Legal Articles

Principle of Concurrent Punishments in Saudi Law

concurrent punishments, punitive sanctions in Saudi Arabia, overlapping crimes and penalties, application of punishments, legal exceptions, regulatory basis, retroactive effect of punishments

The principle of concurrent punishments is recognized when a single act has multiple criminal descriptions or when multiple crimes are connected by a unified criminal intent. It mandates applying only the most severe original penalty without cumulative punishments. This principle aims to ensure justice and prevent double punishment for the same act.

Regulatory Basis

This principle was established through several regulatory decisions, including:

• Council of Ministers Resolution No. 163 dated 01/03/1444H approving the adoption of concurrent punishments.
• Royal Decree No. M/33 dated 07/03/1444H ratifying the ministerial decision.
• Ministry of Justice Circular No. 13/T/8907 dated 05/04/1444H, regarding the application mechanism in judicial procedures.

Cases of Application

The principle is applied in two cases:

• When a single act has multiple criminal descriptions, all are recorded but only the most severe original punishment is applied.
• When multiple connected criminal acts serve one purpose, they are treated as a single crime, and only the most severe punishment is applied.

Exceptions

Exceptions include crimes affecting state security, the King, the Crown Prince, or the system of governance, as specified by the regulatory decisions mentioned above.

Retroactive Effect

The principle may be applied retroactively to previous rulings that meet its conditions, upon a request for judicial review, enhancing the retroactive effect of punishments.

Conclusion

The principle of concurrent punishments continues to be applied in judicial practice under current regulations until the issuance of the new Saudi Penal Code. Compliance with this principle strengthens justice, protects legal rights, and is a key part of applying punishments in the Saudi legal system.