Blocking the Pretexts for Investigation Confidentiality in the Saudi Criminal Procedure Code

Abstract

The confidentiality of investigations is a fundamental principle of criminal procedure, distinct from the public nature of trials. While public trials promote transparency and fairness, public investigations can hinder the proper collection and evaluation of evidence. This study explores the role of confidentiality in investigations within the legal principle of blocking pretexts, emphasizing that confidentiality prevents the loss of innocence and justice, as well as the potential tampering with evidence. The Saudi legal system maintains the confidentiality of investigations to protect defendants from defamation, prevent obstruction of justice, and ensure the integrity of proceedings.

By analyzing key provisions of the Saudi Criminal Procedure Code, this study highlights how legislative safeguards mitigate risks such as tampering with evidence, witness intimidation, and undue influence on investigators. Ultimately, the study asserts that maintaining the confidentiality of investigations is essential to achieving justice and preserving the integrity of the legal process. The study adopts a descriptive approach, including an introduction and definitions of investigation confidentiality. It then turns to the main section, which addresses the blocking pretexts for investigation confidentiality within the Saudi Code of Criminal Procedure. The study concludes with a conclusion containing findings and recommendations.