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. ز – الخبراء

    Principle 747The court may reach a conclusive finding on what the expert did not conclusively determine in his report. Its condition. The challenge that the forensic evidence report did not conclusively determine that the signatures Criminal Procedure · Source page ٢٧٦
  2. Principle 748The police officer’s telephone contact with the public prosecutor on duty regarding the incident in the case, and the latter’s order - 276 - Criminal Procedures and Trials that he send the victim to forensic medicine forCriminal Procedure · Source page ٢٧٦
  3. Principle 749Challenging the judgment for failing to state the contents of the forensic medical report. It being established that it did not rely on evidence derived from that report. An inadmissible challenge.Criminal Procedure · Source page ٢٧٧
  4. Principle 750The report of the Anti-Forgery Department concluding that the counterfeiting of some banknotes is obvious and easily recognizable by an ordinary person. Its being regarded as blatant counterfeiting. Its consequence: exclCriminal Procedure · Source page ٢٧٧
  5. Principle 751Medical reports in themselves do not constitute evidence against the accused. Import of that: they are not vitiated by not being based on certainty. The court's adoption of probabilistic evidence. Permissible. Condition Criminal Procedure · Source page ٢٧٧
  6. Principle 752Assessment of the probative force of expert reports and comparison between them. A matter of fact. An example of sound reasoning for the court's confidence in the autopsy report and its rejection of the advisory medical Criminal Procedure · Source page ٢٧٧
  7. Principle 753Assessing experts’ opinions and deciding challenges directed at them. Within the authority of the trial court. It may reach a definite conclusion on what the expert did not conclusively determine. - The court’s confidencCriminal Procedure · Source page ٢٧٧
  8. Principle 754The trial court may reach a definite conclusion on what the expert did not conclusively determine in his report. Its condition. The appellant's contention - 277 - Criminal Procedure and Trials that the forensic medical rCriminal Procedure · Source page ٢٧٧
  9. Principle 755Assessing experts' opinions and determining challenges directed against their reports. Within the authority of the court of merits. The reason for this. An example of sound reasoning for rejecting objections to the handwCriminal Procedure · Source page ٢٧٨
  10. Principle 756The objection to the technical evidence for not expressly stating that the seized items were intoxicating substances. Unsound so long as the court was persuaded by all the evidence in the case that the appellant manufactCriminal Procedure · Source page ٢٧٨
  11. Principle 757Assessment of experts' opinions and determination of objections directed against their reports. Within the authority of the court of merits. Its failure to respond to those objections. Its implication. - The court of merCriminal Procedure · Source page ٢٧٨
  12. Principle 759Assessing the probative force of the expert's report and determining objections directed against it. For the court of merits. The consequence thereof. - It suffices that the analysis be conducted on part of the total psyCriminal Procedure · Source page ٢٧٩
  13. Principle 760Correspondence between a witness's statements and the content of the technical evidence is not necessary. What suffices for that. - An example of the absence of contradiction between testimonial and technical evidence inCriminal Procedure · Source page ٢٧٩
  14. Principle 761Medical reports in themselves. Do not constitute evidence against the accused. They are not vitiated if not based on certainty. - The judgment's adoption of probabilistic evidence. Does not impugn it so long as it foundeCriminal Procedure · Source page ٢٧٩

  15. ص – الأوراق (المستندات)

