The Cabinet approved a regulation on the powers of the Oversight and Anti-Corruption Authority (Nazaha) to implement the provisions of the Criminal Procedure Law, its executive regulations, and the Public Prosecution Law. This step aims to organize the procedural powers granted to the authority in investigating corruption crimes, define the powers granted to the president, heads of units, departments, and branches, enhancing investigation efficiency, unifying procedures, and raising the level of governance and oversight in corruption-related cases.

The regulation included a chapter on the powers stipulated in the Criminal Procedure Law and its executive regulations, stating that criminal investigation officers in the authority and other entities - except for Public Prosecution members - are subject to the supervision of the specialized unit regarding criminal investigation work in corruption crimes.

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The unit was granted the power to address the competent authority, through the authority, to consider any violation or negligence by criminal investigation officers while performing their duties, with the possibility of requesting disciplinary action against them, provided that the unit is notified of the measures taken, without prejudice to the right of competent authorities to file criminal proceedings when warranted by the facts.

Search and Seizure

The regulation designated the competent authority to consider requests for the recusal of an investigator, assigning the head of the department or branch, as applicable, the power to accept or reject requests submitted by any party, as stipulated in the executive regulation of the Criminal Procedure Law. The regulation also authorized the head of the department or branch to issue orders to search residences in cases permitted by the law, and to receive reports stipulated in the executive regulation of the Criminal Procedure Law, ensuring the prompt taking of necessary legal procedures during the investigation phase. Furthermore, the regulation empowered the head of the department or branch to send requests to seize, freeze, and inquire about funds and balances held in banks during the investigation phase, through the Saudi Central Bank, in accordance with established legal procedures. The regulation also granted the deputy head of the unit, or whoever is delegated by the head of the department or branch, the power to issue orders to archive documents based on the investigator's recommendation, as required by the provisions of the Criminal Procedure Law, ensuring administrative and legal oversight over archiving decisions. The regulation included special provisions for hearing witnesses, authorizing the president, head of the unit, head of the department, or head of the branch, depending on jurisdiction, to issue the necessary approval for the investigator to personally hear testimony outside his spatial jurisdiction when investigation circumstances require it. In case the interrogation of an arrested suspect is impossible for reasons attributable to the investigator, the regulation permits the head of the department or branch to assign another investigator to complete the interrogation procedures, ensuring that the investigation is not delayed or the suspect's rights are compromised. The regulation also granted the president, head of the unit, head of the department, or head of the branch the power to approve the assignment of the competent investigator when investigation interests require it, in addition to authorizing the head of the department or branch to issue orders to deliver objects, documents, or seized items held by any person if they are relevant to the crime under investigation, or to enable the investigator to review them in accordance with legal procedures.

Objection and Complaint Procedures

The regulation organized the procedures for objections and complaints related to investigation work, stipulating that the complaint stipulated in the Criminal Procedure Law shall be made to the head of the department or branch to which the investigator belongs, and that objections to certain decisions shall be made to the same entity, ensuring prompt resolution of complaints within the administrative hierarchy of the authority. The regulation clarified that notification of the detention director shall be made to the head of the department or branch as applicable, and defined the mechanism for appealing detention orders and their extension, whereby the appeal is submitted to the head of the department or branch if the detention order was issued by the investigator, to the head of the unit if the extension order was issued by the head of the department or branch, and referred to the head of the authority if the extension order was issued by the head of the unit. The regulation permitted the head of the department or branch to issue orders for the release of the suspect or extension of his detention for consecutive periods, provided that the total does not exceed forty days from the date of arrest. In cases requiring continued detention for a longer period, the matter is referred to the head of the authority, who may delegate the head of the unit in this regard. The regulation stipulated that ratification of orders to archive the case and release the detained suspect falls within the competence of the head of the department or branch, except for major crimes, where such orders become effective only after ratification by the head of the authority, with the possibility of delegating this power to the head of the unit. In the chapter on powers based on the Public Prosecution Law, the regulation granted the head of the department or branch the right to notify members of the unit of any violation of their job duties or work requirements, after hearing their statements, with the notification being verbal or written. If written, a copy is sent to the head of the authority. The regulation guaranteed the right of a unit member to object to the notification within fifteen days from the date of being informed, by requesting an investigation into the incident on which the notification was based. It clarified that a specialized committee is formed for this purpose, chaired by the head of the authority and including a member of at least the rank of Deputy Head of a Class A Investigation and Prosecution Department, or chaired by the head of the unit and including a member of at least the rank of Deputy Head of a Class B Investigation and Prosecution Department, as applicable. The committee, after hearing the statements of the objecting member, may assign one of its members to conduct an investigation if it finds grounds for it, then issues its decision either upholding the notification or considering it as if it never happened, and the decision is communicated to the unit council. If the violation is repeated or continues after the committee upholds the notification, disciplinary proceedings are initiated against the member in accordance with approved legal procedures.