SCC 44/5
Type
Case
Court
Saudi Arabia Court of Cassation
Jurisdiction
Saudi Arabia
Taxonomy
Offences against Property
Copyright
LexisNexis
Decision date
1 Mar 1997
Catchwords
Theft – Offences against Property – Breaking and Entry – Sharia Theft Ruling – Reversed Confession – Sentencing
This case involved a man who was accused and admitted to stealing money from a house. The house owner requested a Sharia Theft ruling be applied which meant his hand would be cut off. However, as the man retracted the part of his confession about breaking into the house, although he still admitted carrying out the theft, there was a suspicion which prevented a theft ruling under Sharia law. A different sentence was applied.
Background
The general attorney filed a case at Dammam General Court against a defendant claiming he had stolen 107,500 Riyals from a house in the absence of the house owners. The general attorney stated the defendant had previously lived in a nearby house and had climbed the wall of the property and broken down the doors and the cupboards to get at the stolen money. The general attorney also stated some of the stolen money had been spent.
The defendant confessed during the investigation that he had stolen the money and he had 24000 Riyals when arrested.
The house owner requested the court to issue a theft ruling according to the Sharia Law (cutting off his hand).