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. - الحصانة البرلمانية

    Principle 689Request for permission to lift a member’s parliamentary immunity. It must be decided within a month from the date it reaches the National Assembly. Expiry of this period without a decision being issued thereon. Its effecCriminal Procedure · Source page ٢٦٥
  2. Principle 690Procedural parliamentary immunity provided for in Articles 111 of the Kuwaiti Constitution and 20 of Law 12 of 1963 concerning the Internal Rules of the National Assembly. Its meaning: criminal proceedings may not be takCriminal Procedure · Source page ٢٦٦

  3. - الاستعانة بمترجم

    Principle 691Procedural parliamentary immunity. Its nature: the prohibition of taking any criminal procedure, whether investigation, search, detention or any other procedure, against a member of the National Assembly before authorizaCriminal Procedure · Source page ٢٦٦

  4. - تقدير السن

    Principle 692Recourse to an interpreter where necessary is at the trial stage, not at the preceding investigation stage. - What counts in criminal judgments is the investigation and trial conducted before it. Example. - Assessment ofCriminal Procedure · Source page ٢٦٧
  5. Principle 693The judge’s recourse to experts to estimate age or his estimating it himself. Its condition: that age is not established by official documents. The judgment’s reliance, in assessing the female victim’s age, on the femaleCriminal Procedure · Source page ٢٦٧
  6. Principle 694Assessment of the accused's age. A matter of fact. It may not be disputed before the Court of Cassation, so long as the trial court has examined and assessed it. - The first-instance judgment, upheld on its grounds by thCriminal Procedure · Source page ٢٦٧

  7. - تقدير الحالة العقلية

    Principle 696Assessment of mental condition is exclusively for the trial court. It is not obliged to resort to experts except in purely technical matters. Example: the judgment’s reasonably concluding that nothing supports the accuseCriminal Procedure · Source page ٢٦٨
  8. Principle 697Assessment of the accused's mental condition. The trial court determines it independently, provided its assessment is sound. - The trial court's obligation to resort to experts depends on the matter before it being a purCriminal Procedure · Source page ٢٦٨
  9. Principle 698Assessment of the accused's mental condition. The court of merits independently determines it. Its condition. - Mental illness that legally negates criminal responsibility. Its nature. What does not constitute a ground fCriminal Procedure · Source page ٢٦٨
  10. Principle 699Mental illness that eliminates responsibility. Is that which eliminates awareness or results in loss of the ability to direct the will. - Assessment of the accused’s mental condition is a matter of fact. The trial court Criminal Procedure · Source page ٢٦٩

  11. ر – التعرف

    Principle 700Assessment of the accused’s mental condition. A factual matter. For its ruling to be sound. Appointment of an expert to determine the existence or absence of this condition. If it does not do so, it must state sound reasCriminal Procedure · Source page ٢٦٩
  12. Principle 701A witness's identification of the accused. The law prescribes no particular form in which it must take place. Acceptance of a witness's identification of the accused. A right of the trial court even if he was not presentCriminal Procedure · Source page ٢٦٩
  13. Principle 702Identification. What establishes it. - Reliance on the witness's identification of the accused. Within the trial court's authority. Condition for that. - 269 - Criminal Procedures and TrialsCriminal Procedure · Source page ٢٦٩
  14. Principle 703What matters in the characteristics and features useful in identifying persons is the majority of the similarities or the most prominent of them identified by the witness.Criminal Procedure · Source page ٢٧٠
  15. Principle 705The law has not prescribed a particular form for identification such that it is invalid if not conducted in that form. - Accepting the witness's identification of the accused. Within the authority of the trial court. ItsCriminal Procedure · Source page ٢٧٠
  16. Principle 706Apprehending the accused in front of an automated teller machine with three cards reported stolen and various withdrawal receipts in his possession. The officer's presentation of him among a group of similar-looking persCriminal Procedure · Source page ٢٧٠
  17. Principle 707A police officer, during his inquiries into a crime, presenting to the victim for identification the person whom the inquiries and information indicated to be the accused perpetrator. Is no more than a means of inquiry aCriminal Procedure · Source page ٢٧٠
  18. Principle 708What matters in a witness's identification of the accused is the court's confidence in the truthfulness of the witness himself. The challenge in this regard. An inadmissible dispute.Criminal Procedure · Source page ٢٧٠

