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. الأمر بالحضور والإعلان

    Principle 56Service upon the Public Prosecution. Condition for its validity. - Service upon National Guard personnel at their workplace. How effected. Their subjection to the general rules when served elsewhere than at the workplaceCriminal Procedure · Source page ١٣٠
  2. Principle 57Deeming an absent appellant to have abandoned his appeal, requiring a ruling deeming his appeal never to have existed. When this is valid: upon ascertaining that he was validly served with notice of the hearing set to heCriminal Procedure · Source page ١٣٠
  3. Principle 58Personal service on the accused of notice of the hearing at which the case was reserved for judgment. Its implication. He must follow the course of its hearings without the need for service on him. His lodging an appeal Criminal Procedure · Source page ١٣٠
  4. Principle 59Service of documents in criminal matters. How effected. - Summoning the accused to appear. Its procedures. Delivery of a copy of the notice to the Public Prosecution. An exception. Resort thereto when the domicile of theCriminal Procedure · Source page ١٣٠
  5. Principle 60The methods to be followed in serving documents in criminal matters, including the summons to appear. What they are. Example. - The absence from the papers of an expression by the appellant of his wish to designate his lCriminal Procedure · Source page ١٣١
  6. Principle 61Service on the appellant of notice to attend the hearing scheduled for consideration of his appeal at the address he supplied in the investigations. The objection that service was effected at an address other than his doCriminal Procedure · Source page ١٣١
  7. Principle 63Particulars required in the service document. Their nature. The full name of the person to be served, his profession or occupation, domicile and place of work. Lack of knowledge of his domicile or place of work at the tiCriminal Procedure · Source page ١٣١
  8. Principle 64The service report is an official instrument. What is recorded therein. Has full probative force. Proving anything contrary to what occurred therein. The means thereof. A challenge alleging forgery.Criminal Procedure · Source page ١٣٢
  9. Principle 65The Registry of the Court of Appeal serving the appellant and the other parties with notice of the hearing scheduled to hear the appeal, and the court ascertaining that the accused has been validly served to attend that Criminal Procedure · Source page ١٣٢
  10. Principle 66Deeming the opposition never to have existed on the basis of the accused’s failure to appear despite service upon him, while the service document does not specify the capacity of the person who signed it acknowledging reCriminal Procedure · Source page ١٣٢
  11. Principle 67The hearing scheduled to consider the appeal. The court registry must notify the appellant and the other litigants thereof, and the court must ascertain that notice was duly served on the appellant personally or on one oCriminal Procedure · Source page ١٣٢
  12. Principle 68The principle in service is that it must come to the certain knowledge of the person summoned to appear. The exception. Constructive receipt suffices. Article 18/Criminal Procedures. - Proving anything contrary to the paCriminal Procedure · Source page ١٣٣
  13. Principle 69Appeal by cassation. Begins from the date the judgment is pronounced. Its condition. The convicted person must know of the hearing at which the judgment was issued, and his failure to attend must be attributable to an unCriminal Procedure · Source page ١٣٣
  14. Principle 70Adjudicating the criminal action in the accused's absence. The court must ascertain that he has been validly served with notice to attend the hearing set for his trial. Otherwise, his trial must be adjourned to a subsequCriminal Procedure · Source page ١٣٣
  15. Principle 71A judgment issued in the absence of the person against whom it was rendered. The general rule is that the time limit for a cassation appeal begins on the date it is pronounced. Its condition. Knowledge of the judgment heCriminal Procedure · Source page ١٣٣
  16. Principle 72The registry of the appellate court must notify the accused and the other litigants of the date of the hearing - 133 - Criminal Procedure and Trials scheduled to consider the appeal. Article 203, Criminal Procedure. - ThCriminal Procedure · Source page ١٣٣
  17. Principle 73The absence from the Code of Criminal Procedure and Trials of a provision specifying the method of serving documents on prisoners. Article 10 of the Code of Civil Procedure must be applied, which requires copies of the nCriminal Procedure · Source page ١٣٤
  18. Principle 74The rule is that notice must certainly come to the knowledge of the person summoned to appear. The legislature's acceptance, in some cases, of constructive receipt. - Non-delivery of a copy of the notice personally to thCriminal Procedure · Source page ١٣٤
  19. Principle 75Adjudication of the action in absentia and without service. Does not in itself detract from the reasonable grounds for acquittal stated in the judgment or alter the soundness of its reasoning. The challenge to it in thisCriminal Procedure · Source page ١٣٤
  20. Principle 76Failure to register the cassation appeal and deposit the grounds within the time limit prescribed by law. Its effect: the appeal is inadmissible in form. This is not affected by the appellant’s assertion that he did not Criminal Procedure · Source page ١٣٤
  21. Principle 77The appellate court's Registry must serve the accused and the other parties with notice of the hearing scheduled for the appeal and ascertain, before the court determines the action in the accused's absence, that he has Criminal Procedure · Source page ١٣٥
  22. Principle 78The methods to be followed in serving documents in criminal matters. Their nature. An example of legally valid service upon the appellant.Criminal Procedure · Source page ١٣٥
  23. Principle 79Articles 16, 17, 18, 19, 20 of the Criminal Procedure and Trials Law prescribe the methods to be followed in serving documents in criminal matters, including the summons to attend the trial hearing. - The accused must beCriminal Procedure · Source page ١٣٥
  24. Principle 80- The appellant's exceeding the time limit for appealing and depositing its grounds. Its necessary consequence: a ruling that the appeal is inadmissible in form. What does not alter this. - Lawful service on the appellanCriminal Procedure · Source page ١٣٥

