The system of prove in Saudi Arabia is one of four legislative projects announced by Crown Prince Mohammed bin Salman bin Abdulaziz Al Saud in February 2021 and approved by the Council of Ministers in December of the same year.
The evidential system, according to a document issued by the Center for Legal Studies and Research in State-affiliated Saudi Arabia is based on the enabling of prove that the parties in cause can present before the judiciary through the methods and procedures provided by the system on the existence or validity of the prove. A disputed legal fact that serves as the basis for a claimed right.
The most important objective of the evidential system is: to determine evidential procedures and their consequences before courts and judicial authorities, compatibility with best practices, international experience and comparative law, to keep abreast of developments and practical developments in prove, accelerate litigation procedures by limiting the presentation of prove within precise deadlines and clarity and accuracy in evidential procedures. Strengthen trust and transparency to encourage foreign investment.
Among the most important provisions of the System of Evidence: the discipline of the rules of proof in the systems of the Kingdom, and its provisions apply to civil and commercial transactions, and to the criminal and administrative provisions of prove; Even if there is no special text.
The system was built on a series of jurisprudential rules, including: “The proof is for the affirming, the oath is for the denial” and “The proof is for proving the difference in appearance, and the oath is for keeping the original”.
The contenders will have to agree in writing specific test rules; Unless it violates public order, and the court takes this agreement into account, and the court can undertake the probative procedures that took place outside the Kingdom; Unless it violates public order, subject to the Kingdom’s obligations in international agreements to which it is a party.
The system distinguished between judicial recognition if the defendant admitted an alleged fact before the court and out-of-court recognition if it did not take place before the court or was in the course of another case.
Digital evidence is derived from any data generated, issued, received, stored or communicated on a digital medium and is recoverable or obtainable in understandable way; The prove with prove digital must have the provisions of prove written contained in the system.
In the system of prove, the contender in the cause commercial has the right to ask his opponent to present a document relating to the case or to examine it, and the court orders it, under the conditions established by the system. other proof for proof, in cases in whose proof can be proved by testimony. Provided that it shows the face of its meaning and has the use of scientific means to obtain clues.
The test can be done by custom, or custom between parties in cause, in what is not mentioned in a specific text or agreement between the parties o in what is not in contradiction with public order.It is also allowed to take an oath in property rights, and it is not allowed to take an oath in an incident that violates public order, or if it is unrelated to the case, unproductive or unacceptable, or if the litigant has been abusive in this.
The system allows the court, alone or at the request of any of the litigants, to question litigants who are present, and any litigant can directly question his opponent and the litigant can ask questions of the witness, and if he ends up questioning the witness, may not ask new questions Except with the permission of the court, the party in cause cannot interrupt the witness’s speech during the testimony or response, and the court has the right to enter in others to compel him to present a document under his hand, or a request issued by a public authority, or a certified copy thereof, indicating that it conforms to his original.
It is permissible to prove by the testimony of witnesses what should have been proved in writing, if the principle of the proof is found in writing, or if there is a material or moral impediment that prevents it from being obtained. prove written, verbal, and report it to the Public Prosecutor to take the necessary measures.
For the protection of witnesses it is not lawful to harm the witness and the judge must prevent any attempt to intimidate or influence the witness in testifying, and with the aim of reducing the extension of the dispute, sanctioning the person who denies the deed with the fine not exceeding (ten thousand riyals) in case of denial of the deed or Denunciation of forgery, if the entire deed is judged valid, or if the accusation of forgery is rejected, or the right of the plaintiff to falsify the forfeiture.
An entire chapter was devoted to prove with prove digital, which are: the record digital, digital editor, digital signature and digital correspondence, including digital mail, media, i media digital and any other digital proof; This is a quantum leap in the Saudi judicial system, e in this sense has surpassed many laws of comparative countries.
The system provided for the specification of assignments whose value exceeds (one hundred thousand riyals or its equivalent) or was of indeterminate value, and must be proven in writing, and the testimony of witnesses is not accepted; Except as required by the system for its validity or proof that it is in writing, or if what is required is the remainder or part of a right which cannot be established other than in writing, or in what contradicts or exceeds what is contained in the written test.
AND in compensation of what the witness can bear for his transfer to testify, the court can estimate – at the request of the witness – the costs of his transfer and the consideration for his interruption, which are borne by the causer who lost the case, unless the loss is relative, and each of the contenders will have to bear the extent of his loss.
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