    Principle 763Disregarding exculpatory evidence even if contained in an official document. Within the authority of the trial court, and this does not render its judgment defective. - 279 - Criminal Procedures and TrialsCriminal Procedure · Source page ٢٧٩
  16. Principle 766The medical certificate is an item of evidence in the case. Its assessment is a matter of fact. - The court's rejection of the medical certificate. A challenge thereto is inadmissible where it is sound.Criminal Procedure · Source page ٢٨٠
  17. Principle 767Conviction of the respondent of the two offences of assault causing severe bodily pain and perceptible beating. The judgment's recording in its text of acceptance of the victim's pardon, based on submission of a notarizeCriminal Procedure · Source page ٢٨٠
  18. Principle 768The court's confidence in the statements of the victim and the remaining prosecution witnesses. The existence of a medical certificate establishing illness and predating the incident does not undermine it. - The judgmentCriminal Procedure · Source page ٢٨٠
  19. Principle 769Exculpatory evidence, even if contained in official documents. The court of merits may disregard it. The reason therefor. It may, in adjudication, be inconsistent with the truth of which it is satisfied.Criminal Procedure · Source page ٢٨٠
  20. Principle 770The rule regarding service is that it must certainly come to the knowledge of the person summoned to appear. The exception. Constructive receipt suffices. Art. 18, Criminal Procedures Law. - Proving anything contrary to Criminal Procedure · Source page ٢٨٠
  21. Principle 771The delegation order issued by the original delegate to another judicial police officer. It is not - 280 - Criminal Procedures and Trials required to be recorded in writing. The latter's arrest and search of the appellanCriminal Procedure · Source page ٢٨٠

  22. ض – الأدوات

    Principle 772The absence of the forged instrument. Does not necessarily entail failure to establish forgery. The reason for this. An example concerning a photocopy of a forged cheque. - The court may form its conviction to establish Criminal Procedure · Source page ٢٨١

  23. ط – الاتصالات الهاتفية

    Principle 773The instrument used in the assault is not an essential element of the offence. Failure to seize it does not undermine proof of the offence. Ṭ – Telephone communications:Criminal Procedure · Source page ٢٨١

  24. ظ – البصمات

    Principle 774The evidence on which the judgment relied. Each piece need not indicate and conclusively establish a particular aspect of the case. Reason therefor. - What is not required for the validity of the judgment. Sufficiency ofCriminal Procedure · Source page ٢٨١
  25. Principle 776The scene of the incident being devoid of the thief's fingerprints or traces indicating how he entered it. Does not, in itself, warrant his committing the crime of theft, so long as the court has established his commissiCriminal Procedure · Source page ٢٨٢

  26. ع – صحيفة السوابق

    Principle 777The accused's challenge concerning the failure to compare his fingerprints with traces at the crime scene. Inadmissible. So long as the court established his commission of the incident through sound evidence. Ayn – CrimiCriminal Procedure · Source page ٢٨٢

  27. - قاعدة تساند الأدلة

    Principle 778The absence of any accusations or prior convictions from the accused’s criminal record. Does not detract from the incriminating evidence set out in the judgment. The objection in this regard is inadmissible. - The rule oCriminal Procedure · Source page ٢٨٢
  28. Principle 779Deriving the correct account of the facts of the case. Within the authority of the court of merits, provided its inference is reasonable. The court of merits may take any evidence or circumstantial indication as evidenceCriminal Procedure · Source page ٢٨٢
  29. Principle 780Proof in criminal matters. Is based on persuasion. The judge may form his conviction from any evidence with which he is satisfied, from any source he chooses, provided that the law has not restricted him to particular evCriminal Procedure · Source page ٢٨٢
  30. Principle 783Proof in criminal matters. What matters is the judge's conviction. Assessment of witnesses. Within his unrestricted discretion. Each piece of evidence need not be conclusive on every detail of the case. It is sufficient Criminal Procedure · Source page ٢٨٣
  31. Principle 784Evidence relied upon need not be conclusive on every particular of the case. It suffices that the evidence collectively leads to what the judgment intended to derive from it.Criminal Procedure · Source page ٢٨٣
  32. Principle 785Basing a judgment on something having no basis in the case papers renders it defective. The judgment's reliance on other evidence does not suffice, since evidence in criminal matters is mutually supporting. An example ofCriminal Procedure · Source page ٢٨٣
  33. Principle 786Evidence in criminal matters is mutually supporting. Effect thereof: if one item of evidence is excluded or falls away, it becomes impossible to determine the extent of its influence on the judgment’s conclusion, therebyCriminal Procedure · Source page ٢٨٣
  34. Principle 787Inferring that the event is established from circumstances and circumstantial indications. Evidence need not be explicit. - The court of merits may reach a conclusive determination on what the expert did not conclusivelyCriminal Procedure · Source page ٢٨٣
  35. Principle 790A judgment's reliance on an account or incident having no basis in the investigations invalidates it. The other evidence it cites does not protect it from that. The basis and reason for that. An example.Criminal Procedure · Source page ٢٨٤

