Bail in Saudi Arabia for Drug Cases: Temporary Release Rules

A man has been detained for twenty days in a drug case, and his family asks: can we provide a guarantor and get him out? The direct answer: during the investigation, the investigator may order temporary release if detention is no longer justified and there is no fear the accused will flee. Release is in exchange for his undertaking to attend and naming an address in the city of the court, not for a financial bail set out in the law. But the Implementing Regulations prevent this release if the evidence is sufficient in a major crime that requires detention. After the case is referred to the court, the decision belongs to the court, which may make release subject to any guarantee it sees fit.

Who decides on release from detention in Saudi Arabia?

The person who decides changes with the stage of the case. While the case is under investigation, the investigator handling it orders release, and he may do so at any time, on his own initiative or at the accused's request (Article 120 of the Law of Criminal Procedure). Once the accused is referred to the court, releasing him if he is detained, or detaining him if he was released, falls within the jurisdiction of the court to which the case was referred (Article 123).

What are the conditions for release during the investigation?

A request for release is not enough on its own. Article 120 links release to four things together:

• The investigator finds that detention is no longer justified.
• Release does not harm the investigation.
• There is no fear the accused will flee or disappear.
• The accused undertakes to attend whenever he is called.

Article 121 adds a practical condition: except where release is mandatory, the accused is released only after naming an address approved by the investigator. Article 84 of the Implementing Regulations states that this address must be in the city of the court, with an undertaking to attend if called.

How does a major-crime charge change things?

This point affects drug cases directly. Article 83 of the Implementing Regulations requires, for a temporary release order under Article 120, that the evidence against the accused is not sufficient in a major crime. The major crimes requiring detention are specified by the Attorney General after agreement with the Ministry of Interior and the Presidency of State Security, and published in the official gazette (Article 112, as amended by Royal Decree M/125 of 1441H). So their classification is not left to the investigator's judgement in each case.

The list in force was issued by Attorney General's Decision No. (1) dated 1/1/1442H and published in the local press. It treats as a major crime every crime punishable by law with more than three years in prison, which includes smuggling, dealing and possession for dealing (Articles 37 and 38 of the Anti-Narcotics Law), and traffic accidents under the influence of drugs that cause death or an injury taking more than 21 days to heal. Use and possession for personal use under Article 41, where prison does not exceed two years, fall outside this rule, except for shabu (methamphetamine), for which Attorney General's Decision No. (110) dated 1/9/1446H adds every connected offence, including use, to the major crimes.

If the charge is one of these crimes and the evidence is sufficient, temporary release during the investigation is not available under the regulations. If the evidence is not sufficient, or the charge is outside that list, the general conditions in Article 120 apply. So knowing the exact description of the charge against you is the first step before thinking about a release request.

Is there bail with a guarantor in Saudi law?

Many people search for "release on bail" or a "guarantee of attendance" (kafala hudhuriya). Neither the Law of Criminal Procedure nor its Implementing Regulations regulate bail for release under that name; the word kafala appears in them only in connection with returning seized items (Article 184 of the law). What they expressly require during the investigation is the accused's undertaking to attend and naming an address approved by the investigator. At the court stage, Article 86 of the regulations states that the court may release a detainee by a reasoned decision and may make release subject to any guarantee it sees fit. An objection by the public prosecutor to the court's release decision does not stop it from being carried out (Article 86(6) of the regulations).

The forms of guarantee commonly used in practice, and what a guarantor must do if the accused does not attend, are not regulated in the law or its regulations. Ask the authority handling the case, or a lawyer, before you sign any commitment.

Can the release be cancelled?

Yes. Temporary release does not end the case. Article 122 states that a release order does not prevent the investigator from issuing a new order to arrest or detain the accused if the evidence against him becomes stronger, if he breaches the conditions imposed on him, or if circumstances require it. Article 85 of the regulations sets out the procedure. The court may also detain again a person it released, by a reasoned decision for a set period (Article 86 of the regulations).

Article 24 of the regulations lists, among the reasons for detention during the investigation, the accused failing to undertake to attend when asked. If you are released on an undertaking, keeping your attendance dates is what protects your release, because breaching the conditions allows a new detention order.

How is a release request different from an objection to detention?

Many people confuse the two routes. An objection challenges a specific detention order or its extension. It is a right under Article 115, submitted to the head of the investigation department or the branch head, as applicable, and decided within five days. A release request is submitted to the investigator at any time and is based on detention no longer being justified, under Article 120. One may be more suitable than the other depending on the stage of the case and what has changed.

Detention during the investigation has time limits. The first order may not exceed five days from arrest (Article 113). After that, extension orders are needed within the limits in Article 114: a total of not more than forty days from arrest, then periods of not more than thirty days each with a total of not more than 180 days. Anything beyond that, in exceptional cases, needs the court's approval. These are maximum limits, not periods that must be reached. Release is possible before them once the conditions are met.

What happens if the case is closed?

Not every investigation ends with referral to the court. If, after the investigation, the investigator finds the evidence insufficient or no grounds to bring a case, the department head recommends closing the case and releasing the detained accused. In major crimes, the closure order takes effect only when approved by the head of the Public Prosecution or his deputy (Article 124). Closure does not end the file for good: Article 125 allows the case to be reopened if new evidence appears, such as a testimony or record not previously presented to the investigator.

A person is detained in a drug case, and his lawyer submits a release request during the investigation.

The first question: is the charge a major crime and is the evidence sufficient? If yes, Article 83 of the regulations prevents temporary release.

If not, the investigator considers whether detention is justified, the effect of release on the investigation, and the risk of flight.

If he agrees, the detainee signs an undertaking to attend and names an address in the city of the court approved by the investigator.

This is general information based on the official Arabic texts of Saudi laws, which prevail over any translation. It is not legal advice for your specific case.

Practical solutions for the detainee and his family

If you are the detainee or his lawyer:

• Find out the exact description of the charge first. It decides whether temporary release is possible during the investigation.
• Submit the release request in writing, with proof of a stable residence, work and family, and that there is no risk of flight. For an expat, a valid residence permit (iqama) and an employer's letter help.
• If detention is long or extended without reason, object to the extension order under Article 115.
• If you are released on an undertaking, attend every appointment. A breach allows a new detention order.

If you are a family member or will provide a guarantee:

• Ask the authority handling the case exactly what guarantee is required before you sign any commitment.
• Keep a copy of the undertaking or the release decision and its conditions.
• Help follow up appointments and notices at the address named in the city of the court.

A release request organised with its reasons and documents is more likely to be accepted. Send us the stage of the case and the description of the charge on WhatsApp, and we will explain what can be requested now.