المرجع

عقوبة السرقة في القانون السعودي

Punishment for theft in Saudi law. The Saudi regime criminalizes the act of theft, and stipulates many of the consequent penalties. Accordingly, the reference site has devoted this article to clarifying what the crime of theft is, the penalty for theft in Saudi law, and the conditions that must be met for imposing a penalty for theft. Cases of non-application of the theft limit, the penalty for attempted theft, the prison term for the thief in Saudi Arabia, the types of theft in Saudi law, the difference between the crime of theft and other crimes, and the penalty for stealing cars, food and mobile phones in Saudi Arabia.

What is the crime of theft?

The crime of theft (English: the crime of theft) is a crime that is sometimes called “unlawfully taking the money of others.” In general, the crime occurs when a person takes another person’s property and carries it without permission with the intent to permanently deprive the owner of it. Many systems define the crimes of theft of all kinds, where the basic distinction between the types of theft may be related to petty theft and grand theft.[1]

Theft can be classified as grand theft – and therefore a more serious crime – for a variety of reasons, depending on the jurisdiction. The crime can also be called “first degree” theft, as laws in many countries consider theft to be grand theft over for example; that property is taken directly from the person, but by means other than force or fear, or theft connected with murder, and petty theft is one that is not accompanied by any other criminal act; for example; We steal from someone.[1]

Punishment for theft in Saudi law

Many people think that the punishment for theft in Saudi law is a unified punishment for all acts of theft that take place on the territory of the Kingdom of Saudi Arabia, as it is the punishment stipulated in Islamic Sharia, which is the punishment for the punishment of cutting off the hand, but this belief is not true at all, as the crimes of theft It has many different forms, and each crime has a specific penalty that varies according to the gravity of the crime and the thing stolen.

And if the crime of theft in its entirety consists in taking the money of others unjustly, but at the same time this crime differs according to the circumstances in which it occurred, there are minor theft crimes, and crimes of theft associated with other crimes, and accordingly the Saudi system took what is stipulated by Islamic Sharia in some The cases, not in their entirety, and the theft limit to be applied, many conditions must be met in order for the theft limit to be judged, which will be clarified.

Punishment for attempted murder in Saudi law

Conditions that must be met for the imposition of the penalty for theft in Saudi law

It is true that Islamic Sharia has arranged the penalty of cutting off the hand for the crime of theft, but this penalty does not apply to every act of theft committed by the thief, and it is not possible to apply the penalty for theft unless certain conditions are met. These conditions are as follows:

  • That the stolen money be protected in all possible ways.
  • That the money belongs to a specific person, and whether this person is a natural person, or a legal person, such as stealing from a bank, or stealing a car from a car showroom, in this case it is certain that the punishment of the limit stipulated in Islamic Sharia is applied.
  • In order for the punishment of theft to be established in the manner prescribed in Islamic law by cutting off the hand, there are two witnesses who testify against the thief that he committed the theft, or through the thief’s own admission twice that it was he who committed the theft.
  • In order for the hadd punishment to be imposed on the crime of theft, it is mainly required that the thief be of sound mind and an adult.
  • It is worth noting that a limit has been set for the value of the stolen goods in Islamic law, which is that it should not be less than three Islamic dirhams, which is now equivalent to 153 Saudi riyals. In contrast, the Saudi system did not recognize this figure that the theft limit must be applied; Because of the evolution of life and its changing conditions.

Cases of non-compliance with theft limit in Saudi law

The following are some cases in which, if available, the theft limit cannot be applied in the Saudi system, including:

  • In some cases, the punishment for theft is not imposed by cutting off the hand, especially if the money was abandoned or neglected or in a public place.
  • The penalty for theft does not apply if the owner of the money does not want to inflict the penalty on the offender; That is, he has waived his own right to the extent of theft, in which case this penalty can be replaced with another penalty.
  • There are also many cases in which the theft limit does not apply; such as unappreciated loot; as food theft.
  • The theft limit shall not be imposed on an unsane person or adult; Like a child or a madman.

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The penalty for attempted theft in the Saudi system

The Saudi regime set a penalty for acts of theft in the Kingdom of Saudi Arabia, so that these penalties aim first and foremost to repel the criminals, and work to put an end to the various acts of theft, or not to repeat such acts, and accordingly the Saudi regime arranged to initiate theft as well. a penalty, even if the theft is committed entirely; Any crime of outright theft, as once an act of theft is attempted, or an attempt is made to do any act that would threaten the interests and rights of others, the Saudi regime found it necessary to impose a penalty on the attempted theft.

How long is a thief imprisoned in Saudi Arabia?

First, it must be mentioned here that when the punishment for theft limit will be applied, all the special conditions for the theft limit, which were previously referred to, must be met, and there are some other cases of theft crimes that are punishable by imprisonment for a period ranging from one to five years, depending on the nature of the crime. And the quality of the stolen items, and in the case of a repetition of the crime, in addition to an indication of the ways in which the theft was carried out, or it is possible for the competent judge to rule on the flogging, and he also has the power to determine the quorum of the penalty, through the value of the stolen items, in addition to their severity, and the assessment of the penalty is up to the subject judge .

How long is the general prison sentence for theft?

Types of theft in the Saudi system

The types of theft in different countries are usually divided into: described theft, and non-described theft. In the Saudi system, the types of theft may be divided into:

  • Hudud Theft: It is the crime of theft through which the punishment of the robbery is imposed on the thief, which is to cut off the hand, in the event that the specific conditions mentioned earlier are present.
  • Reinforcement theft: These are crimes of theft in which the punishment for theft is not applied, and there are many forms of acts of reinforcement theft, for example; Theft of public funds, theft between spouses, thefts involving servants or guests, and the like.

