عن الملكية الفكرية التدريب في مجال الملكية الفكرية إذكاء الاحترام للملكية الفكرية التوعية بالملكية الفكرية الملكية الفكرية لفائدة… الملكية الفكرية و… الملكية الفكرية في… معلومات البراءات والتكنولوجيا معلومات العلامات التجارية معلومات التصاميم الصناعية معلومات المؤشرات الجغرافية معلومات الأصناف النباتية (الأوبوف) القوانين والمعاهدات والأحكام القضائية المتعلقة بالملكية الفكرية مراجع الملكية الفكرية تقارير الملكية الفكرية حماية البراءات حماية العلامات التجارية حماية التصاميم الصناعية حماية المؤشرات الجغرافية حماية الأصناف النباتية (الأوبوف) تسوية المنازعات المتعلقة بالملكية الفكرية حلول الأعمال التجارية لمكاتب الملكية الفكرية دفع ثمن خدمات الملكية الفكرية هيئات صنع القرار والتفاوض التعاون التنموي دعم الابتكار الشراكات بين القطاعين العام والخاص أدوات وخدمات الذكاء الاصطناعي المنظمة العمل مع الويبو المساءلة البراءات العلامات التجارية التصاميم الصناعية المؤشرات الجغرافية حق المؤلف الأسرار التجارية أكاديمية الويبو الندوات وحلقات العمل إنفاذ الملكية الفكرية WIPO ALERT إذكاء الوعي اليوم العالمي للملكية الفكرية مجلة الويبو دراسات حالة وقصص ناجحة في مجال الملكية الفكرية أخبار الملكية الفكرية جوائز الويبو الأعمال الجامعات الشعوب الأصلية الأجهزة القضائية الموارد الوراثية والمعارف التقليدية وأشكال التعبير الثقافي التقليدي الاقتصاد التمويل الأصول غير الملموسة المساواة بين الجنسين الصحة العالمية تغير المناخ سياسة المنافسة أهداف التنمية المستدامة التكنولوجيات الحدودية التطبيقات المحمولة الرياضة السياحة ركن البراءات تحليلات البراءات التصنيف الدولي للبراءات أَردي – البحث لأغراض الابتكار أَردي – البحث لأغراض الابتكار قاعدة البيانات العالمية للعلامات مرصد مدريد قاعدة بيانات المادة 6(ثالثاً) تصنيف نيس تصنيف فيينا قاعدة البيانات العالمية للتصاميم نشرة التصاميم الدولية قاعدة بيانات Hague Express تصنيف لوكارنو قاعدة بيانات Lisbon Express قاعدة البيانات العالمية للعلامات الخاصة بالمؤشرات الجغرافية قاعدة بيانات الأصناف النباتية (PLUTO) قاعدة بيانات الأجناس والأنواع (GENIE) المعاهدات التي تديرها الويبو ويبو لكس - القوانين والمعاهدات والأحكام القضائية المتعلقة بالملكية الفكرية معايير الويبو إحصاءات الملكية الفكرية ويبو بورل (المصطلحات) منشورات الويبو البيانات القطرية الخاصة بالملكية الفكرية مركز الويبو للمعارف الاتجاهات التكنولوجية للويبو مؤشر الابتكار العالمي التقرير العالمي للملكية الفكرية معاهدة التعاون بشأن البراءات – نظام البراءات الدولي ePCT بودابست – نظام الإيداع الدولي للكائنات الدقيقة مدريد – النظام الدولي للعلامات التجارية eMadrid الحماية بموجب المادة 6(ثالثاً) (الشعارات الشرفية، الأعلام، شعارات الدول) لاهاي – النظام الدولي للتصاميم eHague لشبونة – النظام الدولي لتسميات المنشأ والمؤشرات الجغرافية eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange الوساطة التحكيم قرارات الخبراء المنازعات المتعلقة بأسماء الحقول نظام النفاذ المركزي إلى نتائج البحث والفحص (CASE) خدمة النفاذ الرقمي (DAS) WIPO Pay الحساب الجاري لدى الويبو جمعيات الويبو اللجان الدائمة الجدول الزمني للاجتماعات WIPO Webcast وثائق الويبو الرسمية أجندة التنمية المساعدة التقنية مؤسسات التدريب في مجال الملكية الفكرية الدعم المتعلق بكوفيد-19 الاستراتيجيات الوطنية للملكية الفكرية المساعدة في مجالي السياسة والتشريع محور التعاون مراكز دعم التكنولوجيا والابتكار نقل التكنولوجيا برنامج مساعدة المخترعين WIPO GREEN WIPO's PAT-INFORMED اتحاد الكتب الميسّرة اتحاد الويبو للمبدعين WIPO Translate أداة تحويل الكلام إلى نص مساعد التصنيف الدول الأعضاء المراقبون المدير العام الأنشطة بحسب كل وحدة المكاتب الخارجية المناصب الشاغرة المشتريات النتائج والميزانية التقارير المالية الرقابة
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القوانين المعاهدات الأحكام التصفح بحسب الاختصاص القضائي

