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WEEKLY NEWSLETTER
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Saudi Arabia
Index
The administration of justice in the armed forces was
regulated by the Code of Military Justice, decreed and published
by the minister of defense in 1947. It was applicable to all
members of the armed forces, all retired personnel, and civilians
working for the armed forces who committed crimes or offenses of
a military nature or in violation of military regulations.
Military trial courts operating under the authority of the
Ministry of Defense and Aviation had jurisdiction over personnel
subject to the code. Crimes in violation of the sharia, however,
were under the jurisdiction of sharia courts.
A military trial court consisted of officers who had to be
senior to the defendant if an officer were to be tried. The court
included a president and four other voting members, plus a legal
adviser, an attorney representing the government, and an attorney
representing the accused. Trial procedures were direct and
uncomplicated, and trials were conducted in a manner intended to
protect the rights of the accused. The burden of proof was on the
government. A case was brought to trial only after a thorough and
impartial investigation, after which a complete report of the
alleged crime or incident was submitted to the military commander
having jurisdiction, who then could recommend either trial or
dismissal of charges. The court's decision could be invalidated
or a sentence commuted by the minister of defense and aviation or
the king for irregularities, omissions, evidence of prejudice, or
evidence that pressure had been brought to bear. The king and the
minister had sole power of review of sentences imposed by
military trial courts, and, subject to their concurrence, the
judgments of the courts were final.
Punishable offenses under the Code of Military Justice were
classified as felonies, misdemeanors, or disobediences. Felonies
and misdemeanors were subject to trial, and upon conviction a
defendant could be sentenced to severe punishment or to
disciplinary punishment as prescribed by the court. Disobediences
were less serious offenses and were punishable administratively.
Felonies punishable under the military code included high
treason against the kingdom and disloyalty to the king or to the
armed forces. Severe punishments were prescribed for those found
guilty of such crimes. Military misdemeanors meriting the
imposition of disciplinary punishment included such acts as
misbehavior that brought discredit on the armed forces, misuse of
authority, misuse of military funds or equipment, agitation to
leave the service, and violation of military regulations and
directives. Disciplinary punishments ranged from forfeitures of
pay and allowances for from one to three months to imprisonment
for up to eighteen months. Disobedience and failure to obey
orders were punished administratively. Punishments, which ranged
from forfeiture of one day's pay and imprisonment for twenty-four
hours to imprisonment for forty-five days, were scaled according
to the seriousness of the offense as prescribed in the Code of
Military Justice.
Data as of December 1992
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