Introduction

Understanding the difference between public rights and private rights is one of the fundamental pillars of legal awareness in the Kingdom of Saudi Arabia. This distinction determines the nature of the case, the competent authority, the course of the lawsuit, the type of penalty, and the extent to which a waiver affects the legal procedures. In this article, we explain comprehensively and reliably the key differences between the two types of rights, based on principles applied within Saudi legal systems.

First: What Are Public Rights?

Public rights refer to the rights of society and the state to protect public order and security. They are considered collective rights that do not concern an individual alone but the general welfare.

Cases that typically fall under public rights include:

  • Criminal offenses

  • Cybercrimes

  • Assault on public employees

  • Forgery crimes

A key feature of public rights is that they do not lapse even if the victim withdraws their complaint, because the harm in such cases affects society as a whole, not just one individual.

Second: What Are Private Rights?

Private rights relate to a specific individual or entity that suffered direct harm from an unlawful act. Their purpose is to provide compensation, restore rights, and remedy the damage suffered.

Examples include:

  • Financial claims

  • Material and moral compensation

  • Commercial disputes

  • Family cases, such as divorce and alimony

The holder of a private right may reconcile or waive the claim according to legal regulations, and such waiver may result in the dismissal of the private claim.

Third: When Public and Private Rights Overlap in the Same Case

Some cases involve both types of rights simultaneously when the act violates public order and causes direct harm to a specific person.

Examples include:

  • Defamation

  • Physical assault

  • Certain cybercrime cases

In such situations, the court considers each right separately. The private right may be waived through settlement, while the public right remains in effect under the discretion of the relevant authorities.

Conclusion

Knowing the difference between public and private rights is essential for anyone who may be involved in a case or wishes to file a lawsuit. Understanding the nature of the right helps determine the correct legal course, the competent judicial authority, and the impact of settlement or waiver on the case proceedings.

Awareness of these distinctions helps protect rights and supports a legal environment grounded in knowledge, order, and justice.