Arab Press

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Sunday, Mar 26, 2023

Non-Saudi imprisoned for less than 3 months can seek exemption from deportation

Non-Saudi imprisoned for less than 3 months can seek exemption from deportation

There are two occasions under which an expatriate can get an exemption from deportation even if a Saudi court issued a verdict for his deportation, according to a legal expert.
An expatriate, who was sentenced to less than three months in prison and deportation, can approach a higher court seeking exemption from deportation, said Abdulaziz Al-Qahtani, a legal consultant.

Speaking to Okaz/Saudi Gazette, Al-Qahtani said that the non-Saudi son of a Saudi woman or foreign husband of a Saudi woman can also seek an exemption from deportation.

He pointed out that deportation is a punishment that is imposed, in accordance with international laws prevailing in various countries. Deportation from the Kingdom means deporting a non-Saudi person from its territories.

“There are two types of deportation punishment, the first is judicial deportation issued by a judicial court, and an expatriate has the right to appeal the ruling through approaching the Court of Appeal.

The second one is administrative deportation in terms of implementing an earlier ministerial decision, which is the deportation of an expatriate when he is punished for major crimes, according to Article 112 of the Criminal Procedures Law and that involves three or more months in prison,” he said.

Al-Qahtani stated that there will be an exemption for carrying out the penalty of deportation in two cases. The first case is related to the son of a Saudi woman or the husband of a Saudi woman.

“If the deportee is the son of a Saudi woman or the husband of a Saudi woman, he can be exempted from deportation after taking a pledge from him provided that his conviction is not based on Article 112 of the Criminal Procedures Law that requires jail term for more than three months.

“However, the expatriate shall be deported if he repeats the crime for the second time.”

Al-Qahtani said that an expatriate can be exempted from deportation if he is sentenced to less than three months of jail term and does not have any criminal records. A pledge shall be taken from him and in the event of repetition of the crime, he shall be deported.

In both cases, the expatriate can appeal the deportation verdict in accordance with the rules of the law or submit a request for exemption from deportation according to the regular procedures.

The expert also noted that the law grants the Minister of Interior the right to postpone the implementation of the sentence of deportation of non-Saudis from the country in cases of drug use and possession of drugs with intent to use.

Similar is the case with those who were sentenced to six months in prison or less than six months in money laundering cases, he pointed out.

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