The difference between the crime of theft and other money crimes

As it was previously indicated that the crime of theft in this scope means taking the money of others without the right, or without any legal basis in that, and without the knowledge or consent of the owner of the stolen thing, or by inflicting coercion on the owner, so that this act is called the crime of burglary, and it is worth Mention in this direction the crime of theft, even if it is among the types of crimes against money, for example:

  • The crime of theft is completely different from the crime of embezzlement, as the latter aims to obtain money, but often without a similar one, while the crime of embezzlement is also the unlawful taking of others’ money as well.
  • It also differs from the crime of theft from the crime of looting, where the latter is considered as taking the money of others under coercion and force.

Punishment for car theft in Saudi Arabia

Money is the backbone of life, so money is everything owned by an individual, as it is not limited to circulating money only, but to all money owned by a person, and accordingly the crime of theft falls on all property belonging to the individual, or what he does with money, for example example; Crimes of theft against the trademark, and crimes of theft against intellectual and literary property rights, and since money is the backbone of an individual’s life, the Islamic Sharia has warned and necessitated avoiding eating others’ money unjustly, and at the same time warned not to infringe on the rights of the car unjustly.

Cars are also included in these funds, as recently a large spread of car theft crimes has been observed, and it is one of the crimes that exist everywhere, and the crimes of major theft that necessarily require the punishment of arrest, and in the Saudi system it can be applied to the crime of theft Cars are the penalty for theft in the establishment of the limit by cutting the limit, when all the conditions for inflicting the penalty for theft that were mentioned previously are fulfilled, but in the event that these conditions are not met, the penalty is not lifted from the offender, but the appropriate penalty is imposed on the thief, which is the penalty of detention for a period Not less than 5 days, and the judge has the discretion to specify a longer period, in his opinion, as necessary.

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Car theft from home area

This crime occurs if the vehicle is found within the confines of the house; For example, if the car is in the garage of the car designated for it, or the car is inside the fence of the house in the garden, and in this case the car is considered to be in a safe, and through that the following provisions follow:

  • In the event that the woman is found in custody, the penalty for theft shall be applied.
  • Accordingly, it is disregarded whether the car is closed or open, or there is a guard on it or not, especially since it is located in Haraz, and not in a public place.
  • In this context, the jurists differed in the field of whether the check was open or not. Some jurists, including the Shafi’is and the Hanbalis, consider that the closed lock is applied to the limit of theft, but in the event that the guard is open, the limit of theft is not applied.
  • Some other jurists, including the Malikis, are of the view that the limit for theft is to be applied, even if the watch is open. Saudi Arabia has taken the opinion of the first direction.
  • Perhaps the reason for this lies in considering that the open guard detracts from the value of the guard, as it is not possible in this context to apply the limit of theft.
  • But if the car is in the house, and the house is not surrounded by a fence, the theft limit is applied, if the car is locked, and the engine is also completely turned off, so the person who steals it is definitively intending to free it from its closed confinement.
  • On the other hand, if the owner of the car has left it for a long time without using it, or was negligent in using it, such as leaving the car open, or the engine was running, and the car keys inside or near it, the theft limit is not applied, since in this context the condition of closed custody is negated. Thus, the suspension rule is applied.

Car theft crime

The theft penalty of cutting off the hand is applied if the car is stolen from the showroom and if the following conditions are met:

  • In the event that the employer or worker was present during the theft, as their presence implies the fulfillment of the condition of closed custody, and therefore the thief in this case has taken the car from its custody.
  • The theft limit must also be applied if the car showroom is devoid of people and workers, and there is no one in it, and it has been tightly closed, and the car is also closed.
  • Therefore, if the car was taken in other than the previous two cases, the condition of custody under which we apply the limit of theft is not met by cutting, and the penalty of the limit is replaced with the penalty of arrest, especially since the crime of theft is a result of negligence and negligence on the part of the car owner.

Ruling on food theft in Saudi Arabia

It is true that Islamic law forbade theft in its various forms and types, and imposed deterrent and harsh penalties in that, such as the punishment for theft by cutting off the hand, but it was merciful in many other cases of theft, such as food theft. The person who steals food is in dire need, and therefore the regulations in the Kingdom of Saudi Arabia followed the approach of Islamic law, and were merciful to the thief in this context, and did not impose the punishment of the limit stipulated by Islamic law, and placed the punishment in the hands of the discretionary authority of the judge. to pardon him, or suffice with reprimand and threats; So that he does not repeat such acts, and then eventually leads him to go further and be dragged into more sinful acts, and therefore the judge assesses the punishment based on the extent of the thief’s need for food and what he stole from food.

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Penalty for mobile theft in Saudi Arabia

The crime of stealing mobile phones is a common crime in the Kingdom, especially that mobile phones are stolen quickly, and the commission of such a crime may result in many damages to its owner, or if these mobile phones are used for illegal purposes, such as threatening confidential information, or blackmailing people with their photos or using their account to carry out immoral acts punishable by law; Such as promoting terrorist organizations, and the Saudi regime has tightened the burden of punishing the thief in this context, as it has arranged a prison sentence for him from one to five years, in case the crime of theft occurred under duress, or if a large number of mobile phones were stolen.

The crime of theft is considered one of the illegal crimes of taking the money of others unjustly. As for the penalty for theft in Saudi law, it is either to establish the hadd by cutting off the hand if the conditions for the punishment are met, or it is possible to impose the punishment of arrest, or it is possible to leave an estimate order The penalty shall be referred to the subject matter judge looking into the dispute, based on the type of thing stolen and the condition of the thief.

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حظك اليوم برج الحمل الثلاثاء 18-1-2022