Lecture_4

Law of Criminal Procedures

4. Investigation Procedures by Preliminary Criminal Investigation Officers Based on Delegation

4.1 Delegation Overview

• Definition: Delegation is the authorization by a written assignment issued by a public prosecution investigator to preliminary criminal investigation officers to conduct specific investigative procedures, except for interrogating the accused (Article 66, Saudi Criminal Procedures Law).

4.2 Reasons for Delegating Tasks

• Limited Time for Investigators: High workload leads to necessary delegation of tasks.

• Necessity for Speed: Urgent tasks may require local officers to handle situations swiftly, especially if investigators are geographically limited.

• Utilization of Capabilities: Preliminary officers have the physical strength, skills, and technical resources essential for certain tasks like arrests and searches.

4.3 Investigation Tasks Assigned to Officers

• Tasks may include:

  • Arresting the accused.

  • Conducting searches of the accused or their properties.

  • Additional related investigative tasks.

• Note: Certain tasks are still prohibited.

4.4 Prohibited Tasks for Preliminary Criminal Investigation Officers

1. Interrogating the Accused: Officers cannot interrogate unless in exceptional circumstances (e.g., immediate danger to life).

   • Exception: If an investigation task leads to critical information, interrogation is allowed to prevent loss of evidence.

2. Pretrial Detention: Cannot order pretrial detention as it requires prior interrogation.

3. Investigating an Entire Case: Delegation is for urgent situations, not comprehensive investigations.

4.5 Conditions for a Legitimate Assignment Order (Delegation)

1. Written Order: Must be documented, signed, and clearly outline tasks; verbal communication is insufficient.

2. Explicit and Specific Assignment: Must detail subjects, properties, and procedures involved to prevent misuse of power.

3. Authority: Order must originate from an authorized public investigator.

4. Qualified Officer: Assignments should be given to officers with local and task-specific expertise, not subordinates.

5. Crime Occurrence: Tasks must relate to crimes that have already occurred.

6. Multiple Officers: If more than one officer is assigned, any can act unless specified otherwise.

7. Validity Period: Must be dated, and any required extensions must be requested.

8. Key Details Required: The order should include information about the public investigator, type of action, and names of persons involved.

4.6 Closing

• The structured approach to delegation ensures efficient and accountable investigative procedures while safeguarding the rights of the accused. Any questions on these points?