Homicide & Manslaughter Lawyers in Jeddah

Homicide cases in Jeddah: classification is the whole case

Saudi law has no single offense called "homicide." It recognizes three fundamentally different degrees of liability: intentional killing, quasi-intentional killing, and killing by mistake. Which one applies to the facts decides the entire outcome of the case, and it is the first thing we work through in any homicide file we take in Jeddah, whether acting for the victim's family or defending the accused.

Intentional killing: qisas is the victim's family's private right

Intentional killing requires intent to take life using a means that typically kills, such as a firearm or a bladed weapon. The primary punishment is qisas (retaliation), which is the private right of the victim's next of kin, not the state, meaning its execution depends on their demand for it. If any heir pardons the offender, qisas falls away and the right shifts to diyah (blood money), and notably there is no fixed amount for diyah in intentional killing under the law; it is left to agreement or judicial assessment. A separate public right also remains, carrying an independent discretionary sentence that can run to many years in prison regardless of what happens with qisas.

Quasi-intentional killing: no qisas, but aggravated diyah

This occurs when the offender intended to assault, not to kill, using a means not typically fatal, and death resulted. There is no qisas here because such doubt bars it; the penalty is aggravated diyah equivalent to one hundred camels, currently valued by the courts at SAR 400,000, borne by the offender and his aqilah (paternal relatives). The offender additionally faces a discretionary prison sentence set by the judge under the public right.

Killing by mistake: no intent to harm at all

This covers deaths with no intent to assault at all, such as fatal traffic accidents or unintended injury during lawful activity. Diyah here is lighter than in quasi-intentional killing, typically borne by the offender's aqilah and, in traffic cases, the insurer, with a much lighter discretionary penalty under the public right.

When qisas falls away despite intent

Qisas is extinguished in specific, exhaustive circumstances: pardon by any heir (with special rules where a minor heir is represented by a guardian), the offender's death before execution, the offender not having reached puberty at the time of the act (in which case diyah for mistake applies instead of qisas), or proof of insanity specifically at the moment of the act, not at trial. These circumstances are the central pillars of the defense in qisas cases and require precise medical and legal documentation.

Deaths from traffic accidents: a specific track

Fatal traffic accidents make up the practical majority of killing-by-mistake cases in Jeddah, distinguished by the insurance company's frequent involvement as an actual party paying the diyah, alongside the traffic report's role in fixing the share of fault between parties. Where more than one driver bears a share of the fault, diyah and criminal liability are distributed according to those shares, which is why the traffic report and technical investigation are the first starting point for any defense or claim in this type of case.

Our services in homicide and qisas cases

• Representing victims' families in pursuing qisas or diyah before the Criminal Court in Jeddah
• Defending the accused and building the correct classification strategy (intentional/quasi-intentional/mistake) and available defenses
• Managing pardon and settlement negotiations between families in a way that protects both sides' legal rights
• Calculating and claiming diyah and distributing it among its rightful heirs
• Appeals before the Court of Appeal and the Supreme Court

How we start

1. Contact us on WhatsApp immediately after the incident; the first hours are critical for preserving evidence
2. We review the incident report and forensic medical reports and fix the most likely classification
3. We represent the family or the accused before the Public Prosecution and the Criminal Court through to final judgment

Homicide cases weigh heavily on both families, and the details of each incident can change the classification entirely. For a precise legal assessment of your position in Jeddah, contact us on WhatsApp.

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