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. - حضور المحامي والدفاع عن المتهم (واجباته)

    Principle 874A lawyer is entrusted to his conscience in performing his duty. He is not required to create grounds of defence for the accused out of nothing. - The lawyer's defence being confined to requesting acquittal or leniency foCriminal Procedure · Source page ٣٠٨
  2. Principle 875A person accused of a felony has the right to retain someone to defend him, and the court must appoint a lawyer to undertake this task if the accused has not retained anyone. Article 120 of the Criminal Procedure and TriCriminal Procedure · Source page ٣٠٨
  3. Principle 876The accused is innocent until his guilt is established in a lawful trial in which he is afforded the guarantees necessary to exercise the right of defence. The basis is Article 34/1 of the Constitution. - Every person acCriminal Procedure · Source page ٣٠٨
  4. Principle 877The plan for defending the accused is left solely to the lawyer's opinion and discretion. Its necessary implication. The court may not base its conviction of the accused on anything stated by his lawyer alone, rather thaCriminal Procedure · Source page ٣٠٩
  5. Principle 878The court's appointment of a lawyer to defend the accused because his lawyer did not attend, without his objecting thereto or requesting adjournment to retain a lawyer. No infringement of the right of defence. - InvokingCriminal Procedure · Source page ٣٠٩

  6. - إخطار جمعية المحامين بالتحقيق مع المحامي

    Principle 879The lawyer's attendance during the accused's interrogation is a matter for him. His failure to notify the investigator that he has appointed a lawyer or to ask him to postpone the investigation for the lawyer's attendancCriminal Procedure · Source page ٣٠٩

  7. الإعلان

    Principle 880No reliance in convicting the appellant on evidence derived from the Public Prosecution’s investigations. There is no basis for pleading the nullity of the Public Prosecution’s investigations for failure to notify the PrCriminal Procedure · Source page ٣٠٩
  8. Principle 883Service through the Public Prosecution. An exception. Recourse thereto is permissible only when the domicile of the person to be served is unknown and after sufficient inquiries have been conducted.Criminal Procedure · Source page ٣١٠
  9. Principle 886The general rule in service is that it comes to the certain knowledge of the person summoned to attend by delivery of a copy of the service document to him personally. Presumptive knowledge suffices in some circumstancesCriminal Procedure · Source page ٣١٠
  10. Principle 888Determination of the criminal action in the accused's absence. The court must verify that the accused was validly served to attend the hearing scheduled for his trial; otherwise it must adjourn his trial to a subsequent Criminal Procedure · Source page ٣١١
  11. Principle 889The statement concerning the defendant's place of residence in the statement of claim. A unilateral declaration. Effect thereof. Altering the truth therein does not constitute forgery. The process server's confirmation oCriminal Procedure · Source page ٣١١
  12. Principle 890The summons to attend the trial hearing. Manner of its service. - The requirement that one of the adult male relatives residing with the person summoned sign the copy of the document. The legislature's purpose therein. -Criminal Procedure · Source page ٣١١
  13. Principle 891Notifying the accused of the hearing in due time. Its prerequisite. The case where the accused fails to attend the scheduled hearing.Criminal Procedure · Source page ٣١٢
  14. Principle 892Service upon the accused through the Public Prosecution. When it is valid: if the domicile of the person summoned to appear is unknown. An example.Criminal Procedure · Source page ٣١٢
  15. Principle 893The appellate court's hearing of an appeal brought by the Public Prosecution against a default judgment rendered by the court of first instance, despite the availability of opposition thereto and the non-expiry of the peCriminal Procedure · Source page ٣١٢
  16. Principle 894Presumptive knowledge. Its sufficiency in certain cases for service upon the person summoned to appear at his domicile. Example.Criminal Procedure · Source page ٣١٢
  17. Principle 896Service of documents in criminal matters. What is required therefor. The accused must be served personally or through a relative residing with him. - Service through the Public Prosecution. Its cases. Delivery of a copy Criminal Procedure · Source page ٣١٢
  18. Principle 897Documents in criminal matters, including the summons to appear. The manner of their service. - Service through the Public Prosecution. What is required for it to be validly effected. Reasonable investigative effort. Its Criminal Procedure · Source page ٣١٣
  19. Principle 900Personal service on the accused of notice of the hearing at which the case is reserved for judgment. Its import. He must follow the progress of its hearings without needing to be notified. His filing of the cassation appCriminal Procedure · Source page ٣١٣
  20. Principle 901Service of documents in criminal matters. Its manner. - 313 - Criminal Procedures and Trials - Summoning the accused to appear. Its procedures. Delivery of a copy of the notice to the Public Prosecution. An exception. ReCriminal Procedure · Source page ٣١٣
  21. Principle 905The particulars required in the service document. Their nature. The full name of the person to be served, his profession or occupation, domicile and workplace. Lack of knowledge of his domicile or workplace at the time oCriminal Procedure · Source page ٣١٤
  22. Principle 907The appellate court registry's notification of the appellant and all other parties of the date of the hearing scheduled to consider the appeal, and the court's verification that the accused has been validly served to attCriminal Procedure · Source page ٣١٥
  23. Principle 909The hearing scheduled for consideration of the appeal. The court registry must notify the appellant and the other litigants of it, and the court must ascertain that he was duly served personally or through one of his aduCriminal Procedure · Source page ٣١٦
  24. Principle 912The registry of the appellate court must notify the accused and all other parties of the date of the hearing fixed to consider the appeal. Article 203, Criminal Procedures. - The court's ascertainment that the accused haCriminal Procedure · Source page ٣١٦
  25. Principle 914The rule is that service must certainly come to the knowledge of the person summoned. The legislature's acceptance in some cases of constructive receipt. - Non-delivery of a copy of the notice personally to the person suCriminal Procedure · Source page ٣١٧
  26. Principle 915Adjudication of the action in absentia and without service of notice. This does not, in itself, detract from the sound grounds for acquittal set out in the judgment or alter the soundness of its reasoning. A challenge toCriminal Procedure · Source page ٣١٧
  27. Principle 917The registry department of the appellate court must notify the accused and all other parties of the date of the hearing fixed to consider the appeal, and it must be ascertained, before the court decides the case in the aCriminal Procedure · Source page ٣١٧
  28. Principle 919The appellant's exceeding the time limit for lodging the appeal and depositing its grounds. Necessary consequence: a ruling that the appeal is inadmissible as to form. What does not alter that. - Lawful service upon the Criminal Procedure · Source page ٣١٨
  29. Principle 920Notification of an absconding accused. Its manner. Articles 122/1, 123, 124, 125 of Criminal Procedure. - The accused’s flight must be announced, and the announcement published in the Official Gazette and posted in promiCriminal Procedure · Source page ٣١٨
  30. Principle 921The appellate court must ascertain that the appellant has been served before deciding the appeal in his absence. The basis for that. - The Court of Appeal's treating the appellant as a fugitive. Its failure to follow theCriminal Procedure · Source page ٣١٩