نظام القضاء الصادر بالمرسوم الملكي رقم م/78 المؤرخ 19 رمضان 1428، موافق 1 أكتوبر 2007، المملكة العربية السعودية

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التفاصيل التفاصيل سنة الإصدار 2007 تواريخ الاعتماد : 1 أكتوبر 2007 نوع النص القوانين الإطارية الموضوع إنفاذ قوانين الملكية الفكرية والقوانين ذات الصلة

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النصوص الرئيسية النصوص الرئيسية بالعربية نظام القضاء الصادر بالمرسوم الملكي رقم م/78 المؤرخ 19 رمضان 1428، موافق 1 أكتوبر 2007      بالإنكليزية Law of Judiciary (promulgated by Royal Decree No. M/78 on 19 Ramadan 1428H (October 1st, 2007))        
 
 
 Law of Judiciary, promulgated by Royal Decree No. M/78 on 19 Ramadan 1428H (October 1st, 2007)

Law of the Judiciary

Chapter One

Independence of the Judiciary and its Guarantees

Article 1:

Judges are independent and, in the administration of

justice, they shall be subject to no authority other than the

provisions of Sharia and laws in force. No one may interfere

with the judiciary.

Article 2:

Judges are not subject to removal from office except in the

cases set forth in this Law.

Article 3:

Without prejudice to the provision of Article 49 of this

Law, judges may not be transferred to other positions except

with their consent or by reason of promotion, in accordance

with the provisions of this Law.

Article 4:

Without prejudice to the provision of Article 68 of this

Law, judges may not be sued for acts carried out in the course

of performance of their duties except in accordance with the

conditions and rules pertaining to the disciplining of judges.

Chapter Two

Supreme Judicial Council

Article 5:

The Supreme Judicial Council shall be composed of a

chairman to be named by royal order and ten members as

follows:

(a) Chief Judge of the Supreme Court.

(b) Four full-time judges of the rank of chief judge of a court

of appeals to be named by royal order.

(c) Deputy Minister of Justice.

(d) Chairman of the Bureau of Investigation and Public

Prosecution.

(e) Three members satisfying the conditions required for an

appeals judge to be named by royal order. The terms of

the Chairman of the Council and the members provided

for in paragraphs (b) and (e) shall be four years

renewable.

Article 6:

In addition to the other powers provided for in this Law,

the Supreme Judicial Council shall:

(a) attend to judges‟ personnel affairs such as appointment,

promotion, disciplining, assignment, secondment,

training, transfer, granting of leaves, termination of

service and the like, in accordance with established rules

and procedures, in such a way as to guarantee the

independence of the judiciary.

(b) issue regulations relating to judges‟ personnel affairs

upon the approval of the King.

(c) issue judicial inspection regulations.

(d) establish courts in accordance with the nomenclatures

provided for in Article 9 of this Law, merge or cancel

them, determine their venue and subject jurisdiction

without prejudice to Article 25 of this Law and

constitute panels therein.

(e) supervise courts and judges and their work within the

limits stated in this Law.

(f) name chief judges of courts of appeals and their

deputies from among the appeals judges and chief

judges of courts of first instance and their assistants.

(g) issue rules regulating jurisdiction and powers of chief

judges of courts and their assistants.

(h) issue rules specifying the method of selecting judges as

well as procedures and restrictions pertaining to their

study leaves.

(i) regulate the work of Trainee Judges.

(j) determine equivalent judicial work required to fill

judicial ranks.

(k) make recommendations relating to the Council‟s

established jurisdiction.

(l) prepare a comprehensive report at the end of each year

including achievements, obstacles and relevant

recommendations, and bring the same before the King.

Article 7:

Headed by its Chairman, the Supreme Judicial Council

shall convene at least once every other month and whenever

need arises. Its meeting shall be valid if attended by the

majority of members and its decisions shall be taken by

majority vote of the Council. In the absence of the Chairman of

the Council, the Chief Judge of the Supreme Court shall act on

his behalf.

Article 8:

(1) The Supreme Judicial Council shall have its own budget

which shall be issued in accordance with the rules

governing issuance of the State budget.

(2) The Supreme Judicial Council shall have a General

Secretariat and the Council shall select the Secretary

General from among the judges.

(3) A sufficient number of researchers, specialists and

administrators shall be appointed at the Council.

Pursuant to its decision, the Council may seek the

assistance of whomever it deems necessary. They shall

be supervised by the Chairman of the Council.

