Advantages of Issuing the Saudi Penal Code Draft: Descriptive Analytical Study

Abstract

The draft new penal law in the Kingdom of Saudi Arabia is one of the laws that resonated widely on social media platforms and various media channels. The new penal law includes a refutation of crimes and penalties committed by violators in Saudi Arabia. The new penal law in the Kingdom of Saudi Arabia is a law that includes more than 400 statutory articles through which the duties and obligations of individuals, entities and employees working in Saudi Arabia can be known, in a way that guarantees their rights, and this law is scheduled to be issued soon and it is expected that this law will be a quantum leap and development In the judicial and justice law in Saudi Arabia, as this new law aims to support social justice, activate alternative penalties, and enhance the sense of safety and justice that guarantee the security and safety of society. This study aims to address the positive aspects of issuing the draft Saudi Penal Code, as the study will provide an overview of the law in Saudi Arabia, and then it will deal with the development of the penal law, as well as the new penal law and its details, and then the focus will be on the advantages of passing the new penal law. The results showed several advantages of the new law i.e., it defines the foundations through which the Penal Code is applied, where the provisions of Islamic Sharia law are applied in all crimes and it stipulates that "there is no crime or disciplinary punishment except based on a legal text."  Additionally, the results showed that the new law is better for the accused if it makes the behaviour unpunishable, narrows the scope of criminalization, decides for him an alternative or lighter penalty than the penalty prescribed in the previous provision, or restricts the scope of execution of the penalty. In conclusion, it can be said that the new Penal Code, and the rest of the new legislation that the Kingdom is working on, will move the new Saudi Arabia to another level in all indicators related to human rights and quality of life. This is the well-established policy adopted by Riyadh at present. For future studies, it is recommended to further investigate the new Penal Code after the enactment of its provisions.