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 1001The rule is that the criminal trial must be based on the oral investigation conducted by the court at the hearing so long as it is possible. Encroachment upon this is impermissible except by the parties' express or impliCriminal Procedure · Source page ٣٣٤
  2. Principle 1002Judgments in criminal matters are based only on the investigations conducted by the court at the hearing. This does not - 334 - Criminal Procedures and Trials prevent it from relying on evidentiary elements contained in Criminal Procedure · Source page ٣٣٤
  3. Principle 1003The rule for civil actions is that they are brought before the civil courts. The exception: bringing them before the criminal courts whenever the civil claimant has suffered harm because of the criminal action. Article 1Criminal Procedure · Source page ٣٣٥
  4. Principle 1004Recourse to an interpreter when necessary. Applies to trial proceedings, not to procedures preceding them. Article 170 of Criminal Procedure and Trials.Criminal Procedure · Source page ٣٣٥
  5. Principle 1005Assessment that the accused is unfamiliar with Arabic and needs an interpreter. A matter of fact, as it is one of the factual issues in the case. - The prosecutor's recording during the investigations and when interrogatCriminal Procedure · Source page ٣٣٥
  6. Principle 1006The victim spouse's right to prevent the institution of criminal proceedings against the adulterous spouse, and the waiver that entails staying the course of trial proceedings after the action has been instituted and staCriminal Procedure · Source page ٣٣٥
  7. Principle 1007A party to a criminal or civil action has the right to return to the court that failed to determine all or some of his substantive claims, for determination of what it omitted.Criminal Procedure · Source page ٣٣٥
  8. Principle 1008The jurisdiction of the criminal court. The general rule is that it is confined to hearing offences brought before it. The exception. Its jurisdiction to hear the civil action arising from those offences. Condition thereCriminal Procedure · Source page ٣٣٥
  9. Principle 1009The general rule in the litigation system is that, once judgment is delivered, the case passes out of the court’s seisin because its jurisdiction has been exhausted, and it may not return to hear it anew. - Judgments of Criminal Procedure · Source page ٣٣٦
  10. Principle 1010The challenge to the report of the General Department of Criminal Evidence for its failure to compare the appellant's fingerprints with the fingerprint traces lifted from the victim's residence, and the Public ProsecutioCriminal Procedure · Source page ٣٣٦
  11. Principle 1012Recording the wording of the oath. Not necessary. It suffices to record that it was taken before the investigator or the criminal judge - 336 - Criminal Procedure and Trials before giving testimony. Example. - The objectCriminal Procedure · Source page ٣٣٦
  12. Principle 1013The provision of Article 155, Criminal Procedure and Trials, concerning the court's confrontation of the accused with the charge. It was included solely for organization and guidance. Contravention thereof. It does not eCriminal Procedure · Source page ٣٣٧
  13. Principle 1014What matters in the invalidity of procedures is those conducted before the appellate court. - The court's appointment of a lawyer to defend the appellant, its granting his request for time to prepare, then his oral pleadCriminal Procedure · Source page ٣٣٧
  14. Principle 1015The constitutional rule that an accused is innocent until proven guilty. Its effect. The necessity of obtaining the assistance of a lawyer for every person accused of a felony. The lawyer's assistance to the accused mustCriminal Procedure · Source page ٣٣٧
  15. Principle 1016Raising for the first time before the Court of Cassation a complaint of nullity of the trial procedures before the court of first instance. Impermissible.Criminal Procedure · Source page ٣٣٧
  16. Principle 1017The court's own examination of the forged documents. An essential trial procedure in the offense of forgery, required by its duty to scrutinize the principal evidence in the case. Failure to do so. Renders those procedurCriminal Procedure · Source page ٣٣٧
  17. Principle 1018The court’s omission, at either level of litigation, to inspect the documents subject to forgery in the presence of the accused. Vitiates the trial proceedings. The reason therefor: it is an essential procedure required Criminal Procedure · Source page ٣٣٧
  18. Principle 1019The determining consideration for nullity of proceedings. What takes place thereof before the appellate court. The appellant's failure to raise anything concerning it before the first instance. His challenge on that basiCriminal Procedure · Source page ٣٣٨
  19. Principle 1020A 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 ٣٣٨

  20. صحيفة الاتهام (تقرير الاتهام)

    Principle 1021A plea of invalidity of procedures during consideration, in chambers, of the grievance against the Public Prosecution's decision to close the investigation, based on the Criminal Court's failure to appoint a lawyer to deCriminal Procedure · Source page ٣٣٨
  21. Principle 1022The judgment's specification of the gift as a particular amount, although it was stated without qualification in the indictment. A statement of a particular of the charge, not a change to its substance. Accordingly, it dCriminal Procedure · Source page ٣٣٨
  22. Principle 1023The Advocate General's signature at the conclusion of the investigations referring the case to the Counsellor, President of the Court of First Instance, with the indictment and list of evidence of guilt. The indictment'sCriminal Procedure · Source page ٣٣٨
  23. Principle 1024The clerical error in the indictment and what was reproduced from it in the judgment. No account is taken of it. What matters is the actual state of affairs. A challenge to the judgment in this regard. Inadmissible.Criminal Procedure · Source page ٣٣٩
  24. Principle 1025The indictment is an official procedural document in the litigation. The effect thereof. It must be signed by the person having capacity to issue it. The rationale and effect thereof. Its lack of signature results not onCriminal Procedure · Source page ٣٣٩
  25. Principle 1026The indictment. An official procedural document in the litigation. - The presumption is that procedures were observed during the hearing of the case. Accordingly, what is recorded in the hearing minutes or judgment may nCriminal Procedure · Source page ٣٣٩
  26. Principle 1027The court of merits is not bound by the Public Prosecution’s characterization of the act attributed to the accused. It may scrutinize the incident in all its legal characterizations and descriptions without needing to alCriminal Procedure · Source page ٣٣٩
  27. Principle 1028The appellant's challenge that the criminal action is inadmissible because the indictment lacks a signature attributable to a member of the Public Prosecution. Incorrect so long as it is established that it bears the AdvCriminal Procedure · Source page ٣٤٠
  28. Principle 1029Courts adjudicate actions brought before them by the Public Prosecution or the investigator. This necessarily means that an action not brought before them may not be heard except in the exceptional cases provided for in Criminal Procedure · Source page ٣٤٠
  29. Principle 1030Stating the name and signature of the member of the Public Prosecution in the indictment. Not required. Article 130 of the Code of Criminal Procedure and Trials. A challenge on that ground. Unfounded.Criminal Procedure · Source page ٣٤٠