(4) The Council shall issue internal regulations to regulate

its work and duties.

Chapter Three

Courts and Jurisdiction

Section One

Hierarchy of Courts

Article 9:

Courts shall consist of the following:

(1) The Supreme Court.

(2) Courts of appeals.

(3) First instance courts, which are:

(a) General courts.

(b) Penal courts.

(c) Family courts.

(d) Commercial courts.

(e) Labor courts.

Each court shall have jurisdiction over matters brought before it

in accordance with this Law, the Law of Procedure before Sharia

Courts and the Law of Criminal Procedure. The Supreme

Judicial Council may establish other specialized courts upon the

approval of the King.

Section Two

The Supreme Court

Article 10:

(1) The Supreme Court shall be seated in the City of

Riyadh.

(2) The Chief Judge of the Supreme Court shall be

appointed by royal order at the rank of minister, and his

services may not be terminated except by royal order.

He shall satisfy the conditions required to fill the post of

chief judge of a court of appeals. In his absence, the

senior most of the chief judges of the Supreme Court

panels shall act on his behalf.

(3) The Supreme Court shall be composed of a chief judge

and a sufficient number of judges of the rank of chief

judge of a court of appeals. Appointment of members

shall be by royal order pursuant to a recommendation

by the Supreme Judicial Council.

(4) Without prejudice to the provision of Article 13 of this

Law, the Supreme Court shall exercise its jurisdiction

through specialized panels as needed. Each panel shall

be composed of three judges except a penal panel that

reviews sentences of death, amputation, stoning or qisas

(lex talionis retribution) for criminal homicide or lesser

injuries shall be composed of five judges. Each panel

shall have a chief judge.

(5) Appointment of the chief judge of each of the Supreme

Court panels and its members shall be pursuant to a

decision by the Supreme Judicial Council upon the

recommendation of the Chief Judge of the Supreme

Court.

(6) There shall be a sufficient number of employees in the

Supreme Court such as researchers, specialists,

administrators, clerks, registrars and others as needed.

Article 11:

In addition to the powers provided for in the Law of

Procedure before Sharia Courts and the Law of Criminal

Procedure, the Supreme Court shall oversee the proper

application of the provisions of Sharia and the laws issued by

the King which are not inconsistent with Sharia in cases within

the jurisdiction of the general courts in relation to the following:

(1) Review of judgments and decisions issued or supported

by courts of appeals relating to sentences of death,

amputation, stoning, or qisas (lex talionis retribution) in

cases of criminal homicide or lesser injuries.

(2) Review of judgments and decisions issued or supported

by courts of appeals relating to cases not mentioned in

the previous paragraph or relating to ex parte cases or

the like without dealing with the facts of the cases

whenever the objection to the decision is based upon the

following:

(a) Violating the provisions of Sharia or laws issued

by the King which are not inconsistent with

Sharia.

(b) Rendering of a judgment by a court improperly

constituted as provided for in the provisions of

this and other laws.

(c) Rendering of a judgment by an incompetent

court or panel.

(d) An error in characterizing the incident or

improperly describing it.

Article 12:

Each of the Supreme Court panels shall convene headed

by its chief judge with all its members attending. If a member is

absent or becomes impeded from attending, the Chief Judge of

the Supreme Court shall replace him by a member of other

Court panels.

Article 13:

(1) The Supreme Court shall have a general panel headed

by the Chief Judge of the Court, with all its judges as

members.

(2) The General Panel of the Supreme Court shall undertake

the following:

(a) Determining general principles in issues relating

to the judiciary.

(b) Reviewing matters assigned to it by this Law or

other laws.

(3) The meeting of the General Panel shall not be valid

unless attended by at least two thirds of its members,

including the Chief Judge or whoever acts on his behalf.

(4) The decisions of the General Panel shall be taken by

majority vote of members present. In case of a tie, the

Chief Judge shall have the casting vote, and its decisions

shall be final.

Article 14:

If a supreme court panel decides – in connection with a

case before it – not to follow a precedent adopted by it or by

another panel in the same court, or if a court of appeals panel

decides not to follow a precedent established by a supreme

court panel, the matter shall be put before the Chief judge of the

Supreme Court to refer it to the General Panel of the Supreme

Court to decide it.

Section Three

Courts of Appeals

Article 15:

(1) There shall be one or more courts of appeals in each

province which shall exercise their work through

specialized panels. Each panel shall be composed of

three judges. A penal panel that reviews cases of

criminal homicide, amputation, stoning, or qisas (lex

talionis retribution) in a case of criminal homicide or

lesser injuries shall be composed of five judges. The

rank of a judge in a court of appeals shall not be lower

than the rank of an appeals judge, and each panel shall

have a chief judge.

