5. Prosecutorial considerations
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5. Prosecutorial considerations Start Comparison
5.1 Police procedures

5.1.1 When do the police get involved in domestic disputes or legal actions?

Under the Law of Protection From Abuse, victims can report any complaint related to abuse via hotlines or other established reporting channels. The relevant authorities are then required to take immediate action on these complaints. Depending on the severity of the compliant, the factual circumstances and the judge's discretion, the relevant authorities (i.e., the police) can get involved at any stage of the matter.

5.1.2 What circumstances effect law firm involvement?
N/A
5.2 Standard of proof

5.2.1 Is proof required by any legal means?

Yes. The standard of proof is dependent on the relief that is requested by the victim. For example, if the victim requests compensation from the perpetrator, then the burden of proof is beyond a reasonable doubt. If the victim requests a restraining order, then the burden of proof is beyond a preponderance of the evidence (which is a lower standard).

5.2.2 Are there any requirements regarding evidence and documents?
Yes.
5.2.3 Is proof "beyond a reasonable doubt" required?
Yes, depending on the circumstances — see the response above.
5.2.4 Is the standard of proof different for ex parte orders?
We were unable to confirm this.
5.3 Affirmative defenses

5.3.1 Are affirmative defenses available to the accused?
Yes, such as self-defense.
5.3.2 Is willful intent required?
We were unable to confirm this.
5.3.3 Are false accusations punishable for the victim?
Yes.
5.3.4 How is consent discussed in the law?
Consent is not discussed in the law.
5.3.5 Is self-defense or insanity a defense?
Yes. These defenses can be used as mitigating circumstances, but they are not complete defenses.
5.4 Witness status

5.4.1 What is a witness's duty to testify honestly and completely?

The witness is bound by the law to testify honestly and completely.

5.4.2 Who may abstain from testifying in certain situations?
Under Saudi law, there is no mandatory duty/obligation to testify. Any individual can refuse to testify.
5.4.3 What potential "excuses" can a witness raise to refuse to testify in a domestic violence action?
A witness can refuse to testify by claiming a conflict of interest, memory loss, etc. 
5.4.4 What is the impact of domestic violence on witnesses who are children?
N/A
5.4.5 Can children be called upon to testify?
Yes, children can be asked to testify; however, child testimony holds different weight than an adult's testimony and, in many cases, it may require corroboration.
5.4.6 What is the effect of a child victim on the charges against the offender?
N/A
5.5 Penalties and sentencing; penalty enhancements

5.5.1 What are the penalties and sentencing laws for first-time domestic violence offenses?

Without prejudice to any other more severe penalties as prescribed under Shariah or other law, a person who commits an act that constitutes a crime of abuse as specified in the Law of Protection From Abuse will be subject to imprisonment for not less than one month and not more than one year, and a fine of not less than SAR 5,000 and not more than SAR 50,000, or both.

For perpetrators who have reoffended, the punishment will be doubled and the competent court may issue an alternative punishment.
5.5.2 Are there criminal penalties?
Yes, as set out above, imprisonment for a maximum of one year. Additionally, the victim has the right to request the Shariah equivalent punishment of an "eye for an eye."
5.5.3 What is the result of a violation of an existing order for protection?
The judge would have the discretion to impose a monetary fine and/or imprisonment or any other penalty that the judge sees befitting the crime.
5.5.4 What fines and other penalties are imposed besides incarceration and liberty restriction?

A fine of not less than SAR 5,000 and not more than SAR 50,000, i.e., USD 1,333 to USD 13,333.

5.6 Post-release restrictions

5.6.1 Does the law notify the victim of the offender's release from custody?
We were unable to confirm this.