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Main Page / Legislations / Law No. 15 of 2011 Combating Trafficking in Human Beings / Chapter Five: Penalties
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Law No. 15 of 2011 Combating Trafficking in Human Beings

Law Summary Record Type: LawNumber: 15Date: 24/10/2011 Corresponding to 27/11/1432 HijriNumber of Articles: 28Status: In force
Official Gazette :Issue: 11Offcial Journal Issue Publication Date: 21/11/2011 Corresponding to 25/12/1432 HijriPage from: 9
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Chapter Five: Penalties

  • 13 Article

     
    Without prejudice to any more severe penalty prescribed in another law, the penalties stipulated in this law shall be applied.

  • 14 Article

     
    Whoever commits human trafficking crimes as set forth in Article 2 of this Law shall be punished by imprisonment for a period not exceeding seven years and a fine not to exceed two-hundred-and-fifty thousand (250,000) Riyals.

  • 15 Article

     
    Whoever commits a human trafficking crime involving any of the following cases shall be punished by imprisonment for a period not to exceed fifteen years (15) and a fine not to exceed three-hundred thousand (300,000) Riyals:
    1. If the victim was a female or a child, or incapacitated or who is otherwise disabled.
    2. If the crime has resulted in the death of the victim or caused the victim a permanent disability or a serious and incurable disease.
    3. If the perpetrator was the spouse, one of the ascendants or descendants, custodian or guardian of the victim; or having some authority thereover.
    4. If the act has been committed by way of threats of death, grave harm, through physical or psychological torture, or by threats with a deadly weapon.
    5. If the perpetrator is a public official or who was assigned to carry out a public service and who committed the crime by exploiting this capacity.
    6. If the crime was committed by an organized criminal group and the person committing this crime was one of its members.
    7. If the crime was of a transnational nature.

  • 16 Article

     
    Whoever uses force, threats, or offers gifts or advantage of any kind or a promise thereof; to induce another person to provide false testimony or information, or conceal a matter during the course of evidence collection, investigation or trial relating to the commission of any of the crimes stipulated in this law; shall be punished by imprisonment for a period not exceeding five years and a fine not exceeding two-hundred-thousand (200,000) Riyals.

  • 17 Article

     
    A person who attempts to commit any HTO set forth in Article 2 of this Law shall be punished by imprisonment for a period not exceeding three years (3) and a fine not exceeding two-hundred-thousand (200,000) Riyals.

  • 18 Article

     
    Whoever conceals a perpetrator, or an object, or funds obtained by any of the crimes stipulated in this Law, or whoever knowingly conceals evidence thereof, shall be punished by imprisonment for a period not exceeding three (3) years and with a fine not exceeding a hundred-and-fifty-thousand (150,000) Riyals.
    The court may exempt from penalty, a person who conceals one of the perpetrators, if the person is related by marriage or by first or second degree familial relations to the perpetrator.

  • 19 Article

     
    Whoever is proved to have had knowledge about the commission or the attempt to commit any of the crimes stipulated in this Law and did not notify the CAs, shall be punished by imprisonment for a period not exceeding three (3) years and a fine not exceeding a hundred-and-fifty thousand (150,000) Riyals. If the perpetrator was a public official or assigned to public service and the crime resulted in the breach of his employment duties, the penalty shall be imprisonment for a period not exceeding five (5) years and a fine not exceeding two hundred thousand (200,000) Riyals.
    The court may exempt from penalty, a person who omits to inform the authorities about these crimes, if the person is related by marriage or by first or second degree familial relations to the perpetrator.

  • 20 Article

     
    Whoever discloses or reveals the identity of a victim or a witness in a way that endangers or causes them harm, facilitated the perpetrator contact therewith; or whoever provides the victim with false information regarding his legal rights, with the intention of causing him further damage or jeopardizing his physical, psychological or mental wellbeing, shall be punished by imprisonment for a period not exceeding two years and a fine not exceeding fifty-thousand (50,000) Riyals.

  • 21 Article

    A person who instigates the commission of any of the offences stipulated in the aforementioned Articles of this Chapter by any means shall, irrespective of whether those intentions were realized, be punished by imprisonment for a period not exceeding seven (7) years and a fine not exceeding fifty-thousand (50,000) Riyals. This shall apply even if the incitement has no effect on the commission of the offence.

  • 22 Article

     
    A person responsible for the actual management of a juristic person shall be punished by imprisonment for a period not exceeding five (5) years and a fine not exceeding two-hundred-thousand (200,000) Riyals, if any of the offences stipulated in this Law have been committed by one of the employees of the juristic person, name or benefit thereof; if it is proven that he had knowledge of such a crime or if the crime has taken place as a result of breach of his employment duties.
    The juristic person shall be jointly liable to pay the adjudged financial penalties if the crime has been committed in the name of its workers, or for their benefit.
    The court may mutatis mutandis suspend the activity of the juristic person for a period not exceeding two (2) years, cancel or withdraw license thereof.

  • 23 Article

     
    Without prejudice to the rights of bona fide third parties, the court shall, in all cases, confiscate funds, possessions, means of transport or items illegally obtained from any of the offences stipulated in this Law or used in the commission thereof.

  • 24 Article

     
    The perpetrator who informs the CAs about an offence and its perpetrators before their knowledge thereof, shall be exempted from the penalties provided for in this Law, provided that such information led to the arrest of other perpetrators, and recovery of the proceeds of their crimes.
    The court may order an exemption from punishment if the information was communicated to the authorities after they had already become aware of the crime, but in circumstances where this information led to the arrest of the rest of the perpetrators and seizure of funds derived therefrom.
    The provisions of this Article shall not apply if the crime resulted in the death of the victim or caused him a permanent disability or an incurable disease.

  • 25 Article

     
    The victim shall be exempted from penalties prescribed according to Law No. 4 of 2009 on Regulation of the Entry, Departure, Residence and Sponsorship of Expatriates.

  • 26 Article

     
    No complaint or application shall be filed by the victim or guardian thereof, to initiate the criminal proceeding on any of the offences provided for in this Law.

  • 27 Article

     
    Any provision which is contrary to the provisions of this Law shall be repealed

  • 28 Article

     
    All CAs, each within its own competence, shall implement the provisions of this law and shall publish it in the Official Gazette.

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