(2) One or more specialized appeals panels may be

established in the counties attached to the province

where there is a court of appeals.

(3) The chief judge of each panel and its members shall be

appointed pursuant to a decision by the chief judge of

the court of appeals. The chief judge of the court – or a

court member deputized by him – shall preside over the

panel in the absence of its chief judge.

Article 16:

The courts of appeals panels are:

(1) Jural panels.

(2) Penal panels.

(3) Family panels.

(4) Commercial panels.

(5) Labor panels.

Article 17:

Courts of appeals shall review appealable judgments

rendered by first instance courts and shall decide, after hearing

the statements of litigants, in accordance with the procedures

provided for in the Law of Procedure before Sharia Courts and

the Law of Criminal Procedure.

Section Four

First Instance Courts

Article 18:

First instance courts shall be established in provinces,

counties and districts as needed.

Article 19:

General courts in provinces shall consist of specialized

panels that include panels for execution and for ex parte and

similar cases which are outside the jurisdiction of other courts

and notaries public, and decide on traffic accident cases and

violations provided for in the Traffic Law and its Implementing

Regulations. Each panel therein shall consist of a single judge or

three judges as determined by the Supreme Judicial Council.

Article 20:

A penal court shall be composed of specialized panels as

follows:

(a) Panels for qisas (lex talionis retribution) and hadd

(„Qur‟anic prescribed punishment‟) cases.

(b) Panels for ta’zir („discretionary punishment‟) cases.

(c) Panels for juvenile cases.

Each panel shall be composed of three judges except for cases

determined by the Supreme Judicial Council which shall be

reviewed by one judge.

Article 21:

A family court shall be composed of one or more panels,

and each panel shall consist of one or more judges as

determined by the Supreme Judicial Council and may include

specialized panels as needed.

Article 22:

A commercial court and a labor court shall be composed

of specialized panels, and each panel shall consist of one or

more judges as determined by the Supreme Judicial Council.

Article 23:

A general court in a county or district shall be composed

of one or more panels. Each panel shall consist of one or more

judges as determined by the Supreme Judicial Council.

Specialized penal, commercial, labor and family panels may be

established, whenever necessary, in the general courts of

counties and districts where no specialized courts are

established. Said panels shall have the powers of specialized

courts.

The Supreme Judicial Council shall determine the cases

to be reviewed by the general courts of one judge.

Article 24:

The chief judge, members or judge of each panel shall be

appointed pursuant to a decision by the court‟s chief judge. The

chief judge of the court or whomever he deputizes from among

the court members shall preside over the panel in absence of its

chief judge.

Section Five

Court Jurisdiction

Article 25:

Without prejudice to the provisions of the Law of the

Board of Grievances, the courts shall have jurisdiction to decide

all cases in accordance with the rules governing the jurisdiction

of courts set forth in the Law of Procedure before Sharia Courts

and the Law of Criminal Procedure.

Article 26:

(1) In cases other than those requiring inspection of the site

of dispute, courts may not hold their hearings in other

than their respective seats. Nevertheless, they may –

when necessary– hold their hearings in places other

than their usual seats, even if outside their area of

jurisdiction pursuant to a decision by the Supreme

Judicial Council.

(2) If necessary, the Supreme Judicial Council shall,

pursuant to a decision issued by it, assign one or more

panels to review cases relating to Hajj and Umrah

pilgrims. Regulations shall be issued pursuant to a

decision by the Council to regulate the work of these

panels and determine their venue and subject

jurisdictions.

Article 27:

If a case is brought before a court subject to this Law

and the same case is also brought before a court of the Board of

Grievances or of another authority having jurisdiction to decide

on certain disputes, and if both courts insist on reviewing the

case, or both decline to do so, a petition shall be submitted to

the Conflict of Jurisdiction Committee at the Supreme Judicial

Council for designating the competent authority. This

Committee shall be composed of three members: a member

from the Supreme Court to be selected by the Chief Judge of the

Court, a member from the Board of Grievances or from the

other authority to be selected by the President of the Board of

Grievances or the other authority, as the case may be, and a

member from among the full-time members of the Supreme

Judicial Council to be selected by the Chairman of the Council

who shall head this Committee. This Committee shall also have

jurisdiction to decide the dispute which arises in respect of

execution of two conflicting final judgments, one of which is

rendered by a court subject to this Law and the other by a court

of the Board of Grievances or the other authority.

Article 28:

In the cases mentioned in Article 27 of this Law, a

petition shall be submitted to the Secretariat General of the

Supreme Judicial Council. The petition shall include a sufficient

description of the case in which the dispute, abstention or the

two conflicting judgments occurred, in addition to particulars

related to names of litigants, their respective capacities, places

of residence and subject matter of the petition. The petitioner

shall file as many copies of this petition as there are litigants,

along with the documents supporting his petition. The

Chairman of the Conflict of Jurisdiction Committee shall

designate one of its members to prepare the case and present it

for litigation. The Secretariat shall notify the litigants by serving

them with copies of the petition and shall summon them to

appear at the hearing set for the preparation of the case.

