Arrest and pre-trial detention in the Criminal Law of Saudi Arabia and Poland – an analysis of selected legal solutions

Abstract

The study examines selected issues related to arrest and pre-trial detention in the criminal procedure of the Kingdom of Saudi Arabia, presented against the background of the corresponding Polish regulations. The analysis is based on the Royal Decree No. M/2 of 26 November 2013 and the Polish Code of Criminal Procedure. It discusses the legal grounds for deprivation of liberty, the authorities competent to order detention, its duration, and the available forms of judicial or procedural control. The findings indicate that in Saudi Arabia the prosecutor plays a central role in authorizing and extending detention, while the court’s involvement is limited. In the Polish legal system, judicial oversight and procedural safeguards constitute the core of protection against unlawful deprivation of liberty. The comparison reveals how different legal traditions define the balance between the effectiveness of criminal proceedings and the protection of individual freedom.