  30. أ : عدم تقيد المحكمة بوصف النيابة

    Principle 1032The court is not bound by the characterization the prosecution gives to the act attributed to the accused, so long as the material incident described in the indictment is itself the incident the court adopted as the basiCriminal Procedure · Source page ٣٤١
  31. Principle 1033Scrutinizing the incident in all its legal characterizations and descriptions. Within the authority of the court of merits, even if the correct characterization is the more severe. Condition thereof. No change to the incCriminal Procedure · Source page ٣٤١
  32. Principle 1034An appeal places the entire case anew before the Court of Appeal. Its implication. It may give the facts previously presented to the court of first instance their correct characterization without being bound by the PubliCriminal Procedure · Source page ٣٤١
  33. Principle 1037The appellate court's right to scrutinize the incident before it in all its legal classifications and characterizations and to apply the law to it, without being bound by the characterization the prosecution assigns to tCriminal Procedure · Source page ٣٤٢
  34. Principle 1038The trial court is not bound by the Public Prosecution's characterization of the act attributed to the accused. It may examine the incident in all its legal classifications and descriptions and correctly apply the provisCriminal Procedure · Source page ٣٤٢
  35. Principle 1039The court of first instance's amendment of the characterization of the charge without alerting the appellant or his defence counsel. This does not vitiate the appellate judgment so long as the record establishes that theCriminal Procedure · Source page ٣٤٣

  36. ب: عدم جواز تعديل الوصف على أساس وقائع لم ترفع بها الدعوى

    Principle 1040The rule is that the trial court is not bound by the legal characterization which the Public Prosecution assigns to the act attributed to the accused. The reason for that: this characterization is not final by its natureCriminal Procedure · Source page ٣٤٣
  37. Principle 1041The court of second instance is seised of the case by virtue of the notice of appeal. It may not modify the charge and base it on facts other than those upon which the action was brought, and which were not previously prCriminal Procedure · Source page ٣٤٣
  38. Principle 1043An appeal places the entire action anew before the court of second instance. Meaning thereof. It is not bound by the Public Prosecution's characterization. The judgment merely combining two charges into a single characteCriminal Procedure · Source page ٣٤٤
  39. Principle 1044The appellate court is bound by what is contained in the notice of appeal and by the facts presented to the court of first instance, and it may not amend the charge against the accused, because doing so deprives the accuCriminal Procedure · Source page ٣٤٤
  40. Principle 1045The court of merits is not bound by the Public Prosecution’s characterization of the act attributed to the accused. It may scrutinize the incident in all its legal characterizations and descriptions. Condition thereof. TCriminal Procedure · Source page ٣٤٤
  41. Principle 1046The court of first instance may, while considering the case, amend the charge by adding certain facts to it, changing its elements, or attributing new facts connected with those in respect of which the action was broughtCriminal Procedure · Source page ٣٤٤
  42. Principle 1047Amendment of the statutory articles without amending the characterization of the charge or the incident in respect of which proceedings were instituted. It falls within the trial court's authority. Alerting the defense. Criminal Procedure · Source page ٣٤٤

  43. ج: إيراد وصف التهمة

    Principle 1048Challenging the court's failure to amend the characterization of the charge of intentional killing to assault resulting in death. A dispute over the account adopted by the judgment and a factual argument concerning the tCriminal Procedure · Source page ٣٤٤
  44. Principle 1049All charges attributed to the accused in the charge sheet under one description because they are of the same type does not preclude each from being the subject of a separate charge. The reason therefor: the legislature hCriminal Procedure · Source page ٣٤٥
  45. Principle 1050The law does not require the text of the charge to be set out in the hearing minutes. - The hearing minutes' failure to record a party's defence in full. Does not vitiate the judgment. The party may expressly request thaCriminal Procedure · Source page ٣٤٥

  46. د: الأثر القانوني لوصف التهمة

    Principle 1051The formulation of the charge contained in the judgment. Is considered part thereof. - Identifying the forged documents and the statement mentioned therein. Not necessary. Sufficiency of what appears in the description oCriminal Procedure · Source page ٣٤٥
  47. Principle 1052What governs jurisdiction. The legal characterization of the event under which the action was brought.Criminal Procedure · Source page ٣٤٥
  48. Principle 1054The appellant's challenge concerning the metabolites of the narcotic substance hashish found in his urine sample. Ineffectual, so long as the characterization of the charge of which he was convicted remains sound in viewCriminal Procedure · Source page
  49. Principle 1055The hearing minutes are an official document having evidentiary force against everyone as to what is recorded therein. It may not be alleged that they differ from the truth except by a challenge of forgery. - The Court oCriminal Procedure · Source page
  50. Principle 1056Recording the names of the judges who rendered the judgment in its preamble. The omission of those judges' names from the hearing minutes does not render it defective. - The contrary of what appears in the judgment's preCriminal Procedure · Source page
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