Following such preparation, the case shall be presented to the

Chairman of the Committee, who shall set a hearing before the

Committee for the parties to litigate the subject matter of the

case.

Article 29:

Filing of the petition to the Committee referred to in

Article 27 of this Law shall stay the proceedings of the case in

respect of which the petition was submitted. If the petition is

submitted after a judgment has been rendered in respect of the

case, the Chairman of the Conflict of Jurisdiction Committee

may stay the execution of either conflicting judgments, or both.

Article 30:

The decision of the Conflict of Jurisdiction Committee

on the petition shall be issued by majority vote and shall not be

subject to objection.

Chapter Four

Judges

Section One

Appointment and Promotion of Judges

Article 31:

To be appointed as a judge, a candidate shall fulfill the

following requirements:

(a) He shall be of Saudi nationality by descent.

(b) He shall be of good character and conduct.

(c) He shall be fully competent to hold the position of a

judge in accordance with Sharia.

(d) He shall hold a degree from one of the Sharia colleges in

the Kingdom or any equivalent degree, provided that, in

the latter case, he shall pass a special examination to be

prepared by the Supreme Judicial Council.

(e) He shall not be less than forty years of age if he is to be

appointed to the rank of an appeals judge, and not less

than twenty two if he is to be appointed to any other

rank in the judiciary.

(f) He shall have not been convicted of a crime impinging

on religion or honor or been the subject of a disciplinary

action dismissing him from a public office, even if

rehabilitated.

Article 32:

Ranks of the judiciary are as follows:

Trainee Judge, Judge C, Judge B, Judge A, Deputy Chief Judge

of Court B, Deputy Chief Judge of Court A, Chief Judge of

Court B, Chief Judge of Court A, Appeals Judge, Chief Judge of

a Court of Appeals, and Chief Judge of the Supreme Court.

These positions shall be filled in accordance with the provisions

of this Law.

Article 33:

To hold the rank of Trainee Judge, a candidate must, in

addition to the requirements listed in Article 31, hold a

Bachelor‟s degree with a general grade not lower than (Good)

and with a grade of at least (Very Good) in Islamic

jurisprudence (Fiqh) and its principles (Usul al-Fiqh).

Article 34:

To hold the rank of Judge C, a candidate shall have

spent at least three years at the rank of Trainee Judge.

Article 35:

To hold the rank of Judge B, a candidate shall have

spent at least one year at the rank of Judge C or worked in

comparable judicial positions for at least four years, or taught

the subject of Islamic jurisprudence or its principles at a college

in the Kingdom for at least four years, or have obtained a

Master‟s degree from the High Judicial Institute or from a Sharia

college in the Kingdom in the field of Islamic jurisprudence or

its principles, or have obtained the Legal Studies Diploma from

the Institute of Public Administration from among holders of a

degree from a Sharia college in the Kingdom with a general

grade not lower than (Good) and with a grade of at least (Very

Good) in Islamic jurisprudence and its principles.

Article 36:

To hold the rank of Judge A, a candidate shall have

spent at least four years at the rank of Judge B, or worked in

comparable judicial positions for at least eight years, or taught

the subject of Islamic jurisprudence or its principles at a college

in the Kingdom for at least eight years, or have obtained a

Doctoral degree from the High Judicial Institute or from a

Sharia college in the Kingdom in the field of Islamic

jurisprudence or its principles.

Article 37:

To hold the rank of Deputy Chief Judge of Court B, a

candidate shall have spent at least three years at the rank of

Judge A, or worked in comparable judicial positions for at least

eleven years, or taught the subject of Islamic jurisprudence or

its principles at a college in the Kingdom for at least eleven

years.

Article 38:

To hold the rank of Deputy Chief Judge of Court A, a

candidate shall have spent at least two years at the rank of

Deputy Chief of Court B, or worked in comparable judicial

positions for at least thirteen years, or taught the subject of

Islamic jurisprudence or its principles at a college in the

Kingdom for at least thirteen years.

Article 39:

To hold the rank of Chief Judge of Court B, a candidate

shall have spent at least two years at the rank of Deputy Chief

Judge of Court A, or worked in comparable judicial positions

for at least fifteen years, or taught the subject of Islamic

jurisprudence or its principles at a college in the Kingdom for at

least fifteen years.

Article 40:

To hold the rank of Chief Judge of Court A, a candidate

shall have spent at least two years at the rank of Chief Judge of

Court B, or worked in comparable judicial positions for at least

seventeen years, or taught the subject of Islamic jurisprudence

or its principles at a college in the Kingdom for at least

seventeen years.

