The Law Firm of Hazim Al Madani Attorneys and Legal Consultants
By Abdul Haleem Ammar
Recently, the fraud crimes are clearly rising whether among individuals or local /foreign companies.
Fraud crime leads to a change in the social norms of society to turn the society`s slogan into cheating, hypocrisy and deceit which result in many negative effects upon the organizational side such as lack of trust on how to apply the systems on reality, and how effective are they in achieving the great goals that they are made for and how efficient they are in fighting and facing the crimes of swindlers and fraudsters.
The fraud crimes lead to weakening the economic side through decreasing of the national currency value as well as spreading of unemployment, poverty and preventing the foreign investments due to lack of trust in the domestic investments, impeding economic growth, instability of the state`s economic climate, spending large amounts of guarantee costs, increasing insurance amounts, distorting business dealing in economic relations, the decline of business activity, putting complex restrictions on it, even bearing burdens on the honorable (as the case is applied now for the fraud of commercial crimes which are fought by the Ministry of Commerce under the chairmanship of His Excellency Dr. Tawfiq Al Rabiahand are felt by the ordinary citizen). This good model that is felt by the citizen in regard to taking deterrent and strict procedures we need to replicate it in counterfeiting, forgery and fraud crimes and all crimes that the citizen and foreign investor lose confidence in the ability of the security sides to apply the systems on those who violate them.
Therefore, the claim to lay a system to fight the crimes of fraud, similar to bribery, forgery and embezzlement system has become a necessity imposed by reality and the community variables. So, there must be a system for fighting fraud in addition to imposing strict criminal penalties on fraudsters and swindlers, uncovering their tricks and preventing them from practicing any business in the future, naming their names on the newspapers and putting them on the black list ; whereas the absence of a system that help to adjust their regulations and identifying the limits and the standards of deeds in order to make
penalties are sufficient to deter and opening the door wide for who is tempted to do wrong with people`s money and honors and stealing their money in various scams, in the absence of having no serious and firm guarantees to deter this crook and keeping the people money that he seized illegally.
If fraud, forgery and embezzlement, all of them can be fall under the fraud crimes, but it is preferred that there will be a specific legislation for the fraud crimes especially those crimes are based on the offender uses fraudulent means; either sayings, or acts, to make the victim to commit mistake by believing him to deliver his money to the fraudulent. Thus, this crime affects the victim`s safety and his will, and destroys in him good faith in dealings.
In conclusion, from practical reality that we live in our office one of the cases in which a number of institutions are the accused where they made fraud and seized approximately SAR 20,000,000 (Twenty million riyals) from one of the foreign companies that invest in Saudi Arabia where we have to take legal action against those institutions, but unfortunately We faced many difficulties, for example, the case examination is too slow and take the necessary actions, by summoning the accused parties of fraud or issuing an arrest warrant pursuant to the decision of His Highness the Minister of Interior No. (2000), which was published in Umm Al Qura newspaper on 25 JumadaII (1435 AH) specifying (20) crimes as major crimes requiring detention.
Therefore, this huge slowness in taking actions that protect the rights of citizens and the rights of foreign investors and the lack of deterrent penalties against those who commit that crimes would give an impression that the door is open wide for everyone who wants to deceive the people at the lowest tricks, so we must reconsider many of the current lawsuits in which some of the helpless weak ask some of their rights that are seized by persons, companies or institutions by fraud, as no decisions are issued in most of these cases, as they remain useless due to the charged people went bankrupted issued against them or their escape or accounting nor deter !.
This issue has been addressing them through the process of suffering one of the issues which is overseen by our office!