  31. الفصل في الدعوى "إجراءات المحاكمة"

    Principle 923The registry of the appellate court must serve the accused and all other parties with notice of the date of the hearing set for consideration of the appeal. Article 203, Criminal Procedure and Trials. - An endorsement onCriminal Procedure · Source page ٣١٩
  32. Principle 924Alleging defects in the investigation conducted at the stage preceding trial. Cannot constitute a ground for appealing the judgment. The reason thereof.Criminal Procedure · Source page ٣٢٣
  33. Principle 925An appeal brings the entire action before the court of second instance anew. Effect: it may legally characterize the incident without attributing new acts to the accused or increasing the penalty where he alone is the apCriminal Procedure · Source page ٣٢٣
  34. Principle 926A decision issued by the court in connection with preparing the case and collecting evidence. Preparatory. It does not create rights for the litigants. - The appellate court's decision to refer the accused to forensic meCriminal Procedure · Source page ٣٢٣
  35. Principle 927The appellant's raising the invalidity of trial procedures for the first time before the Court of Cassation. Inadmissible. The reason thereof.Criminal Procedure · Source page ٣٢٣
  36. Principle 929Assessment of the accused's mental condition. A question of fact determined by the trial court. In doing so, it is not obliged to appoint another expert in the action or summon the author of any report submitted to it foCriminal Procedure · Source page ٣٢٣
  37. Principle 930Assessment of the accused's age. Within the authority of the trial judge so long as his age has not been ascertained.Criminal Procedure · Source page ٣٢٤
  38. Principle 932The accused's or witness's knowledge of Arabic. Engaging an interpreter to hear his statements. Not necessary.Criminal Procedure · Source page ٣٢٤
  39. Principle 933The ancillary civil action. Its subjection to the provisions contained in the Criminal Procedures and Trials Law.Criminal Procedure · Source page ٣٢٤
  40. Principle 934Challenging the court for failing to undertake procedures that were not requested of it. Impermissible.Criminal Procedure · Source page ٣٢٤
  41. Principle 935Judgment on an opposition without hearing the opposing party's defence. The condition for its validity. That the opposing party was validly served for the hearing scheduled to consider it and failed to attend without excCriminal Procedure · Source page ٣٢٤
  42. Principle 936Recourse to an interpreter. Its scope: the investigation procedures preceding it. The officer's failure to use an interpreter. No defect.Criminal Procedure · Source page ٣٢٤
  43. Principle 937The court may abandon any procedure it has undertaken if it becomes apparent to it that disclosure of the truth does not necessarily depend on its implementation.Criminal Procedure · Source page ٣٢٤
  44. Principle 938Failure to hear a witness who could not be located. No defect. Reliance on his statements in previous investigations is permissible. - 324 - Criminal Procedure and TrialsCriminal Procedure · Source page ٣٢٤
  45. Principle 939Assessment of the accused's mental condition. A matter exclusively for the court of merits. It is not obliged to resort to experts except in purely technical matters. An example: the judgment's reasonable conclusion thatCriminal Procedure · Source page ٣٢٥
  46. Principle 940Engaging an interpreter in trial proceedings. Prescribed in the interests of the accused. Its occasion. The accused's or witness's lack of knowledge of Arabic. Ascertaining this. A factual matter determined by the court Criminal Procedure · Source page ٣٢٥
  47. Principle 941A request to conduct an inspection that is directed neither at negating the act constituting the offence nor at establishing the impossibility of its occurrence. The trial court is not obliged to grant it.Criminal Procedure · Source page ٣٢٥
  48. Principle 942Failure of a party to attend the appeal hearing without excuse. The court may hear it in his absence so long as it sees no need to adjourn it.Criminal Procedure · Source page
  49. Principle 943A juvenile who has completed fifteen years of age. When he is referred to the competent court with the provisions of the Juveniles Law applied to him: his being accused of a felony together with others over eighteen yearCriminal Procedure · Source page
  50. Principle 944Confidentiality is mandatory for juvenile court hearings, and attendance is prohibited to persons other than the juvenile, his relatives, witnesses, lawyers, probation officers and those whom the court permits to attend Criminal Procedure · Source page
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