Article 41:

To hold the rank of Appeals Judge, a candidate shall

have spent at least two years at the rank of Chief Judge of Court

A, or worked in comparable judicial positions for at least

nineteen years, or taught the subject of Islamic jurisprudence or

its principles at a college in the Kingdom for at least nineteen

years.

Article 42:

To hold the rank of Chief Judge of a Court of Appeals, a

candidate shall have spent at least two years at the rank of

Appeals Judge.

Article 43:

The Master‟s degree or diploma provided for in this

Law shall be equivalent to a four-year service in comparable

judicial positions, and the Doctoral degree provided for in this

Law shall be equivalent to a six-year service in comparable

judicial positions.

Article 44:

(1) The probation period for a trainee judge shall be two

years from the date of assuming his position pursuant to

a decision by the Supreme Judicial Council to appoint

him to this position. If, during this period, he is deemed

unfit for the judiciary, the Supreme Judicial Council

shall issue a decision to dismiss him from the judiciary.

(2) A newly appointed judge shall be under probation for

one year, and if he is not proven fit during this period,

his service shall be terminated by royal order.

(3) A judge appointed for the first time shall be given an

allowance equivalent to a three-month salary.

Article 45:

Without prejudice to the provisions of this Law, a

member of the judiciary shall enjoy the rights and guarantees

provided for in the Civil Service Law and Retirement Law and

shall observe the duties provided for in the Civil Service Law

which do not conflict with the nature of judicial positions.

Article 46:

With the exception of trainee judges and persons

appointed under probation, a member of the judiciary may not

be dismissed except for reasons provided for in paragraphs (f),

(h), (g) of Article 69 of this Law and in accordance with

procedures provided for therein.

Article 47:

Appointment and promotion in the judiciary shall be by

royal order pursuant to a decision by the Supreme Judicial

Council stating that the legal requirements are satisfied on a

case by case basis. In promotion, the Council shall take absolute

seniority into consideration. If candidates are equal in seniority,

priority shall be given to the most competent, as per the

proficiency reports. In case of equal proficiency or in the

absence of proficiency reports, priority shall be given to age

seniority. A member of the judiciary under evaluation may not

be promoted unless he has been at least twice evaluated at his

current rank and received a proficiency rating not lower than

average in the last two reports prior to promotion.

Article 48:

Salaries of members of the judiciary of all ranks shall be

in accordance with the Salary Scale of Judges.

Section Two

Transfer, Secondment and Leaves of Judges

Article 49:

Members of the judiciary may not be transferred or re-

assigned within the judiciary except pursuant to a decision by

the Supreme Judicial Council. Nor may they be transferred,

assigned or seconded outside the judiciary except by royal

order pursuant to a decision by the Supreme Judicial Council

specifying the remuneration due to the assigned or seconded

judge. Assignments or secondments shall be for one year

renewable for another year. However, the Chairman of the

Supreme Judicial Council may, in exceptional cases, assign a

member of the judiciary to another position within or outside

the judiciary for a period not exceeding three months per year.

Article 50:

Pursuant to a decision issued by him, the Chairman of

the Supreme Judicial Council shall permit judges to take their

leaves in accordance with relevant provisions.

Section Three

Duties of Judges

Article 51:

A judge may not engage in commerce or work or hold a

position inconsistent with the independence and dignity of the

judiciary. The Supreme Judicial Council may decide to prevent

a judge from engaging in any work the performance of which,

in its opinion, conflicts with the duties of the position and the

proper performance thereof.

Article 52:

Judges may not disclose deliberations.

Article 53:

A judge shall reside in the locality of his place of work.

The Supreme Judicial Council may, in exceptional

circumstances, give a judge permission to reside temporarily in

another locality near his place of work.

Article 54:

A judge may not absent himself from work, nor

discontinue working, except in unforeseen emergencies, before

obtaining written permission to do so.

Section Four

Inspection of Judges’ Work

Article 55:

(1) A department for judicial inspection shall be set up at

the Supreme Judicial Council, consisting of a head, an

assistant and a sufficient number of full-time judges to

be selected by the Council from among judges of courts

of appeals and first instance courts.

(2) The Judicial Inspection Department shall undertake the

following:

(a) Inspecting of the work of judges of courts of

appeals and first instance courts in order to

gather information which would lead to

determining their level of proficiency and the

extent of their keenness in the performance of

their duties.

(b) Investigating of complaints submitted by judges

or against them in matters relating to their jobs

after they are referred to the Department by the

Supreme Judicial Council.

