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. الفصل في الدعوى "إجراءات المحاكمة"

    Principle 946Rules governing the right to appeal judgments. What matters is the characterization of the incident as charged, not what the court rules. - Bringing the action as a felony, adjudicating it at first instance, and admittinCriminal Procedure · Source page ٣٢٦
  2. Principle 947Trial of a juvenile. It must be conducted in a closed hearing. Pronouncement of judgment must be in a public hearing. - Attendance of the probation officer at the juvenile's trial. Not necessary. His non-attendance does Criminal Procedure · Source page ٣٢٦
  3. Principle 948An appeal by the Public Prosecution. The effect of filing it. - Not worsening the accused's position on appeal is conditional upon his being the sole appellant, without the Public Prosecution.Criminal Procedure · Source page ٣٢٦
  4. Principle 949The civil action's dependence on the criminal action. Its effect. It follows its rules regarding the course of trial, judgments, and appeals against them in respect of procedures and time limits. The Code of Civil ProcedCriminal Procedure · Source page ٣٢٦
  5. Principle 950Engaging an interpreter when necessary is at the trial stage, not at the preceding investigation stage. - Assessing the accused's or witness's knowledge or lack of knowledge of Arabic. Within the authority of the court oCriminal Procedure · Source page ٣٢٦
  6. Principle 952The trial court's alteration of the characterization of the charge. Its condition. The court's failure to draw the accused's attention to amendment of the characterization of the charge to a lesser one. No infringement oCriminal Procedure · Source page ٣٢٧
  7. Principle 953The court’s own inspection of the forged document. An essential trial procedure in forgery offences. Omission thereof. Its effect.Criminal Procedure · Source page ٣٢٧
  8. Principle 954Examination of the permissibility of appealing a judgment precedes the form of the appeal against it. - A pardon of the penalty issued by the Head of State before determination of the appeal against the judgment imposingCriminal Procedure · Source page ٣٢٧
  9. Principle 955Issuance by the Head of State of a pardon for the penalty before determination of the cassation appeal brought against the judgment imposing it. Its effect. Impermissibility of considering the appeal.Criminal Procedure · Source page ٣٢٧
  10. Principle 956A pardon from punishment issued by the Head of State and determination of the appeal in cassation. Its effect. The matter passes out of judicial hands, such that the Court of Cassation has no authority to continue considCriminal Procedure · Source page ٣٢٧
  11. Principle 957Attendance of a lawyer for every accused present in a felony case. Obligatory. The accused's failure to retain defence counsel obliges the court to appoint a lawyer to defend him. This is an essential procedure relating Criminal Procedure · Source page ٣٢٧
  12. Principle 958Scrutinising the facts presented in all their characterisations and correctly applying the statutory provision to them. - 327 - Criminal Procedures and Trials A duty of the trial court, without being bound by the charactCriminal Procedure · Source page ٣٢٧
  13. Principle 959The appellant's reliance on the invalidity of trial proceedings concerning another accused who did not appeal the judgment. Inadmissible.Criminal Procedure · Source page ٣٢٨
  14. Principle 960The complaint that the appellate court questioned the appellant about the charge against him without complying with Article 155 of the Procedures Law. Is of no avail so long as the judgment did not rely, in convicting hiCriminal Procedure · Source page ٣٢٨
  15. Principle 961Notifying the accused of the hearing in due time in the event of his nonattendance. His attendance at the hearing. No basis for raising the issue of his not being notified of the hearing.Criminal Procedure · Source page ٣٢٨
  16. Principle 962The appellant's attendance at the trial hearing without claiming that he had retained a lawyer to defend him or requesting an adjournment for that lawyer's attendance. The court's appointment of a lawyer to defend him. NCriminal Procedure · Source page ٣٢٨
  17. Principle 963Joining the papers of a case invoked in a plea that the action may not be heard because it has previously been adjudicated. Unnecessary so long as a copy of the judgment rendered therein has been submitted enabling examiCriminal Procedure · Source page ٣٢٨
  18. Principle 964The appellate court's disregarding a request for adjournment. It does not vitiate its judgment. The condition for that.Criminal Procedure · Source page ٣٢٨
  19. Principle 966The objection that the court did not examine the forged documents despite their established presence in an open envelope, without the appellant alleging that they were in a sealed evidence package that was not opened durCriminal Procedure · Source page ٣٢٩
  20. Principle 967A request for adjournment. Does not constitute a plea or defence before the court. Its failure to grant it. No defect. - Proving the contrary of what is recorded in the hearing minutes is impermissible except by a challeCriminal Procedure · Source page ٣٢٩
  21. Principle 968The court is not obliged to grant the accused time to inspect and respond so long as it was within his ability, as the appellant, to present his grounds of defence in this regard.Criminal Procedure · Source page ٣٢٩
  22. Principle 969Trial procedures. What matters is those conducted before the appellate court. - Failure to invoke before the Court of Appeal the nullity of trial procedures at first instance. Its effect. It may not be raised before the Criminal Procedure · Source page ٣٢٩
  23. Principle 970The court's appointment of a lawyer in the case. No invalidity of proceedings and no infringement of the accused's right of defense. Its condition. - Contending that appointed counsel's unfamiliarity with the circumstancCriminal Procedure · Source page ٣٢٩
  24. Principle 971No person other than the person against whom the invalid procedure was taken has standing, even if he would benefit from it. The reason for this.Criminal Procedure · Source page ٣٢٩
  25. Principle 972Hearing the appeal brought by the Public Prosecution against the judgment in absentia issued by the court of first - 329 - Criminal Procedure and Trials instance. Impermissible. Reason therefor. Its susceptibility to oppCriminal Procedure · Source page ٣٢٩
