Your Right to Object to the Criminal Order Issued Against You is Guaranteed by Law
The legal rights granted to defendants in misdemeanor and violation cases are fundamental in protecting individual rights and enhancing the integrity of the judicial system. One of these rights is the right to object to the criminal order issued against the defendant. In this article, we will review in detail the meaning of the criminal order, the cases in which it can be objected to, how to submit the objection, and the legal effect of this objection.
What is a Criminal Order?
In misdemeanor cases where the legislator has prescribed only a fine as the penalty, the Public Prosecution has the right to issue a criminal order against the accused after presenting the case to the Misdemeanor Court judge, in accordance with Article (247) of the Code of Criminal Procedure. The Chief Prosecutor or Deputy Prosecutor may also issue a criminal order without presenting the case to the Misdemeanor Court judge in cases where the fine does not exceed one thousand riyals or in cases of general violations, as provided by Article (250) of the Code of Criminal Procedure.
Your Right to Object to the Criminal Order Issued Against You
The defendant has the right to object to the criminal order issued by the judge, Chief Prosecutor, or Deputy Prosecutor, depending on the circumstances, in accordance with Article (252) of the Code of Criminal Procedure. This right applies to all rulings issued in misdemeanor and violation cases.
Cases in Which the Defendant Can Object to the Criminal Order Issued Against Them
The defendant can object to the criminal order in the following two cases:
1. First Case: If the criminal order is issued by the Misdemeanor Court judge with a fine exceeding five hundred riyals, including costs.
2. Second Case: If the criminal order is issued by the Public Prosecution with a fine exceeding three hundred riyals, including costs, as per Article (252/2) of the Code of Criminal Procedure.
How to Submit Your Objection to the Criminal Order?
To submit an objection to the criminal order, the following steps must be followed:
1. Submit the Objection Report: The objection report must be submitted to the court registry within three days from the date the criminal order is issued by the Public Prosecution if the objection is made by the Public Prosecution, or from the date the criminal order is notified to the defendant if the objection is made by the defendant or their representative.
2. Set the Date for the Hearing: Upon submitting the objection report, the court clerk must set the date for the hearing and notify the objecting party to attend, either personally or through their representative, who must sign for acknowledgment.
3. Summoning Witnesses: The Public Prosecution is responsible for summoning any witnesses (if available) to attend on the same date set for the hearing of the objection.
Legal Effect of Submitting the Objection to the Criminal Order
The objection has an immediate legal effect: the criminal order is annulled and considered as if it never existed, in accordance with Article (252/4) of the Code of Criminal Procedure. This means that the criminal order loses its legal force and cannot be considered an enforceable ruling once the objection is filed.
Importance of Objecting to the Criminal Order
Objecting to the criminal order is an important safeguard for protecting the defendant’s rights, as it gives them the opportunity to review the decision against them before a higher judicial authority. This right contributes to enhancing transparency and justice in the judicial system, ensuring that every individual receives a fair trial.