This study tries to analyze the issue of intention required to constitute a criminal offense in the Saudi Capital Market from the Legislative stand of point and from the way the court, which is a committee for resolution on securities disputes, construes the law. Capital Market crimes are a type of economic crime, which have distinct features than ordinary crimes in the way they are conducted, tools used, residues it keeps after the crime ending by the court procedure. The study tried to define the intention element, which might be referred to as Men’s Rea, in economic crimes from scientific studies in the topic and what has been stated in the law and by court decisions. The study showed that the Fraud crime in the capital market is a crime that needs to have a bad intention as an element without requiring a physical harm to the market or investors as result of the action, and hence referred as an intention crime. However, insider trading and unlicensed broking are considered, as crimes that assume mistake, which implies bad intention existence and the burden is upon the defendant to proof otherwise. The study analyzed all court decisions in criminal offenses in the Capital Market and inferred the way the law is construed and defined in regards those three crimes. The conclusion had results and recommendations for more in depth understanding of these kinds of crimes.
Alshebl, Dr. Ramy Abdulaziz Saleh
"The Issue of intent In the Saudi Capital financial Market Law,"
مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL: Vol. 91:
91, Article 8.
Available at: https://digitalcommons.aaru.edu.jo/sharia_and_law/vol91/iss91/8