as well as their transfer to other agencies shall be by Royal Order, pursuant to a decision by the Bureau Administration Committee and a recommendation of the Minister of Interior.
Article 11:
Subject to the provisions of this Law, the Council of Ministers shall specify the requirements to fill the positions of the Bureau as well as determine how to deal with its members and other staff in matters of appointment, promotion, transfer, secondment, lending services, assessment of job performance, inspection, and all that is related to their job status.
Article 12:
The service of a Bureau member shall be terminated by any of the following:
(a) Acceptance of resignation.
(b) Reaching the age of sixty five.
(c) Acceptance of request for retirement pursuant to the Law of Retirement.
(d) Forced retirement pursuant to Article Twenty Five of this Law.
(e) Receiving a lower than average grade in the performance report for three consecutive times.
(f) Loss of trust and respect required by the job.
(g) Health disability.
(h) Incompetence shown during the probationary period.
(i) Death.
Article 13:
In cases other than death or reaching the retirement age and incompetence shown by the member during the probationary period, the service of the Bureau member shall be terminated by Royal Order pursuant to a decision by the Bureau Administration Committee and the request of the Minister of Interior.
c. Disciplining of Bureau Members
Article 14:
Members of the Bureau may only be tried pursuant to the conditions and rules concerning their discipline.
Article 15:
Disciplining of Bureau members shall be vested in the Bureau Administration Committee in its capacity as a Disciplinary Board. If the member standing trial is a member thereof, the Chairman of the Bureau shall designate a member of his choice of the rank of Head of Investigation and Prosecution Department (A) as a replacement. Previous participation in requesting forced retirement of the accused or the request of filing disciplinary action against him does not preclude one from joining the Disciplinary Board.
Article 16:
The Head of Investigation and Prosecution Circuit or Circuits has, after hearing their statements, the right to caution the department investigators of any violations of their duties or the requirements of their jobs. This caution shall be verbal or in writing. In the latter case, a copy shall be sent to the Minister of Interior by the Chairman of the Bureau, and the investigator may object within fifteen days from the date of notification thereof, requesting investigation of the incident that led to the issuance of the caution. A committee for this purpose shall be formed of the Chairman of the Bureau, a Deputy Head of an Investigation and Prosecution Circuit (A) or of the Vice-Chairman of the Bureau and a Deputy Head of an Investigation and Prosecution Circuit (B). This committee, after hearing the statements of the objecting investigator, shall entrust to one of its members carrying out the investigation if appropriate. It may affirm the caution or consider it null and void, and inform the Minister of Interior of its decision. If the violation is repeated or continued after affirmation of the caution by the Committee, the disciplinary action shall be filed.
Article 17:
The disciplinary action shall be filed by an order of the Minster of Interior upon a recommendation of the Chairman of the Bureau. This action shall not be filed except upon an investigation conducted by a member of the Bureau designated by the Minister of Interior based on a recommendation by the Chairman of the Bureau, and the member of the Bureau who is designated for the investigation shall be of a rank higher than that of the member under investigation or senior to him in service, if both are of the same rank.
Article 18:
The disciplinary action shall be filed in a memorandum incorporating the charge and supporting evidence, and submitted to the Disciplinary Board to issue its decision to summon the accused to appear before the Board.
Article 19:
In situations where the accused is caught in the criminal act, the case, upon arresting and detaining the member of the Bureau, shall be referred to the Bureau Administration Committee within the following twenty four hours. The Committee may decide whether to continue detention or to release the accused with or without bail, and the member of the Bureau may request the hearing of his statements before the Committee upon presenting the matter to it. The Committee shall determine the period of detention in the decision issued concerning the detention or its continuation. The aforementioned procedures shall be observed whenever it is determined to continue the preventive detention after the expiry of the period decided by the Board except for the foregoing, a member of the Bureau may not be arrested, be subject to investigation procedures or a criminal suit be brought against him except by permission of the said Committee. Members of the Bureau shall be detained and the punishments restricting their freedom shall be executed in separate facilities.
Article 20:
The Disciplinary Board may conduct the necessary investigations, and it may designate one of its members for the task. If the Disciplinary Board finds it appropriate to proceed with the trial procedures on all or part of the alleged charges, the accused shall be summoned to appear with sufficient notice. The summons shall include an adequate statement of the subject matter of the lawsuit and the prosecution evidence.
Article 21:
The Disciplinary Board, upon deciding to proceed with the trial procedures, may order suspension of the accused from performing his duties. The Board may at any time reconsider the suspension order.
Article 22:
The disciplinary action may terminate upon resignation of the member of the Bureau, and the disciplinary action shall have no effect on the criminal or civil suit resulting therefrom.
Article 23:
The hearings of the Disciplinary Board shall be held in closed sessions. The Disciplinary Board shall deliver its judgment after hearing the defense of the accused member of the Bureau who may submit his defense in writing and authorize one of the members of the Bureau to defend him. The Board may at any time demand his appearance in person before the Board. If he fails to appear or authorizes someone else, the judgment may be delivered in his absence, after verification of the correctness of his summons.
Article 24:
The judgment in the disciplinary action shall include the grounds thereof. Same grounds shall be read upon pronouncing the judgment in a closed hearing .The judgments of the Disciplinary Board shall be final and unappealable.
Article 25:
The disciplinary punishments that may be imposed on the member of the Bureau are reprimand and forced retirement.
Article 26:
The decisions of the Disciplinary Board shall be reported to the Minister of Interior, and a Royal Order shall be issued to implement the punishment of forced retirement, and a decision shall be issued by the Minister of Interior, upon a recommendation of the Chairman of the Bureau, to implement the punishment of reprimand.