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21 March 2023

29 Sha'baan 1444

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Law no. (23) for 2004 Regarding Promulgating the Criminal Procedure Code

Law Summary Record Type: LawNumber: 23Date: 30/06/2004 Corresponding to 13/05/1425 HijriNumber of Articles: 449Status: In force

Official Gazette :Issue: 12Offcial Journal Issue Publication Date: 29/08/2004 Corresponding to 14/07/1425 HijriPage from: 752

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Judicial Commissioners and their Obligations

27 Article

The Judicial Commissioners shall be:

Members of the Public Prosecution.
Members of the police force.

The Public Prosecutor may, in coordination with the concerned Minister, authorize some officials with the capacity of Judicial Commissioners as to the crimes that fall within their competence and which are related to their duties.

This Law shall not prejudice the previous judicial capacity, stated in other laws or decisions, of the commissioner.

28 Article

Article 28

The Judicial Commissioners shall be affiliated to and subject to the supervision of the Public Prosecutor with regard to judicial control.

Should the Judicial Commissioner violate or breach the duties of the job, the Public Prosecutor may order a competent authority to which a Judicial Commissioner is affiliated, to consider his case. The Public Prosecutor may request initiation of disciplinary action against the Judicial Commissioner, without prejudice to the criminal action.

29 Article

The Judicial Commissioners shall investigate crimes, search for their perpetrators, and collect evidence necessary for the investigation and trial.
30 Article

The Judicial Commissioners may, if necessary, directly seek the assistance of public authority officials while performing their duties.

31 Article

The Judicial Commissioners shall accept reports and complaints received about crimes, and submit them immediately to the Public Prosecution. The Judicial Commissioners shall obtain all necessary clarifications in order to facilitate the investigation of the reported facts, or the facts of which they are aware, by whatever manner, and they shall take all the necessary precautionary measures to preserve the evidence of a crime.

All procedures carried out by the Judicial Commissioners shall be made in written records signed by them, showing the time and place of procedures, accompanied with the signature of the suspect, witnesses and experts who were heard in the proceedings. The fingerprint shall stand as the signature. If the suspect, witness or expert refuses to sign, this shall be proved in the record with its reasons. No action shall be considered if not proved in these records.

The written record, papers and the seized items shall be sent to the Public Prosecution

32 Article

Whoever becomes aware of a commission of a crime, for which a legal action can be instituted without a complaint, shall report to the Public Prosecution or a Judicial Commissioner.

33 Article

Any public officials or alike as defined in the Penal Code, who during the performance of their work or because of it become aware of a commission of a crime, for which a legal action can be instituted without a complaint, shall report immediately to the Public Prosecution or a Judicial Commissioner.

The Judicial Commissioners may, during the collection of evidence, conduct necessary searches, hear testimony from whoever has information about the crimes and its perpetrators, and interrogate the suspect about the attributed charges.

The suspect, its attorney and the victim may attend these procedures whenever possible.

The Judicial Commissioners may seek the experts' assistance, and request their opinion orally or in writing; however, they shall not take the witnesses' or experts' oath, unless there are fears that this will later be impossible.