Many criminal cases involve two rights: the public right, represented by the Public Prosecution on behalf of society, and the private right of the victim or their heirs. Waiving the private right ends the victim's claim, but it does not always end the case. Here is what a waiver does, its conditions, how it is documented, and the mistakes both sides make.
Reviewed by: Ghada Nasser Al-HarbiAttorney at USUS Law FirmLast updated:
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What does a waiver do to the case?
| Private right | Public right | |
|---|---|---|
| Holder | The victim or their heirs | Society, represented by the Public Prosecution |
| Effect of a waiver | Ends with a valid waiver | Usually remains, and the court weighs the penalty |
| In practice | The claim to retribution, blood money or compensation falls, within the waiver's scope | The penalty may be reduced in view of the waiver, and in some offences that depend on a complaint the case may be closed |
How is a waiver made properly?
- Define its scope clearly: retribution? blood money? compensation? or all of them?
- It must come from the right-holder, who is legally capable of waiving, or from all the heirs if the right is theirs.
- Document it officially before the court or competent authority, not just on a private paper.
- Set any consideration, such as a settlement sum, and how it is paid, before or at documentation.
- File the documented waiver in the case.
Common mistakes
- Waiving before receiving the agreed settlement sum.
- Some heirs waiving without the others, or a guardian waiving a minor's right without permission.
- General wording that does not say whether compensation is included.
- Assuming a waiver always means immediate release.
For killing and injury, read blood money in Saudi Arabia; for the stages of a case, read the Criminal Court.
Frequently asked questions
Can a waiver be withdrawn?
As a rule a valid, documented waiver cannot be withdrawn, so check its scope and terms before signing.
Does a waiver get the accused out of prison?
Not always; the public right remains in many offences, though a waiver affects the penalty.
Can a waiver be made in return for money?
Yes, a settlement for money is allowed and is documented with the waiver.
The rules on waiver differ by type of offence; check the current official text and consult a lawyer on your facts.
Negotiating a waiver or settlement?
The Usus Law Firm team handles criminal cases: negotiating settlements and drafting and documenting waivers, in Riyadh and Tabuk.
Legal review: the Usus Law Firm team
A select team of lawyers and legal advisers licensed by the Saudi Ministry of Justice, working from Riyadh and Tabuk, with experience before the general, commercial, labor, criminal, personal status and administrative courts. Every article is reviewed before publication and updated when laws or regulations change.
Last reviewed: 12 October 2026
This article is general legal information and is not a substitute for advice on your specific case. Court proceedings in Saudi Arabia are in Arabic; the official Arabic text of each law prevails.
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