  26. Principle 973Where a party fails to attend the hearing fixed to consider his appeal without an acceptable excuse, the Court of Appeal may decide the appeal in his absence. The basis thereof. Example.Criminal Procedure · Source page ٣٣٠
  27. Principle 974Procedures are presumed valid. - Alleging something contrary to what is recorded in the judgment. Its means. A challenge alleging forgery. - The judgment recording the appellant's failure to attend the appeal hearing desCriminal Procedure · Source page ٣٣٠
  28. Principle 975Pleading the nullity of a procedure or faulting the judgment on its account. Its condition. Standing on the part of the person against whom it was conducted. - A plea that the police inquiries were not serious. InadmissiCriminal Procedure · Source page ٣٣٠
  29. Principle 976Judgments in absentia. The Public Prosecution and all other parties may appeal them. - The Prosecution’s appeal against a judgment in absentia. It encompasses the judgment rendered on the opposition thereto, whether uphoCriminal Procedure · Source page ٣٣٠
  30. Principle 977The procedure by which an appeal is brought: a petition submitted to the registry of the court that rendered the judgment. - The appeal petition is evidence of its contents. The judgment's ruling that the accused's appeaCriminal Procedure · Source page ٣٣٠
  31. Principle 978The confession regarding which the court must hear the accused's statements is that which he makes before it when confronted with the charge brought against him.Criminal Procedure · Source page ٣٣١
  32. Principle 979The exclusive authority of the Ministers' Court to try ministers and any other perpetrators or accomplices who are not ministers, and its jurisdiction also over crimes inseparably connected with the crimes before it. TheCriminal Procedure · Source page ٣٣١
  33. Principle 980The investigation and trial procedures contained in Decree-Law 35 of 1990. Their difference from those contained in the Criminal Procedure and Trials Law. Reason therefor. - Establishment of a special court to hear a parCriminal Procedure · Source page ٣٣١
  34. Principle 981Trying a juvenile in non-public proceedings is not among the cases exhaustively enumerated in Article ten of Law 40 of 1972 concerning the Cases and Procedures of Appeal by Cassation, which permit the Court of Cassation Criminal Procedure · Source page ٣٣١
  35. Principle 982Trial of a juvenile. Must take place in a closed hearing. The judgment, however, is delivered in a public hearing. - It being established that the challenged judgment and the first-instance judgment were delivered in a pCriminal Procedure · Source page ٣٣١
  36. Principle 983Procedures of committees investigating ministers and other perpetrators and accomplices pursuant to Law 88/1995 concerning the Court of Ministers. How to lodge a grievance against them: before the competent court after tCriminal Procedure · Source page ٣٣١
  37. Principle 984The jurisdiction of criminal courts to determine the civil action. Its condition. An example concerning the permissibility of an appeal by the civil claimant against the judgment rendered in the civil action when acquittCriminal Procedure · Source page ٣٣٢
  38. Principle 985A civil action ancillary to a criminal action. In the conduct of the trial, judgments and appeals against them, it is subject, as regards procedures and time limits, to the rules applicable to criminal appeals, rather thCriminal Procedure · Source page ٣٣٢
  39. Principle 986A challenge based on the failure to conduct inquiries or question the accused during the investigation. Pre-trial procedures. They cannot constitute a ground for challenging the judgment.Criminal Procedure · Source page ٣٣٢
  40. Principle 987Alleging defects in the pretrial investigation. It does not constitute a valid ground of appeal against the judgment. Example.Criminal Procedure · Source page ٣٣٢
  41. Principle 988Raising the invalidity of trial procedures before the court of first instance for the first time before the Court of Cassation. Impermissible.Criminal Procedure · Source page ٣٣٢
  42. Principle 991Non-attendance of the lawyer retained by the accused and the court's appointment of another lawyer who pleaded in the case. No infringement of the right of defence, so long as the accused did not object to this procedureCriminal Procedure · Source page ٣٣٣
  43. Principle 992The presumption concerning procedures. Validity. - Alleging something contrary to what is recorded in the hearing minutes or judgment. Not permissible except by a challenge alleging forgery. A challenge in this respect. Criminal Procedure · Source page ٣٣٣
  44. Principle 993Opposition must be heard before the court that rendered the default judgment. The judge who rendered the default judgment hearing the opposition thereto. Permissible. The challenge thereto in this regard. Unsound.Criminal Procedure · Source page ٣٣٣
  45. Principle 994Acceptance of the appellant’s opposition to the first-instance judgment in absentia. Its effect: he is not deprived of presenting his defence and no right of his is infringed. The challenge in this regard. Unavailing.Criminal Procedure · Source page ٣٣٣
  46. Principle 995The court of first instance's consideration of the appellant's opposition to the judgment rendered by it against him in absentia. Its source is the law. The challenge based on the disqualification of the panel that rendeCriminal Procedure · Source page ٣٣٣
  47. Principle 996The appellant's failure to renew his request to hear defense witnesses or conduct an investigation before the appellate court, or to maintain it in his final requests. It is deemed a waiver thereof. The reason therefor: Criminal Procedure · Source page ٣٣٤
  48. Principle 997The appellant's objection to the Court of Appeal's failure to conduct an investigation into his waiver of his request. Unfounded. Example.Criminal Procedure · Source page
  49. Principle 999The request which the trial court is obliged to grant or answer. Its nature. - The appellant's defence requesting a comprehensive investigation and summoning witnesses to hear their statements, while leaving the decisionCriminal Procedure · Source page
  50. Principle 1000The court's examination of the actions whose joinder the appellant requested and its recording of their substance and the judgments issued therein. A challenge to it in this regard. Incorrect.Criminal Procedure · Source page
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