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. - قرار الحفظ

    Principle 812The inclusion of reasons in the decision to close the case. Not required by the legislature. These reasons cannot be ascertained through inference or conjecture; rather, they must be expressly recorded. The existence of Criminal Procedure · Source page ٢٨٨
  2. Principle 813A decision to provisionally or finally shelve proceedings. Reversal upon the emergence of new evidence. Permissible. Assessing whether - 288 - Criminal Procedures and Trials this evidence warrants reopening and completinCriminal Procedure · Source page ٢٨٨
  3. Principle 814A decision definitively closing the investigation. Must be recorded in writing, explicit in its terms, and indicate that the action will not proceed. - The Public Prosecution's failure to issue a closure decision concernCriminal Procedure · Source page ٢٨٩
  4. Principle 815The civil claimant's failure to challenge, before the competent court within the prescribed time, the Public Prosecution's decision to close the investigation into the offence under Article 44/4 of Law 35 of 1962 (concerCriminal Procedure · Source page ٢٨٩
  5. Principle 816A grievance against decisions to discontinue proceedings issued by the Public Prosecution or whoever acts in its stead in a felony or misdemeanour is available to the victim or any of his heirs. The basis: Article 104 ofCriminal Procedure · Source page ٢٨٩

  6. ب- النيابة العامة صاحبة الحق في رفع الدعوى

    Principle 819The accused may request that the court award him compensation for harm caused by a malicious accusation or one based on frivolity and recklessness on the reporting person’s part. Submission of the compensation claim by fCriminal Procedure · Source page ٢٩٣
  7. Principle 820The injured spouse's right to prevent the institution of criminal proceedings against the adulterous spouse, and the waiver that entails halting trial procedures after proceedings have been instituted and staying executiCriminal Procedure · Source page ٢٩٣
  8. Principle 821The civil claimant has no power to exercise the rights of the criminal action. His intervention therein is in his capacity as a person harmed by the crime that had occurred at the time compensation for the harm was soughCriminal Procedure · Source page ٢٩٤
  9. Principle 822A criminal action may not be instituted against the perpetrator of a crime outside Kuwait and then return to it after his conviction by foreign courts and completion of the sentence imposed upon him. Article 13 of the PeCriminal Procedure · Source page ٢٩٤
  10. Principle 823The Law of Procedure. Its application to cases in which a judge is disqualified from hearing the action, cases in which his recusal may be sought, and recusal procedures. Article 173 of the Law of Procedure. - If the judCriminal Procedure · Source page ٢٩٤
  11. Principle 825No restriction on the Public Prosecution's freedom to initiate criminal proceedings. The exception is the crimes exhaustively specified in Articles 108 and 109 of the Criminal Procedures and Trials Law. The challenged juCriminal Procedure · Source page ٢٩٥
  12. Principle 826The Public Prosecution, or whoever acts in its place in misdemeanor cases. Holds the right to institute and conduct criminal proceedings. Articles 9 and 129 of the Criminal Procedure and Trials Code and 53 of Decree-Law Criminal Procedure · Source page ٢٩٥

