Criminal procedures relevant to crimes of killing in the Kingdom of Saudi Arabia
This thesis aims to present the contemporary legal criminal procedures in Saudi Arabia that are relevant to crimes of killing. The thesis is divided into five chapters; each chapter is divided into two or three sections; and every section contains various sub-sections. Part one in the first section of chapter one provides a general introduction to the criminal procedures, its establishment and objectives in Islamic law. Part two discusses the general essential elements that must exist in the analysis of every crime. The general divisions of crimes have been pointed out in this part, as well as importance of this classification in Islamic law. Section two of this chapter embodies two parts which reflect respectively the sources of criminal procedure, as the ground from which it derives its legal authority; in addition, it provides miscellaneous statistics that indicate the effect of Islamic criminal law on decreasing crime rate in Saudi Arabia. Chapter two consist of two sections in which crimes of killing are classified. Part one of the first section discuses the fundamental components of intentional killing; types of punishments imposed upon a murderer, and the infliction of the death penalty as aq'sas in Saudi Arabia. The contemporary legal methods and conditions to implement capital punishments in Saudi Arabia has been discussed in the second part of this section. The second section deals with unintentional crimes of killing which comprise quasi-murder and killing by mistake. The due punishments for such crimes have been detailed in the first part of this section. The Saudi legal system of blood-money has been elaborately discussed in the second part. Chapter three is divided into three sections, each section contains various parts. Part one and two in the first section concentrate on examining those crimes of killing that are committed by a group of people, who either directly or indirectly participated in the crime. The effect of circumstances of insanity, infancy and intoxication, on annulling criminal responsibility has been comprehensively discussed in the second section. The last section of this chapter focuses on examining the effect of certain extenuating circumstances, such as self-defence and defence of honour, upon criminal liability. Chapter four deals with the contemporary Saudi pre-trial criminal proceedings relevant to crimes of killing. The first section of this chapter comprises six parts. The discussion in these parts focuses upon the legal procedure of examining suspects, searching of private premises, and the rights of suspect during this stage of police investigation. Section two deals with the pre-trial legal procedure following the detection of crimes of killing. It also covers the legal process of pre-trial detention, release proceedings, and the rights of the detained person. Chapter five embodies three sections which provide a comprehensive discussion to the trial proceeding and the consequent procedure after the trial. This includes: the Saudi courts system; the rule of evidence for proving criminal cases; the procedures of hearing cases of crimes of killing; the rights of the accused during this stage; and the ensuing legal process required to implement the judgement.