المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

Cassation principles Criminal Procedure

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 1,804 available principles

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  1. د- استجواب المتهم (الإقرار والاعتراف)

    Principle 520The judgment’s reliance on a confession for conviction without the court discussing it. Does not vitiate it. Criterion thereof.Criminal Procedure · Source page ٢٣٤
  2. Principle 522Confession in criminal matters is an element of inference. Its assessment. A factual matter. - 234 - Criminal Procedures and Trials - Reliance on the wording and apparent meaning of the accused’s confession. The court isCriminal Procedure · Source page ٢٣٤
  3. Principle 523Invalidity of the arrest and search. Does not prevent the trial court from relying on all other independent evidentiary elements leading to the result yielded by the search, including a subsequent confession. - AssessmenCriminal Procedure · Source page ٢٣٥
  4. Principle 524A confession in criminal matters is an element of inference. Assessment of its validity and evidentiary value is within the trial court's authority. - The court's confidence in the confession made before the Prosecution.Criminal Procedure · Source page ٢٣٥
  5. Principle 525An accused's confession upon arrest implicating another person, who was not at the scene of the incident, as the source of the narcotic. The officer's pursuit, arrest, and search of the latter. Valid.Criminal Procedure · Source page ٢٣٥
  6. Principle 526Conducting the investigation in the manner the investigator sees fit. Purpose thereof. Prolonged interrogation is not considered tantamount to coercion invalidating a confession unless evidence establishes otherwise. - VCriminal Procedure · Source page ٢٣٥
  7. Principle 527Mere fear of police officers. Does not constitute coercion invalidating a confession, either in substance or in law. The condition thereof. - 235 - Criminal Procedure and TrialsCriminal Procedure · Source page ٢٣٥
  8. Principle 528A defence devoid of supporting evidence. The court may disregard it. Example concerning invalidity of a confession.Criminal Procedure · Source page ٢٣٦
  9. Principle 529The confession relied upon. Must be voluntary. - A plea that the confession is void because it was made following coercion. The court must discuss and respond to it, whether raised by the person who made the confession oCriminal Procedure · Source page ٢٣٦
  10. Principle 530The nullity of a search does not preclude reliance on other elements of proof, including a subsequent confession made by the accused. - A confession disconnected from the void arrest and search. The judgment may rely upoCriminal Procedure · Source page ٢٣٦
  11. Principle 531A confession relied upon. Its condition. That it be voluntary. Its being made under coercion or threat. It is not considered such. - The court’s reliance on evidence derived from a confession. Its condition. Examining thCriminal Procedure · Source page ٢٣٦
  12. Principle 532- Assessing and dividing the statements of accused persons. Within the authority of the trial court, so long as it is rationally possible for the accused to be truthful in part of his statements and untruthful in anotherCriminal Procedure · Source page ٢٣٦
  13. Principle 533The confession concerning which the court must hear the accused's statements and question him. Is that made by him before it when confronted with the charge attributed to him.Criminal Procedure · Source page ٢٣٧
  14. Principle 534The officer's presentation of the accused to the investigator three days after his arrest. A valid procedure. Reason therefor. - The court's disregard of the accused's claim that his confession resulted from inducement oCriminal Procedure · Source page ٢٣٧
  15. Principle 535The confession’s covering the incident in all its details. Unnecessary. It is sufficient that it covers facts from which the court infers the perpetrator’s commission of the crime.Criminal Procedure · Source page ٢٣٧
  16. Principle 536The judgment's recitation of the appellant's admission that the image captured by the cameras of the bank's automated teller machine is his image, which has its basis in the case papers. The ground of challenge that the Criminal Procedure · Source page ٢٣٧
  17. Principle 537Confession in criminal matters. One of the elements of inference. The court of merits has complete freedom to assess their validity and evidential value and to rely on it at any stage of the investigation, even if subseqCriminal Procedure · Source page ٢٣٧
  18. Principle 538The confession relied upon. Must be voluntary. It is not considered so if made under the pressure of coercion or threats, whatever their degree, even if truthful. - 237 - Criminal Procedures and Trials - The court’s reliCriminal Procedure · Source page ٢٣٧
  19. Principle 539The judgment's reliance on the appellant's confession before the Court of Appeal that he possessed two narcotic substances for personal use. Its conclusion that this offense was indivisibly connected with the offense of Criminal Procedure · Source page ٢٣٨
  20. Principle 541Receiving reports of all crimes, examining them, gathering information relating to them, and recording it in an inquiry report. Among the duties imposed on police officers. While drawing up the inquiry report, they may rCriminal Procedure · Source page ٢٣٨
  21. Principle 542The judgment's rejection of the plea of invalidity of the confession on the ground that it was an unsupported assertion and that the case papers contained nothing indicating that the appellant had been subjected to pressCriminal Procedure · Source page ٢٣٨
  22. Principle 543The accused's confession before the investigation and trial authorities that he possessed the narcotic substances. Its consideration as independent evidence wholly disconnected from the arrest and search. Its effect: theCriminal Procedure · Source page ٢٣٩
  23. Principle 544The accused's confession to possessing the narcotic substance seized in his car. His raising the nullity of the car search. Of no benefit.Criminal Procedure · Source page ٢٣٩
  24. Principle 545The accused’s persistence in denial. Does not avert his liability in the face of the inculpatory evidence upon which the court relied.Criminal Procedure · Source page ٢٣٩
  25. Principle 547The court may divide the statements of the officer concerned with the incident and his inquiries, accepting what it trusts and discarding the remainder. It may accept the accused's confession at any stage of the proceediCriminal Procedure · Source page ٢٣٩