  13. ج- الشكوى

    Principle 827Institution of the action under Law 3/1961 and before the issuance of Law 3/2006 concerning Printing and Publication. Its effect: the inapplicability of the provisions of Article 29 of the latter law concerning the compeCriminal Procedure · Source page ٢٩٦
  14. Principle 828The complaint stipulated in Article 109 of Procedures. No particular form is required for it. It makes no difference whether it is written or oral. Writing the phrase indicating the victim's or his guardian's desire to iCriminal Procedure · Source page ٢٩٦
  15. Principle 829Giving effect to the victim's pardon of the accused in crimes other than those for which the law requires a complaint to institute proceedings. Discretionary for the court. An example concerning the crime of violating thCriminal Procedure · Source page ٢٩٦
  16. Principle 830Crimes for which initiating criminal proceedings requires submission of a complaint. Exhaustively enumerated. The crime of kidnapping males. Not included among them. Effect thereof. It is not subject to the complaint resCriminal Procedure · Source page ٢٩٦
  17. Principle 831The crimes of having sexual intercourse with a female without coercion, threat, or deception and detaining her otherwise than in the circumstances prescribed by law. Neither is among the crimes for which an action may beCriminal Procedure · Source page ٢٩٦
  18. Principle 832Initiating criminal proceedings for the two offenses of appropriation. Without right, of State property, and forgery of official documents. Does not require the submission of a complaint. Example.Criminal Procedure · Source page ٢٩٧
  19. Principle 833The offences of complicity in forging a bank document and attempting to obtain property by fraud through creating a fictitious debt instrument. Are not offences requiring a complaint for their institution. Individual parCriminal Procedure · Source page ٢٩٧
  20. Principle 834The law does not require a particular form for the victim's reporting to the Public Prosecution of an offense involving printed matter and publication, provided that the report is made within the legally prescribed time Criminal Procedure · Source page ٢٩٧
  21. Principle 836Law 64/1999 concerning intellectual property rights contains no restriction on the freedom of - 297 - Criminal Procedures and Trials the Public Prosecution to initiate criminal proceedings. - The plea of inadmissibility Criminal Procedure · Source page ٢٩٧
  22. Principle 837The Public Prosecution, or whoever acts in its stead in misdemeanor cases. It holds the right to institute and conduct criminal proceedings. Articles 9 and 129 of the Criminal Procedure and Trials Law and 53 of Decree-LaCriminal Procedure · Source page ٢٩٨
  23. Principle 838The institution of a criminal action for adultery used to depend on the maliciousness of a complaint by the aggrieved husband. Article 109 of the Code of Criminal Procedure and Trials. - The wording of Article 197 of theCriminal Procedure · Source page ٢٩٨

  24. أ- الوكالة

    Principle 839The Public Prosecution, or whoever acts in its stead in misdemeanour cases, holds the right to institute and conduct the criminal action. The basis for this. - Submission of a complaint by the victim. An exception to theCriminal Procedure · Source page ٢٩٨
  25. Principle 840Appeal by way of cassation is a personal right of the convicted person. The effect thereof. No one may represent him without his permission. The notice of appeal must be filed by the person against whom judgment was rendCriminal Procedure · Source page ٣٠١
  26. Principle 841Appeal by way of cassation in criminal matters. A personal right of the convicted person, exercised by him personally or through another whom he authorizes by a general or special power of attorney permitting the exercisCriminal Procedure · Source page ٣٠١
  27. Principle 843Filing the appeal by the civil claimant’s lawyer in that capacity under a power of attorney that does not include that capacity. Its effect. Formal inadmissibility of the appeal.Criminal Procedure · Source page ٣٠١
  28. Principle 844Where the instrument of agency of the agent of the endorsee of the cheque does not include authority for the agent to waive rights or grant a discharge, it cannot serve as evidence of the discharge of the accused's liabiCriminal Procedure · Source page ٣٠١
  29. Principle 845Determining the extent of the agency. By reference to the wording and provisions of the power of attorney itself. - Interpretation of the wording of the power of attorney. Subject to the court of merits. The condition thCriminal Procedure · Source page ٣٠٢
  30. Principle 846The convicted person being over 18 years of age. Its implication. His full procedural capacity. - Lodging a challenge by a lawyer on behalf of the juvenile’s natural guardian despite the latter juvenile’s full proceduralCriminal Procedure · Source page ٣٠٢
  31. Principle 847Filing a cassation appeal by a lawyer acting as a substitute for another lawyer representing the convicted person, without submitting the latter power of attorney to verify the capacity of the appellant’s representative.Criminal Procedure · Source page ٣٠٢
  32. Principle 849An appeal pursuant to a power of attorney issued by the convicted person's mother in her capacity as his agent under another power of attorney issued by her. Failure to submit the latter power of attorney in the appeal fCriminal Procedure · Source page ٣٠٢
  33. Principle 850A lawyer, whether retained or appointed, is entrusted to his conscience in performing his duty and is not required to create grounds of defense for the accused out of nothing. His request for acquittal or the exercise ofCriminal Procedure · Source page ٣٠٣
  34. Principle 851The power of attorney expressly specifying the filing of opposition, appeal and petition for reconsideration, and appearance and pleading before the Court of Cassation, but not appeal by cassation. Its effect. InadmissibCriminal Procedure · Source page ٣٠٣
  35. Principle 852Filing a notice of appeal in cassation. A personal right of the convicted person. No other person may represent him in exercising this right except with his permission or that of the person having guardianship over his pCriminal Procedure · Source page ٣٠٣
  36. Principle 853Appeal in criminal matters. A personal right vested in the litigant, exercised by him personally or through an agent whom he authorizes to lodge an appeal. - The appeal petition lacking the number of the power of attorneCriminal Procedure · Source page ٣٠٣
  37. Principle 854The failure of the accused's retained lawyer to attend and the court's appointment of another lawyer who pleaded the case. No infringement of the right of defense. So long as the accused did not object to this procedure Criminal Procedure · Source page ٣٠٣
  38. Principle 855Appeal by cassation. A personal right of the convicted person, which he exercises first he exercises when he sees it as being in his interest, and no other person may act on his behalf in exercising this right without hiCriminal Procedure · Source page ٣٠٤
  39. Principle 856Appeal by cassation in criminal matters. A personal right of the convicted person, which no one may exercise on his behalf except with his permission. Implication thereof. The appeal must be lodged by him personally or bCriminal Procedure · Source page ٣٠٤
  40. Principle 857The victim's right to pardon expires upon his death. The effect thereof: it does not pass to his heirs, and his agent or guardian may not perform any disposition on his behalf after his death. His mother's waiver after hCriminal Procedure · Source page ٣٠٤
  41. Principle 858Appeal in criminal matters is a personal right exercised by the litigant himself or through an agent for this purpose under a power of attorney containing authorization for the agent to lodge an appeal. Article 202 of thCriminal Procedure · Source page ٣٠٥