Inspection and investigation referred to in (a) and (b)

of this paragraph shall be carried out by a member of the

judiciary of a rank higher than that of the judge under

investigation or whose work is being inspected, or by a

member senior to him, if both are of the same rank. The

investigation and inspection shall be carried out at the

Judicial Inspection Department or at the court as may be

determined by the Chairman of the Supreme Judicial

Council.

(3) Inspection of members of the judiciary shall be carried

out at least once and not more than twice a year.

Article 56:

The following ratings shall be used in evaluating the

proficiency of a judge:

Distinguished, Above Average, Average, Below Average

Article 57:

(1) The Judicial Inspection Department shall notify the

judge concerned of the report and his proficiency rating

as well as all that is kept in his file, and he may file with

the Inspection Department his objection to the same

within thirty days from the notification date, unless

there is an acceptable excuse.

(2) The Judicial Inspection Department shall refer the

objection along with a memorandum stating its views to

the Supreme Judicial Council within fifteen days from

the filing date.

The Council shall decide on the objection after perusal

of the documents and shall notify the objecting petitioner, in

writing, of the Council‟s decision. Said decision shall be

deemed final.

Section Five

Disciplining of Judges

Article 58:

Without prejudice to the impartiality and independence

of the judiciary and the right of the Supreme Judicial Council to

supervise courts, judges and their work, the chief judge of each

court shall have the right to supervise the judges of his court

and notify them of all acts violating their duties or requirements

of their positions after hearing their statements. The notification

may be made verbally or in writing, and in the latter case, a

copy of the notification shall be sent to the Supreme Judicial

Council. The judge may object to the notification– in writing–

before the Council within fifteen days from the notification

date. If the violation is repeated or continued, he shall be

subjected to a disciplinary trial.

Article 59:

Disciplining of judges shall be the responsibility of a

panel to be formed at the Supreme Judicial Council of three

judges from among full-time Council members. Decisions of the

said panel shall be taken by majority vote but shall not be final

except with the approval of the Council.

Article 60:

The head of the Judicial Inspection Department or his

designee shall file the disciplinary action before the Disciplinary

Panel upon request by the Chairman of the Supreme Judicial

Council either on his own initiative or upon the suggestion of

the chief judge of the court to which the judge belongs. Such

request shall not be filed except in accordance with a criminal

or administrative investigation carried out by a judge whose

rank shall not be lower than an Appeals Judge, to be assigned

by the Chairman of the Supreme Judicial Council.

The initial pleading of the case shall include the

violation and supporting evidence. The Panel shall issue a

decision to summon the judge to appear before it.

The Disciplinary Panel may, with the approval of the

Supreme Judicial Council, carry out the investigations it deems

necessary and may assign any of its members to carry out such

investigations.

Article 61:

If the Disciplinary Panel finds grounds to initiate trial

proceedings for all or some of the violations, it shall summon

the judge to appear at a suitable time. The writ of summons

shall include a sufficient statement of the subject matter of the

case and the evidence of the violation.

Article 62:

If the Disciplinary Panel decides on the initiation of trial

proceedings, it may, upon the approval of the Supreme Judicial

Council, order the suspension of the judge from performing his

duties until the end of the trial. The Panel may at any time

reconsider the suspension order.

Article 63:

The disciplinary action shall end upon the resignation of

the judge. The disciplinary action shall have no effect on the

criminal or civil suit arising from the incident itself.

Article 64:

The hearings of the Disciplinary Panel shall be

confidential. The Disciplinary Panel shall render its judgment

after it has heard the defense of the defendant judge, who may

submit his defense in writing or empower a member of the

judiciary to defend him. The Panel shall always have the right

to summon him to appear in person. If he does not appear in

person or empower somebody on his behalf, a judgment by

default may be rendered after ascertaining that he was properly

notified.

Article 65:

Judgment rendered in the disciplinary action shall

include the grounds upon which it is based, and such grounds

shall be stated upon pronouncing the judgment in a

confidential session. The judgment shall not be subject to

appeal.

Article 66:

The disciplinary penalties which may be imposed on the

judge shall be reprimand and termination of service.

Article 67:

Execution of the penalty of termination of service shall

be pursuant to a royal order and the penalty of reprimand shall

be in accordance with a decision issued by the Chairman of the

Supreme Judicial Council.

Article 68:

In cases where a judge is caught in a criminal act, the

matter shall, upon the arrest and detention of the judge, be

reported to the Supreme Judicial Council within twenty four

hours from his arrest. The Council may decide whether the

judge shall continue to be detained or released on or without

bail. The judge may request that his statements be heard before

the Council, upon bringing the case before it. The Council shall

specify the term of detention in the decision ordering either

detention or the continuation thereof. The aforementioned

procedures shall be observed whenever the continuation of

detention is deemed necessary after the expiration of the term

fixed by the Council. Except in the foregoing cases, the judge

may not be arrested nor may investigation proceedings be

instituted against him except with the permission of the

Council. Detention of judges and execution of punishments

restraining their freedom shall be implemented in separate

places.

