The official gazette 'Umm al-Qura' published a regulation on the powers of the Oversight and Anti-Corruption Authority to implement the provisions of the Criminal Procedure Law and its executive regulations, and the Public Prosecution Law, in a step aimed at organizing the mechanism for the Authority to exercise its jurisdiction in investigating and prosecuting corruption crimes, and specifying the detailed powers and procedures it exercises during the stages of investigation, inquiry, and trial.

The regulation consists of four chapters and 21 articles, and defines the competencies of the head of the authority, the Investigation and Criminal Prosecution Unit, heads of departments and branches, investigators, public prosecutors, and criminal investigation officers, in line with the Criminal Procedure Law and the Public Prosecution Law.

The regulation affirmed that the Authority applies all provisions of the Criminal Procedure Law and its executive regulations, along with the provisions of the Authority’s law, in all stages of investigation, inquiry, and trial in corruption crimes, granting criminal investigation officers, investigators, and public prosecutors the powers assigned to each, except for competencies related to the supervision and inspection of prisons.

It also granted the head of the authority the powers assigned to the Public Prosecutor in the Criminal Procedure Law, with the exception of what is stipulated in Article (112) of the law.

Direct supervision of criminal investigation officers

The regulation placed criminal investigation officers in corruption cases under the supervision of the Investigation and Criminal Prosecution Unit, and granted it the authority to demand accountability of any investigation officer who breaches his duties or neglects his work, and even to request the filing of a disciplinary case against him, without prejudice to the possibility of filing a criminal case when necessary.

Organization of requests for recusal of the investigator

The regulation designated the competent authority to consider requests for the recusal of the investigator from the investigation, whereby the head of the department or the head of the branch accepts or rejects the request according to the governing provisions.

Authority to issue search warrants for residences

The regulation organized the issuance of search warrants for residences in corruption cases, assigning this authority to the head of the department or the head of the branch, as the case may be, in accordance with the Criminal Procedure Law.

Seizure of funds and bank balances

The regulation granted the head of the department or the head of the branch the authority to send requests to seize funds and balances held at banks, to attach them, and to inquire about them during the investigation stage, provided that this is done through the Saudi Central Bank.

These procedures are among the main tools for tracking funds linked to corruption crimes and preserving them until the completion of investigations.

Organization of case filing

The regulation also organized the mechanism for filing case documents, where the decision to file is issued by the Deputy Head of the Investigation and Criminal Prosecution Unit, or his delegate, based on the investigator’s recommendation.

Hearing witnesses outside the jurisdiction

The regulation permitted the investigator, after obtaining the necessary approval, to personally hear witnesses outside his territorial jurisdiction, thereby expediting investigation procedures when needed.

Appointment of an alternate investigator when not possible

If the interrogation of the arrested suspect is not possible due to a reason attributable to the competent investigator, the head of the department or branch shall assign another investigator to complete the investigation procedures, ensuring that the case is not delayed.

Orders to hand over seized items

The regulation granted the head of the department or the head of the branch the authority to issue orders to hand over items in the possession of any person if they are related to the crime under investigation, or to enable the investigator to examine them.

Right of grievance and objection

The regulation organized the procedures for grievance against certain investigation decisions, including grievance against arrest warrants or their extension, and specified the competent authorities to consider these grievances according to the entity that issued the decision.

Extension of detention up to 40 days

The regulation permitted the head of the department or the head of the branch to issue orders to extend the detention of the suspect for one or several consecutive periods, provided that the total does not exceed forty days from the date of arrest.

If the investigation interest requires the continuation of detention for a longer period, the matter is referred to the head of the authority, with the possibility of delegating this authority to the head of the Investigation and Criminal Prosecution Unit.

Ratification of release and case dismissal

The regulation also organized the procedures for ratifying orders to release detained suspects and orders to dismiss cases, making the default that the head of the department or the head of the branch does so, while requiring for major crimes the ratification of the head of the authority before the decision takes effect, with the possibility of delegating the head of the unit.

Accountability of members of the Investigation Unit

The regulation did not limit itself to organizing the investigation of suspects, but also regulated the accountability of members of the Investigation Unit themselves, granting the head of the department or the head of the branch the authority to caution any member who violates his job duties, while granting him the right to object and request an investigation, and to form a committee to consider the objection, ultimately leading to the filing of a disciplinary case if the violation recurs or persists.

Unified procedural framework

The regulation represents a procedural framework that organizes how the Oversight and Anti-Corruption Authority exercises its competencies in investigating and prosecuting corruption crimes, by defining responsibilities within the Authority, mechanisms for issuing orders, methods of grievance, and powers related to arrest, search, and seizure of assets, thereby achieving clarity of procedures and uniformity of their application in accordance with the prevailing judicial regulations in the Kingdom.