  36. إجراءات تنظيمية

    Principle 791Evidence in criminal matters. Persuasive. The judge may not be required to adopt particular evidence. Basis for that. He may disregard exculpatory evidence even if contained in official documents. Its condition. - 284 - Criminal Procedure · Source page ٢٨٤
  37. Principle 793Those whose assistance is sought by the person conducting the search performing their work in his presence and under his supervision and responsibility. An organizational procedure, the violation of which does not entailCriminal Procedure · Source page ٢٨٥

  38. التصرف في التحقيق

    Principle 795Whenever the accusation is in a single charging document and before a single judicial body, this is more conducive to properly imposing the appropriate punishment. - The court’s assessment that there is no connection betCriminal Procedure · Source page ٢٨٥
  39. Principle 796The Public Prosecution proposing an amendment of the classification of the charge from a misdemeanour to a felony for the first time before the Court of Cassation. Impermissible. Its assertion that the trial court may ruCriminal Procedure · Source page ٢٨٥
  40. Principle 797The Public Prosecution's characterization of a single act under all legal descriptions applicable to it. Permissible.Criminal Procedure · Source page ٢٨٦
  41. Principle 799The referral order. A procedure preceding trial. Raising its invalidity for the first time before the Court of Cassation. Inadmissible so long as it was not pleaded before the court of merits.Criminal Procedure · Source page ٢٨٦
  42. Principle 802An objection concerning deficiencies in the prosecution investigations. Cannot properly constitute a ground for challenging the judgment. Reason thereof.Criminal Procedure · Source page ٢٨٦

  43. - انقضاء الدعوى الجزائية

    Principle 803The charge sheet being free of ambiguity or obscurity liable to mislead the appellant concerning the charge - 286 - Criminal Procedures and Trials and his not objecting to or requesting correction of that statement beforCriminal Procedure · Source page ٢٨٦
  44. Principle 804The criminal enforcement authority's statement that the draft judgment has been lost. The inability to obtain an official copy thereof and the completion of all procedures prescribed for the appeal. Necessary consequenceCriminal Procedure · Source page ٢٨٧
  45. Principle 805A judgment cannot be for or against a deceased person. - The respondent's death requires the Court of Cassation to order cassation of the judgment, the lapse of the first-instance judgment imposing the penalty, and termiCriminal Procedure · Source page ٢٨٧
  46. Principle 806The court's satisfaction that the accused committed the offence. A discrepancy in the date of its commission does not affect his criminal responsibility for it so long as the criminal action has not become time-barred. TCriminal Procedure · Source page ٢٨٧
  47. Principle 808Criminal proceedings in felonies lapse upon the passage of ten years from the date of commission of the offence. - The running of that period is interrupted by any charging, investigation or trial procedure, whether in tCriminal Procedure · Source page ٢٨٧
  48. Principle 809The victim's right to pardon expires upon his death. The reason therefor. Its effect: it does not pass to his heirs, and neither his agent nor his guardian may perform any disposition on his behalf after his death. His mCriminal Procedure · Source page
  49. Principle 810What determines the characterization of an incident as a felony or misdemeanor—in relation to limitation rules—is the characterization reached by the court, not the characterization under which the action was brought or Criminal Procedure · Source page
  50. Principle 811- The accused's death before judgment is rendered in the criminal action. Its effect. Proceedings cease by operation of law. Reason for that. The court must record that and rule that the criminal action is terminated owiCriminal Procedure · Source page
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