Questions on criminal complaints & cases

1. 01Where do I report an accusation against my honour, or an insult, sent on WhatsApp?

   Report it to the police or through the official cybercrime reporting channels, and keep the original messages, the account details and the dates. How the act is classified depends on the exact words and facts; not every insult amounts to qadhf, the slander of chastity that carries the fixed hadd penalty.

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2. 02Can WhatsApp messages and witness testimony prove what happened?

   They can, depending on the type of dispute and whether the messages are shown to be genuine and attributable to the sender. Keep the full original chat with its data, and set out what each witness saw or heard. A cropped screenshot on its own may invite disputes over context or authorship.

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3. 03Is the penalty for online blackmail always three years?

   No. The legal characterisation decides the penalty. Unlawful access to threaten or blackmail a person, under Article 3 of the Anti-Cyber Crime Law, carries up to one year in prison and a fine of up to SAR 500,000, or either penalty. Other provisions may apply depending on what was done.

   SourceAnti-Cyber Crime Law, Art. 3 (official translation, Ministry of Communications and IT)

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4. 04Does a psychiatric disorder automatically remove criminal responsibility?

   No. A diagnosis on its own is not enough. A specialist assessment examines the accused's condition at the time of the act and at the time of examination, and the extent of his criminal responsibility. The court decides its effect on the basis of the report and the rest of the evidence.

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5. 05My case was dismissed because of the defendant's mental condition. What next?

   First obtain the decision, its reasons and the approved medical report. The route and deadline for challenging it depend on the type of decision and the date you were notified of it. A verbal description of him as mentally ill is not enough to judge whether the outcome was right.

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6. 06What is the penalty for possessing an individual firearm without a licence?

   Possession without a licence is punishable under the Firearms and Ammunition Law by imprisonment and a fine, or by either. Buying, selling and other acts are governed by separate provisions.

   Read moreSummons and detention: what rights the accused has, and how long detention can run

7. 07Does obtaining a licence after the weapon was seized erase the earlier offence?

   Not automatically. What matters is the licence position at the time of the offence, the nature of the offence and any official exemption that applies. Applying for a licence is not the same as being granted one.

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8. 08Is a weapon found in a car enough, on its own, to convict the driver?

   Not on its own. The act and the possession must be attributed to him on the facts and the evidence. Who owns the car is not a complete answer either way. Put forward the true facts and evidence of whose weapon it is, without false denials and without assuming guilt in advance.

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9. 09Anti-narcotics has summoned me and I have a judgment that has not been carried out. Could I be detained?

   Yes, it is possible. The summons may relate to enforcing that judgment, depending on its status, and no one can guarantee you will leave without being held. With your lawyer, check the judgment, whether it is enforceable and the reason for the summons, and follow the official procedure.

   Read moreSummons and detention: what rights the accused has, and how long detention can run

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10. 10Someone assaulted a plain-clothes security officer over an earlier violation. What is the procedure?

    File a police report with the evidence of the assault, the medical reports and proof that it was connected to the officer's duties. The classification, the competent authority and the penalty depend on the facts, the officer's official capacity and the circumstances of the assault, not merely on what he was wearing.

    Read moreSummons and detention: what rights the accused has, and how long detention can run

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These answers are brief general information. They are no substitute for a review of the facts and documents of a particular matter.