Section Six

Termination of Service of Judges

Article 69:

The service of a judge shall terminate for one of the

following reasons:

(a) Reaching seventy years of age.

(b) Death.

(c) Acceptance of his resignation.

(d) Acceptance of his request to retire in accordance with

the Civil Retirement Law.

(e) Being unfit for the judiciary in accordance with Article

44 of this Law.

(f) Inability to perform his duty after expiration of his sick

leave or if it appears at any time that he is unable to

perform his duty properly due to his sickness.

(g) Obtaining below average grade in proficiency reports

for three consecutive times.

(h) Termination of his service for disciplinary reasons.

Article 70:

In cases other than death and retirement for having

reached the statutory age, or, with respect to a trainee judge, for

being proven unfit during the probation period, the service of a

judge shall be terminated by royal order pursuant to a decision

issued by the Supreme Judicial Council.

Chapter Five

Ministry of Justice

Article 71:

(1) Without prejudice to the provisions of this Law, the

Ministry of Justice shall be entrusted with

administrative and financial supervision of courts and

notaries public.

(2) The Ministry of Justice shall submit proposals or

projects to promote the administration of justice.

(3) A research center shall be established at the Ministry of

Justice with a sufficient number of specialists with a

university degree at least to publish select judgments

with the approval of the Supreme Judicial Council.

Article 72:

The Deputy Minister of Justice shall be selected from

among practicing or former judges of the rank of Chief Judge of

Court B or higher, or who has previously held such rank. He

shall be appointed to "Grade Excellent".

Chapter Six

Notaries Public

Section One

Notaries Public and their Jurisdiction

Article 73:

The establishment of notaries public and determination

of their jurisdiction and formation shall be pursuant to a

decision by the Minister of Justice. The head of each office shall

supervise the notaries public under his authority.

Article 74:

Notaries public shall have jurisdiction to authenticate

contracts and record declarations other than endowments and

wills. Some of such jurisdictions may be entrusted to others in

accordance with regulations to be issued by the Minister of

Justice upon the approval of the Supreme Judicial Council.

Article 75:

In localities with no notaries public, the function of the

notary public shall be entrusted to the court of that locality.

Said court shall have the jurisdictions and powers of the notary

public within the court‟s venue jurisdiction.

Section Two

Appointment and Inspection of Notaries Public

Article 76:

To be appointed as a notary public, a candidate shall

satisfy the requirements provided for in paragraphs (a), (b), (c),

(d) and (e) of Article 31 of this Law.

Article 77:

Regulations issued by agreement between the Minister

of Justice and the Minister of Civil Service with regard to

determination of qualifications required for various ranks of

notaries public shall remain in effect. Said Ministers may

amend such Regulations in accordance with the provisions of

this Law.

Article 78:

Without prejudice to the provisions of this Law, notaries

public shall be subject to all provisions applicable to civil

service employees.

Article 79:

Notaries public shall be subject to judicial inspection in

accordance with the provisions of this Law.

Section Three

Power of Documents Issued by Notaries Public

Article 80:

Documents issued by the notaries public under the

powers provided for in Article 74 of this Law shall have

dispositive power and shall be admitted as evidence in courts

without additional proof. Such documents may not be

contested except on grounds of being in violation of the

requirements of Sharia or law or being forged.

Chapter Seven

Employees of Courts and Notaries Public

Article 81:

Registerers, recorders, researchers, process servers,

interpreters, experts, secretaries and the like shall be deemed

assistants to the judiciary. The Minister of Justice, after

agreement with the Chairman of the Supreme Judicial Council,

shall issue the regulations stating the rules and procedures

regulating their work.

Article 82:

Without prejudice to the provisions of the Civil Service

Law relating to appointment conditions, persons to be

appointed as assistants to the judiciary and employees of courts

shall pass an examination, the procedures and conditions of

which shall be determined pursuant to a decision to be issued

by the Minister of Justice after agreement with the Chairman of

the Supreme Judicial Council.

Article 83:

The provisions of the Civil Service Law– when not

inconsistent with the provisions of this Law – shall apply to

court employees and notaries public. Employees of each court

and notaries public shall be under the supervision of their

administrative head, and all shall be subject to the supervision

of the chief judge of the court or the head of the notaries public

as the case may be.

Chapter Eight

General and Transitional Provisions

Article 84:

All appointments and promotions in the judiciary shall

be effected within the appropriations made in the budget and

the provisions thereof.

Article 85:

This Law shall supersede the Law of the Judiciary

issued by Royal Decree No. M/64 dated 14/07/1395 H.


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