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Judicial System

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<strong>Judicial</strong> <strong>System</strong> in Saudi Arabia<br />

variances relating to rulings is a characteristic of any judicial<br />

system in all countries, as the discretionary power of judges<br />

should be retained in order to make judges observe the<br />

objective differences and circumstances surrounding each<br />

facts/ case. Many laws have been enacted providing for<br />

certain sentences/ punishments; these include Combating<br />

Narcotics Law, Anti-Bribery Law and Counterfeiting<br />

Offences Penal Law.<br />

As to codification of laws, it is important to note that this<br />

matter has not yet been resolved in international judicial<br />

systems. With respect to codification of laws in Rome,<br />

the Justinian Code stated that, ‘our law is of two types: a<br />

written and unwritten law as the case with the Greeks’. The<br />

same apply to the common law system as much of the law<br />

is not codified (written) and the judiciary relies on sources<br />

including judicial precedents (case law).<br />

A matter that concerns judicial transparency is the<br />

debate among the legal community in Saudi Arabia about<br />

‘specialized criminal courts’ which is a special criminal<br />

court for suspects of terrorism offences in the Kingdom of<br />

Saudi Arabia. It is not clear what is the exact jurisdiction of<br />

this court. Official announcements state that this court has<br />

jurisdiction over security matters or state’s security – a very<br />

broad and undefined jurisdiction, however considering the<br />

types of the offences usually referred to this court, one may<br />

conclude that this court have jurisdiction to hear and try cases<br />

which the government consider as threat to the state, and<br />

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