  26. Principle 548The appellant's failure to specify the aspect of invalidity affecting his confession. The challenge in this regard. Inadmissible.Criminal Procedure · Source page ٢٣٩
  27. Principle 549The court’s right to dispense with all or some investigative procedures and decide the case based on the confession alone without need for other evidence. Articles 156 and 157/1 of the Criminal Procedures and Trials Law.Criminal Procedure · Source page ٢٣٩
  28. Principle 550The officer's recording that the accused admitted to him committing the incident and reenacted it before him. Merely a statement by the officer subject to the court's assessment, and not a confession by the accused.Criminal Procedure · Source page ٢٤٠
  29. Principle 551The appellant's failure to maintain before the court of merits at its two levels that his confession in the Public Prosecution's investigations resulted from coercion inflicted upon him by the investigating police officeCriminal Procedure · Source page ٢٤٠
  30. Principle 552The judgment's non-reliance, in convicting the female appellant, on the confessions attributed to her and the other female accused, and its omission to respond to the plea of their nullity. The challenge in this regard. Criminal Procedure · Source page ٢٤٠
  31. Principle 553Confession in criminal matters. One of the elements of inference whose validity and probative value the trial court is free to assess. It may rely upon it. Provided it bases this on reasonable grounds, is satisfied of itCriminal Procedure · Source page ٢٤٠
  32. Principle 554Assessment of the value of a confession and examination of its connection to the arrest and search. A factual matter. The court’s confidence in the appellant’s confession before both levels of adjudication suffices to suCriminal Procedure · Source page ٢٤٠
  33. Principle 555The accused's retraction of a confession is a matter for him. It does not depend on the court's conduct toward it. - Proof that the appellant's urine contained hashish metabolites. The challenge alleging a contradiction Criminal Procedure · Source page ٢٤٠
  34. Principle 556A confession relied upon must be voluntary. It is not so, even if truthful, if it results from coercion, whatever its degree. - A plea that a confession is invalid because it was made under the influence of coercion. SubCriminal Procedure · Source page ٢٤٠
  35. Principle 557Giving weight to and relying upon a confession. Legally valid only if it is valid and given freely and voluntarily. It is not considered such, even if true, if it results from procedures that are not valid or lawful. TheCriminal Procedure · Source page ٢٤١
  36. Principle 559The first-instance and challenged judgments’ recitation of the appellant’s confession to committing the incident with the other accused, having a sound basis in the record. The challenge to it in this regard. Incorrect.Criminal Procedure · Source page ٢٤١
  37. Principle 560Receiving reports and conducting the necessary inquiries. Among the duties legally imposed on police officers. They may obtain information leading to the establishment or negation of the facts reported to them or which tCriminal Procedure · Source page ٢٤١
  38. Principle 562The confession relied upon. Must be voluntary. Its being made as a result of torture, coercion or threats of either. Effect thereof. It is not considered so. - The court’s reliance on evidence derived from a confession. Criminal Procedure · Source page ٢٤٢
  39. Principle 563The accused’s confession to committing the crime. The investigator must record this in the investigation record and question him in detail without inviting his lawyer.Criminal Procedure · Source page ٢٤٢
  40. Principle 565Assessing the validity of the accused’s assertion that his confession in the Public Prosecution’s investigations resulted from the arrest and search procedures alleged to be invalid. A matter of fact. Its condition. ExamCriminal Procedure · Source page ٢٤٢
  41. Principle 566A challenge alleging the invalidity of the confession because it resulted from an invalid search, where the search is found valid. Has no basis.Criminal Procedure · Source page ٢٤٣
  42. Principle 567The officer's statement that the accused confessed to him to trafficking in narcotic substances. Constitutes testimony by the officer, not a confession. The judgment's reliance upon it and the remaining evidence. PermissCriminal Procedure · Source page ٢٤٣
  43. Principle 568The absence from the police report of a statement of the time and place of the incident. Does not vitiate it. The limit thereof. - The absence of questioning of the accused from the investigation does not entail the nullCriminal Procedure · Source page ٢٤٣
  44. Principle 569A confession must be voluntary. It is not considered so, even if truthful, if made under the influence of coercion or the threat thereof, whatever its degree. - Examining the connection between the confession and the allCriminal Procedure · Source page ٢٤٣
  45. Principle 570The court of merits' reliance on the accused's statements against himself and against other accused persons at any stage of the proceedings, even if subsequently retracted. Permissible. The condition for this: its confidCriminal Procedure · Source page ٢٤٣
  46. Principle 571The accused’s confession on which the court relies alone without need for other evidence. Its nature: an express and unequivocal confession that he is guilty and committed the offence attributed to him. Its effect is conCriminal Procedure · Source page ٢٤٤
  47. Principle 572Confession in criminal matters. Assessment of its validity and evidentiary value. Within the authority of the trial court. It may rely on the accused’s confession against himself or against other accused persons at any sCriminal Procedure · Source page ٢٤٤
  48. Principle 573The accused's insistence that his statements in the Public Prosecution's investigations do not constitute a judicial confession because they were not made before a court. The court's not relying on them as such or treatiCriminal Procedure · Source page
  49. Principle 574The court’s obligation to question the accused about his confession. Its condition: that the confession was made before it. Article 156 of the Criminal Procedures Law. - 244 - Criminal Procedures and TrialsCriminal Procedure · Source page
  50. Principle 575It being established that the judgment did not rely on a confession by the appellant. The phrases quoted by the judgment from the investigation officer do not in themselves constitute a confession in its legal meaning, aCriminal Procedure · Source page
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