  42. ب- الولاية

    Principle 859An appeal by cassation is a personal right of the convicted person. He may exercise it or not exercise it. - Omission from the notice of appeal by cassation of the capacity of the person lodging it or the number of the pCriminal Procedure · Source page ٣٠٥
  43. Principle 861The legal guardian represents the person lacking full capacity or the absentee in settling with the accused or pardoning him. Its condition: that the person lacking full capacity or the absentee be alive. The reason: theCriminal Procedure · Source page ٣٠٦

  44. - حضور المحامي والدفاع عن المتهم (واجباته)

    Principle 866A single lawyer undertaking the duty of defending multiple accused persons in one felony. Permissible, so long as there is no conflict between their interests.Criminal Procedure · Source page ٣٠٧
  45. Principle 867The attendance of a lawyer for every accused person present in a felony case. Mandatory. The accused's failure to retain a defender requires the court to appoint a lawyer to defend him. An essential procedure relating toCriminal Procedure · Source page ٣٠٧
  46. Principle 868The accused's entrusting his defence to a lawyer. The court must hear his pleading or afford him the opportunity to perform his task. The condition for this. No conflict with the court's authority to ensure that the progCriminal Procedure · Source page ٣٠٧
  47. Principle 870The appellant's attendance at the trial hearing and his not claiming that he had retained a lawyer to defend him or requesting an adjournment for that lawyer to attend. The court's appointment of a lawyer to undertake hiCriminal Procedure · Source page ٣٠٧
  48. Principle 871The preparedness or lack of preparedness of counsel defending the accused. A matter entrusted to his assessment as dictated by his conscience, diligence and the traditions of his profession.Criminal Procedure · Source page
  49. Principle 872The lawyer's duty in defending the accused. Its scope. His limiting himself to requesting leniency when the accused confesses. Does not prejudice the right of defense and suffices for the performance of his duty.Criminal Procedure · Source page
  50. Principle 873Contending that appointed counsel's unfamiliarity with the circumstances of the case prevented the fullest conduct of the defense. Has no basis so long as it was not alleged that his defense was merely formal. The reasonCriminal Procedure · Source page
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