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 576The prosecutor's recording at the beginning of the investigations that, upon orally confronting the accused with what was attributed to him, he confessed. Does not constitute a confession. The reason for this. The prosecCriminal Procedure · Source page ٢٤٥
  2. Principle 577The court's confidence in the soundness of the evidence derived from the confession. Its import. - Coercion invalidating a confession. Its nature: that which extends harm—physical or moral—to the confessing person, affecCriminal Procedure · Source page ٢٤٥
  3. Principle 578The challenged judgment's attribution to the appellant of his confession as recorded in the hearing minutes. No basis for the challenge.Criminal Procedure · Source page ٢٤٥
  4. Principle 579The conformity of the appellant’s confession in the investigations with the truth and its consistency with the remaining evidence in the case. Its sufficiency to answer his defense alleging invalidity of the confession.Criminal Procedure · Source page ٢٤٥
  5. Principle 580The judgment's not relying on evidence derived from the appellant's confession or his interrogation before the police, and not basing the conviction on either. The appellant's challenge in this respect. Unavailing.Criminal Procedure · Source page ٢٤٥
  6. Principle 581The accused's admission to the officer concerned with the incident that he used drugs with the appellant. Does not establish a state of outward manifestations of an accusation of a felony or the existence of any state ofCriminal Procedure · Source page ٢٤٥
  7. Principle 582The court may rely on the accused’s confession against himself even if he was not apprehended in flagrante delicto. Reason: confession is among the strongest forms of evidence. Example.Criminal Procedure · Source page ٢٤٦
  8. Principle 583The crime of forgery of bank documents. Its realization through the perpetrator’s deliberate alteration of the truth therein by fraud using the means stipulated by law, with the intention of using them for the purpose foCriminal Procedure · Source page ٢٤٦
  9. Principle 584Whether or not to interrogate the accused. Within the court's unrestricted discretion. The basis for this. Article 162, Criminal Procedures. The appellant's plea in this respect is incorrect.Criminal Procedure · Source page ٢٤٦
  10. Principle 585A confession in criminal matters is an element of inference. Its assessment belongs to the trial court. It may accept the accused's confession at any stage of the investigation even if he retracts it, and may examine theCriminal Procedure · Source page ٢٤٦
  11. Principle 586Alleging defects in the procedures preceding the trial cannot validly constitute a ground for challenging the judgment. - Failure to question the accused during the investigation does not entail invalidity of the proceduCriminal Procedure · Source page ٢٤٧
  12. Principle 587Evidence admissible to prove the offense stipulated in Article 194 of the Penal Code: apprehending the perpetrator in flagrante delicto committing the offense of sexual intercourse with a woman who has reached twenty-oneCriminal Procedure · Source page ٢٤٧

  13. ز- سماع الشهود

    Principle 590The court may sever a witness's statements. - The challenged judgment's confidence in the victim's statements regarding the crime of forcible indecent assault of which the accused was convicted, and its rejection of themCriminal Procedure · Source page ٢٤٨
  14. Principle 592A witness’s contradiction or inconsistency in his statements. Does not render the judgment defective, provided that it has deduced the truth from them without contradiction.Criminal Procedure · Source page ٢٤٨
  15. Principle 593Challenging the appellate court for declining to hear witnesses. Inadmissible, so long as this falls within its discretionary authority and the appellant did not request that they be heard at first instance. - 248 - CrimCriminal Procedure · Source page ٢٤٨
  16. Principle 594The court's disregard of the defence witnesses' account. No defect. So long as it was not satisfied as to its truthfulness.Criminal Procedure · Source page ٢٤٩
  17. Principle 595Weighing and assessing witnesses' statements. Factual. The court may rely on a witness's statements made for purposes of inference. Its condition.Criminal Procedure · Source page ٢٤٩
  18. Principle 597The trial court’s right to sever witnesses’ statements, taking from them what it finds convincing against one accused and discarding what it does not find convincing against another accused. Reason therefor.Criminal Procedure · Source page ٢٤٩
  19. Principle 598Assessment of whether the witness lacked or possessed awareness at the time of giving testimony. A matter of fact. The court's reliance on the witness's testimony. Its implication: its conviction that he possessed awarenCriminal Procedure · Source page ٢٤٩
  20. Principle 599Correspondence between witnesses' statements and the substance of technical evidence. Not necessary. It is sufficient that the oral evidence as a whole does not contradict the technical evidence in a manner that defies aCriminal Procedure · Source page ٢٥٠
  21. Principle 600Deducing the correct account of the facts of the case. A matter of fact. So long as it is sound. - The court may rely on the testimony of prosecution witnesses and disregard the testimony of defence witnesses. The reasonCriminal Procedure · Source page ٢٥٠
  22. Principle 601The trial court may form its conviction from the evidence and elements of the case in which it has confidence. The delay of the female victim and her husband in reporting the incident does not prevent the court from relyCriminal Procedure · Source page ٢٥٠
  23. Principle 602Contradictions in the statements of witnesses relied upon by the court in determining the date of the indecent assault incident. Do not vitiate the judgment so long as the appellant did not claim that the criminal proceeCriminal Procedure · Source page ٢٥١
  24. Principle 603Everyone other than the accused against whom the action is brought, whose information relates to the incident attributed to that accused, whether proving or disproving it. Is deemed a witness. - The judgment's reliance, Criminal Procedure · Source page ٢٥١