  19. ز – الخبراء

    Principle 709The absence of a previous connection between the appellant and the victim, and the latter's failure to direct the accusation against - 270 - Criminal Procedures and Trials a specific person. Does not prevent its attributCriminal Procedure · Source page ٢٧٠
  20. Principle 710Assessment of the probative force of the expert's report. For the trial court. It may compare expert reports, accept what it considers appropriate, and reject the rest. The reason for this.Criminal Procedure · Source page ٢٧١
  21. Principle 711Assessing experts’ opinions and deciding objections directed at their reports. A matter of fact. The court’s referring the assignment back to the same expert. Unnecessary, provided that the incident has become clear to iCriminal Procedure · Source page ٢٧١
  22. Principle 712A request to appoint an expert. The court is not obliged to grant it so long as it finds in the case papers sufficient material to form its conviction.Criminal Procedure · Source page ٢٧١
  23. Principle 713Assessment of the probative force of the forensic physician's report is within the authority of the trial court. It may disregard a request to summon him for questioning so long as the incident has become clear to it or Criminal Procedure · Source page ٢٧١
  24. Principle 714Assessing the expert’s report is within the authority of the trial court. The expert’s inability to conduct a comparison in a forgery crime does not prevent the court from investigating the forgery through all other evidCriminal Procedure · Source page ٢٧٢
  25. Principle 715Invalidity of the expert's report for his failure to take the oath before commencing it. Its criterion. Harm to the interest of the person invoking that invalidity.Criminal Procedure · Source page ٢٧٢
  26. Principle 716The trial court’s confidence in the evidence it cited establishing the offence of narcotic consumption. Its rejection of the request for referral to forensic medicine to establish consumption. No infringement of the righCriminal Procedure · Source page ٢٧٢
  27. Principle 717Witnesses’ statements and the substance of the technical evidence. Their agreement in every detail. Unnecessary. It is sufficient that they do not contradict each other in a manner incapable of accommodation and reconcilCriminal Procedure · Source page ٢٧٢
  28. Principle 718Assessment of the probative force of the expert's report. Within the authority of the trial court. Its undertaking to implement the expert's opinion. Its effect: the requirement that its reasons for refutation rest on teCriminal Procedure · Source page ٢٧٢
  29. Principle 719A request to remit the assignment to the forensic physician. The court is not at fault if it disregards it. So long as the incident has become clear to it and it sees no need for this on its part. - 272 - Criminal ProcedCriminal Procedure · Source page ٢٧٢
  30. Principle 721Ascertainment of the statements of the victim and the witness without contradiction therein, and non-reliance on the forensic medical report in the conviction. What the appellant raises concerning contradiction between tCriminal Procedure · Source page ٢٧٣
  31. Principle 722- Assessing experts' opinions is a matter of merits. - The court is not obliged to respond to challenges directed against experts' reports. The implication thereof.Criminal Procedure · Source page ٢٧٣
  32. Principle 723The forensic physician's report specifying the location of the victim's injury, which accords with his account of the incident. Alleging a conflict between the victim's statements and the contents of that report. IncorreCriminal Procedure · Source page ٢٧٣
  33. Principle 724The trial court may reach a definitive conclusion on what the expert did not definitively establish in his report. Condition for that. Example.Criminal Procedure · Source page ٢٧٣
  34. Principle 725- The court is not obliged to respond to what is contained in the consulting expert's report. Its adoption of the report of the expert appointed in the case. Its implication.Criminal Procedure · Source page ٢٧٣
  35. Principle 726The expert's performance of his work in a specified manner is not necessary. What suffices in that regard. His carrying out the task for which he was appointed, so long as it is subject to the court's assessment. - The cCriminal Procedure · Source page ٢٧٣
  36. Principle 727Adopting the consultative medical report contrary to the expert's report. The court is not obliged to do so. It may adopt what it sees fit and reject the rest, as this relates to its authority to assess evidence. - 273 -Criminal Procedure · Source page ٢٧٣
  37. Principle 728The court's satisfaction that the appellant committed what was attributed to him, based on the evidence it cited. Its disregard of the filed expert report finding that he had no indebtedness. No defect. The reason for thCriminal Procedure · Source page ٢٧٤
  38. Principle 729An expert's report does not constitute proof attributing the charge to the accused, but is valid as evidence supported by other evidence. - The appellant's criticism of the evidence report for lacking anything indicatingCriminal Procedure · Source page ٢٧٤
  39. Principle 730The court's satisfaction that the appellant committed the offense attributed to him, relying on the evidence it set out. The judgment's disregard of the comparison report on fingerprints lifted from the scene of the inciCriminal Procedure · Source page ٢٧٤
  40. Principle 731The court's obligation to set out the evidence on which it relies in its judgment and state its substance adequately. Mere reference to it. Insufficient. Failure to do so vitiates the judgment for inadequate reasoning. ACriminal Procedure · Source page ٢٧٤
  41. Principle 733The urine and narcotics examination reports’ inclusion of the appellant’s name and the case number. This is not undermined by the obvious clerical error in the year.Criminal Procedure · Source page ٢٧٤
  42. Principle 735The court's right to disregard a defence devoid of evidence, which reality refutes and does not support. An example of what does not constitute a contradiction between two technical reports.Criminal Procedure · Source page ٢٧٥
  43. Principle 736The court of merits is not obliged to respond to challenges directed against the expert's report so long as it has adopted its contents. The implication of this.Criminal Procedure · Source page ٢٧٥
  44. Principle 737The appellants’ request to summon the female forensic physician in their defence memorandum submitted at the sole pleading hearing before the Court of Appeal, followed by their defence counsel’s recording in the hearing Criminal Procedure · Source page ٢٧٥
  45. Principle 738The court has the authority to assess the probative force of the elements of the case and is the supreme expert in everything it can determine itself. It may seek the assistance of an expert whose opinion is subject to iCriminal Procedure · Source page ٢٧٥
  46. Principle 740The judgment's establishment of the presence of metabolites of hashish, morphine and psychotropic substances in the sample taken from the appellant's urine. Sufficient to establish his possession of these substances for Criminal Procedure · Source page ٢٧٥
  47. Principle 741The appellant's dispute concerning the proportions of the active substance in the seized tablets as failing to establish criminal intent. Unavailing and serves no interest so long as the judgment established that they arCriminal Procedure · Source page ٢٧٥
  48. Principle 742The police officer conducting the search sending a sample of the seized items to the Criminal Evidence Department for analysis, as a means of inquiry and investigation pursuant to Articles 40 and 41 of the Criminal ProceCriminal Procedure · Source page
  49. Principle 744Finding traces of narcotic or psychotropic substances in the appellant’s urine sample. Sufficient to establish the crime of his possession of either, whatever its percentage in his body. Reason: the law has not specifiedCriminal Procedure · Source page
  50. Principle 746Choosing between the technical evidence presented in the case. For the trial court. It may not be disputed in this regard, and it incurs no fault in disregarding a request to appoint a committee of experts.Criminal Procedure · Source page
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