  25. التحقيق

    Principle 83A search conducted or authorized by the Public Prosecution. Conditions for its validity. - Assessment of the seriousness of inquiries and their sufficiency for issuing a search authorization. Within the authority of the Criminal Procedure · Source page ١٣٧
  26. Principle 84The contention that the investigator did not go to inspect the crime scene and did not question the remaining prisoners included in the inquiry report. A criticism of the pretrial procedures. Cannot constitute a ground fCriminal Procedure · Source page ١٣٧

  27. بوجه عام

    Principle 85Receiving reports of all offences, examining them, collecting information relating to them and recording it in an inquiry report. Among the duties imposed on police officers. While drawing up the inquiry report, they mayCriminal Procedure · Source page ١٣٧
  28. Principle 86Assessment of the diligence of inquiries and their sufficiency for issuing authorisation to search. A matter of fact, provided it is sound. Disputing this before the Court of Cassation. Impermissible.Criminal Procedure · Source page ١٣٨
  29. Principle 87A police officer’s taking any measure to detect offences. Valid. Provided that he did not intervene in creating the offence. Example.Criminal Procedure · Source page ١٣٨
  30. Principle 88The police officer. His task is to detect offences and identify their perpetrator – Every measure he takes to that end. Valid so long as he does not intervene in creating the offence or inciting it.Criminal Procedure · Source page ١٣٨
  31. Principle 89A search authorised by the Public Prosecution. The criterion for its validity. - A police officer spending a long time gathering inquiries is not necessary for them to be regarded as serious. Assessment of this seriousneCriminal Procedure · Source page ١٣٨
  32. Principle 91Assessment of the existence and seriousness of the sufficiency of the inquiries necessary for issuing a search warrant. Belongs to the investigating authority under the supervision of the court of fact.Criminal Procedure · Source page ١٣٩
  33. Principle 92Conducting inquiries to detect crime. Among the duties imposed on a police officer. The effect thereof. Every measure he undertakes for this purpose is deemed valid, even if he resorts to disguise and the assumption of fCriminal Procedure · Source page ١٣٩
  34. Principle 93Assessment of the seriousness of investigations and their sufficiency for issuing a search warrant. A matter for the trial court. - An error in the name of the person authorized to be searched. Of no effect. The reason fCriminal Procedure · Source page ١٣٩
  35. Principle 94Police inquiries alone cannot constitute circumstantial evidence or primary evidence establishing the charge. Example concerning inquiries into the importation of alcoholic beverages.Criminal Procedure · Source page ١٣٩
  36. Principle 95A police officer's duty upon learning of the occurrence of an offence. Proceeding to its scene, hearing the statements of those reporting it, summoning and hearing witnesses, conducting inquiries and what the accused staCriminal Procedure · Source page ١٣٩
  37. Principle 96The correct three-part name appearing in the inquiry report. The error in the search warrant copied from it. A clerical error that does not entail its nullity.Criminal Procedure · Source page ١٣٩
  38. Principle 97Inquiries being set out in a written report. Not necessary for their validity. - 139 - Criminal Procedures and TrialsCriminal Procedure · Source page ١٣٩
  39. Principle 98The judgment’s reliance on the statements of the officer involved in the incident and his inquiries. A challenge to the judgment for failing to refer to those inquiries is unfounded.Criminal Procedure · Source page ١٤٠
  40. Principle 99Inferring the intent to trade in the offence of possessing liquor with intent to trade. A matter of fact. Condition thereof. The smallness or largeness of the quantity of liquor is immaterial. - The trial court's right tCriminal Procedure · Source page ١٤٠
  41. Principle 100The court’s right to sever the inquiries and rely upon them against one accused but not another. No contradiction.Criminal Procedure · Source page ١٤٠
  42. Principle 101Assessment of the seriousness of the inquiries and their sufficiency for issuing a search warrant. Is for the investigating authority. Under the supervision of the trial court. - Assessment of the indications permitting Criminal Procedure · Source page ١٤٠
  43. Principle 102Stopping a person to inquire into identity particulars. A procedure necessary for the inquiries conducted by a police officer. Taking the person to the police station. Its condition. The existence of indications of the cCriminal Procedure · Source page ١٤٠
  44. Principle 103The court’s being satisfied with the evidence of guilt and relying on it in convicting. The absence of inquiries indicating the appellant’s activity in importing or consuming narcotic substances does not detract from thiCriminal Procedure · Source page ١٤٠
  45. Principle 104Assessment of the seriousness of the inquiries and their sufficiency for issuing a search warrant. A matter of fact. - An error in the name, occupation or place of residence of the person authorised to be searched. Does Criminal Procedure · Source page ١٤٠
  46. Principle 105The judgment recording in its reasons that the officer's inquiries, on the basis of which the arrest and search warrant was issued, indicated to him that the appellant possessed a narcotic for the purposes of traffickingCriminal Procedure · Source page ١٤١
  47. Principle 106The police officer personally conducting the inquiries necessary for issuance of the search warrant. Not necessary. He may seek the assistance of others in doing so. - Assessment of the seriousness and sufficiency of theCriminal Procedure · Source page ١٤١
  48. Principle 107Inquiry procedures upon which a search and arrest warrant is based. The law does not require a particular form or special format in which its particulars are recorded. It is sufficient that the report contain particularsCriminal Procedure · Source page ١٤١
  49. Principle 109Receiving reports and conducting the necessary inquiries into them. Among the duties of police officers. They may hear the accused and those possessing information. An example.Criminal Procedure · Source page ١٤١
  50. Principle 110Receiving a report of an offence, examining it, gathering information about it and notifying the Public Prosecution thereof. Among the duties imposed on a police officer. His proceeding to the scene of the incident, seizCriminal Procedure · Source page ١٤١
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