  25. Principle 604Assessment of the evidence in respect of each accused. For the trial court. It may form its conviction. According to its assessment of that evidence and its confidence therein regarding one accused but not another. It maCriminal Procedure · Source page ٢٥١
  26. Principle 605Assessment of the facts of the case, weighing the evidence, ascertaining and understanding witnesses’ statements and extracting their intended meaning. A factual matter. Its adherence to the express statements and their Criminal Procedure · Source page ٢٥١
  27. Principle 606The court's inability to hear the witnesses because they could not be located. Its deciding the case without hearing them. No defect. The challenged judgment's reliance on this view. No invalidity or infringement of the Criminal Procedure · Source page ٢٥١
  28. Principle 607The trial court may rely on a witness's statements at any stage of the investigation or trial, even if they contradict another statement he made at another stage, without stating reasons. Reason for that. - A witness's cCriminal Procedure · Source page ٢٥٢
  29. Principle 608Agreement of witnesses' statements in every detail. Not necessary. It is sufficient that they be capable of leading to the truth reached by the court.Criminal Procedure · Source page ٢٥٢
  30. Principle 609The trial court may form its conviction from the evidence and elements of the case and take any evidence or presumption with which it is satisfied as evidence for its judgment. The consequence: it may accept statements mCriminal Procedure · Source page ٢٥٢
  31. Principle 611Assessment of a witness's statements. A matter of fact. - Contradictions in some of the statements of the female victim and her brother. Do not impair the soundness of the judgment. So long as it derived the conviction fCriminal Procedure · Source page ٢٥٣
  32. Principle 612The appellate court’s failure to hear the testimony of the female victim, the hearing of which the accused waived at first instance. No defect.Criminal Procedure · Source page ٢٥٣
  33. Principle 613The witness's possession of reason and discernment. A prerequisite for accepting his testimony. Testimony. Its meaning.Criminal Procedure · Source page ٢٥٣
  34. Principle 614Assessment of testimony. Within the authority of the trial judge. He may believe a witness in some of his statements but not others.Criminal Procedure · Source page ٢٥٣
  35. Principle 615Weighing and assessing witnesses’ statements. Within the authority of the trial court. Its reliance on them. Implies its rejection of everything raised by the defense to induce it not to rely on them.Criminal Procedure · Source page ٢٥٣
  36. Principle 616Severing a witness's statements, accepting them with confidence in relation to one incident and discarding them in relation to another. Within the authority of the trial court. - 253 - Criminal Procedures and TrialsCriminal Procedure · Source page ٢٥٣
  37. Principle 617A request to hear defense witnesses. A factual defense. The court is not obliged to grant it so long as it is unnecessary for determining the merits of the case, nor is it obliged to respond to it expressly in its judgmeCriminal Procedure · Source page ٢٥٤
  38. Principle 618Assessment of whether to grant a request to hear witnesses or conduct an investigation. Within the authority of the appellate court. The basis thereof.Criminal Procedure · Source page ٢٥٤
  39. Principle 619The trial court may accept statements relayed by one person from another, even if that other person denies them, whenever it is satisfied that those statements were actually made by the person from whom they were relayedCriminal Procedure · Source page ٢٥٤
  40. Principle 620Accepting the witness's statements in the investigations rather than his statements at the hearing, without stating the reason. Does not vitiate the judgment.Criminal Procedure · Source page ٢٥٤
  41. Principle 621The absence or presence of volition and discernment at the time of testimony. Its assessment. A matter of fact.Criminal Procedure · Source page ٢٥٤
  42. Principle 622The victim’s delay in reporting does not preclude reliance on his statements when the court has confidence in them.Criminal Procedure · Source page ٢٥٤
  43. Principle 623Weighing witnesses’ statements and accepting what is found convincing therein. A factual matter. - Testimony need not cover the entirety of the truth sought to be established, nor must witnesses’ statements coincide in aCriminal Procedure · Source page ٢٥٤
  44. Principle 624Weighing and assessing witnesses' statements. Within the authority of the trial court. It may rely on a witness's statement even if it contradicts another statement by that witness, without being obliged to state the reaCriminal Procedure · Source page ٢٥٤
  45. Principle 625The court's conviction rests on meanings, not words and constructions. - The court's adoption of a secondhand account. Permissible. - Assessment of witnesses' statements. Within the trial court's authority.Criminal Procedure · Source page ٢٥٥
  46. Principle 626Deducing the correct account of the facts of the case. Within the authority of the trial court. It may weigh witnesses’ statements and accept statements given by a witness for evidentiary inference.Criminal Procedure · Source page ٢٥٥
  47. Principle 627Weighing witnesses’ statements. Within the authority of the trial court. Its reliance on a witness’s testimony, its import. It may rely on any evidence it finds convincing from whatever source it wishes. It may rely on tCriminal Procedure · Source page ٢٥٥
  48. Principle 628Weighing witnesses' statements and relying on them are within the authority of the trial court. The condition therefor. The permissibility of its accepting hearsay testimony. The condition for that.Criminal Procedure · Source page
  49. Principle 629Adopting the prosecution witness's statements and disregarding the defense witness's account. Not referring to the latter's statements. Its import.Criminal Procedure · Source page
  50. Principle 630A relationship of cohabitation or permissibility or an employment relationship between a witness and other witnesses does not prevent the court from being satisfied with the testimony.Criminal Procedure · Source page
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