The Effect Of Blocking Pretexts On The Regular Control Of The Saudi Criminal Procedure Process

Abstract

This study examines the importance of regulatory oversight in criminal investigations and its relationship to the legal principle of blocking pretexts. In particular, it explores the Saudi legal framework, which has established detailed legislative measures to regulate investigations and ensure their integrity and effectiveness. The study highlights the key objectives of these regulations, including standardizing investigative procedures, preventing arbitrariness, and eliminating randomness that could undermine justice. By applying the principle of blocking pretexts, the Saudi legal regulation aims to preempt potential abuses and protect the investigative process. This principle, rooted in Islamic jurisprudence, seeks to prevent actions that, while seemingly permissible, could lead to prohibited outcomes. The study examines key provisions in Saudi legal regulations that embody this principle, strengthening the investigative authority of the public prosecution to maintain procedural consistency and prevent unauthorized investigations. Furthermore, it addresses the delicate balance between private rights and the public interest in criminal cases, ensuring that external pressures do not obstruct justice. Some of these provisions reinforce the principle of impartiality by excluding investigators from cases where personal conflicts of interest may arise. The findings emphasize the need for a structured legal framework to govern criminal investigations, demonstrating how legal safeguards contribute to transparency, fairness, and judicial efficiency. Through a careful review of legal texts and jurisprudential principles, this study confirms the effectiveness of systematic oversight in preventing potential misappropriations of justice. Ultimately, the study highlights the broader implications of these regulations for promoting a fair legal regulation that upholds the rule of law and protects individual rights.