Standing Committee on Legal Assistance Requests Manual
I. Request to Confiscate Assets without Conviction
Article 10
The Standing Committee on Legal Assistance Requests (SCMLAR) outlines the procedures and guidelines for providing legal assistance to other countries in criminal cases.
Key Points:
- If a perpetrator cannot be tried due to death, escape, absence, or inability to identify them, the SCMLAR will refer the request to the Public Prosecution to take measures.
- The request must include a statement of circumstances and grounds for considering the assets connected to a criminal offense.
II. Disposition of Confiscated Assets
Article 12
If a legal assistance request leads to confiscating assets, the SCMLAR may decide to share or return them to the requesting state pursuant to relevant agreements and treaties.
Key Points:
- The rights of bona fide parties must be respected.
- Disposition decisions are made in accordance with international law and national laws.
III. Costs and Expenses
Article 13
The Kingdom will provide legal assistance at no fee or cost and bear reasonable execution costs.
Key Points:
- If exceptional expenses or costs are required, an agreement must be concluded with the requesting state to specify terms and conditions.
- The SCMLAR ensures that costs and expenses are reasonable and in accordance with national laws.
IV. Rejecting or Deferring a Legal Assistance Request
Article 14
The SCMLAR may reject a request in cases where:
Reasons for Rejection:
- The request is not submitted in accordance with provisions of this Manual.
- Execution contradicts Sharia or undermines the Kingdom’s sovereignty, security, public policy, or other state interests.
- Absence of dual criminality (although assistance may be provided for non-coercive measures).
Pre-Rejection Consultation:
- Prior to rejecting or deferring a request, the SCMLAR may consult with the requesting state.
V. Rules for Sending Legal Assistance Requests
Article 15
The SCMLAR may directly accept requests sent in any written form, including facsimile or email.
Key Points:
- A legal assistance request and supporting documents must be in Arabic language, unless a certified translation is provided.
- The requesting state must submit the request through official channels.
VI. Contact Information
The Standing Committee on Legal Assistance Requests can be contacted at:
- General Directorate for Legal Affairs and International Cooperation
- Ministry of Interior
- Riyadh, Kingdom of Saudi Arabia
- Postal Code: 11134
- Telephone: +966115628200
- Fax: +966114542889
- Email: scmla@hq.moi.gov.sa