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. - شرعية الجرائم والعقوبات والحريات

    Principle 1112The legislature’s statement of the material element, criminal intent and prescribed penalty for the offence of broadcasting false news and statements in a clear and unequivocal manner, without ambiguity or departure fromCriminal Procedure · Source page ٣٦٢
  2. Principle 1113The principle of legality of crimes and punishment. Article 32 of the Constitution. - Matters prohibited from being broadcast. They are stipulated in Article 11 of Law No. 61 of 2007 concerning Audiovisual Media. - The pCriminal Procedure · Source page ٣٦٢

  3. أولاً: خلو قانون الإجراءات والمحاكمات الجزائية من النص

    Principle 1114There is no crime and no penalty except on the basis of a law, and no punishment except for acts subsequent to the entry into force of the law providing for them. The basis thereof: the principle of legality of crimes anCriminal Procedure · Source page ٣٦٣
  4. Principle 1115Procedures for taking samples or substances from the body of the accused being searched. The absence from the provisions of the Criminal Procedure Law of a provision specifying them. The implication thereof. - A deficienCriminal Procedure · Source page ٣٦٤
  5. Principle 1116The absence from the Criminal Procedure and Trials Law of a provision specifying the method of serving documents on prisoners. The provision of Article Ten of the Civil and Commercial Procedure Law must be applied, whichCriminal Procedure · Source page ٣٦٤
  6. Principle 1117Criminal judgments. Not subject to challenge by a petition for reconsideration. The basis for this. Recourse in this regard to the Civil and Commercial Procedure Law to fill any deficiency in the Criminal Procedure Law. Criminal Procedure · Source page ٣٦٤

  7. ثانياً- قضاة: (الرد وعدم الصلاحية وأثرهما على المداولة وإصدار الأحكام)

    Principle 1118Recourse must be had to the Evidence Law to supplement matters not covered by the Criminal Procedure and Trials Law. Example concerning a witness's taking the oath before the investigator or judge. Second- Judges: (RecusCriminal Procedure · Source page ٣٦٤
  8. Principle 1119Hearing pleadings, deliberating on the judgment, rendering it, and reading it out. The absence of one of the judges from its pronouncement. Its effect. It suffices to establish that the member who did not attend the readCriminal Procedure · Source page ٣٦٤
  9. Principle 1120Recording the names of the judges who rendered the judgment in its preamble. The absence of those judges' names from the hearing record does not render it defective. - The contrary of what is stated in the judgment's preCriminal Procedure · Source page ٣٦٥
  10. Principle 1121Circumstances in which a judge is precluded from participating in hearing and adjudicating a case. Their nature. - Issuance of a judgment by a judge prohibited from determining the case. Its effect: nullity. This pertainCriminal Procedure · Source page ٣٦٥
  11. Principle 1122The appellant's contesting the composition of the court and the prosecution representative at the trial hearing because the Administrative Court issued a judgment annulling the decision appointing the latter to the positCriminal Procedure · Source page ٣٦٥
  12. Principle 1123The phrase concerning the court that issued the judgment and the judges who participated in issuing it. Its meaning. Issuance of the first-instance judgment by a panel different from the panel that heard the pleadings anCriminal Procedure · Source page ٣٦٥
  13. Principle 1124The draft judgment containing its reasons. Must be signed by all judges who heard the pleadings and participated in the deliberations. - The phrase the court that rendered it and the judges who participated in the judgmeCriminal Procedure · Source page ٣٦٥
  14. Principle 1125The judge's having previously issued a dispositive judgment or a conclusive interlocutory judgment in the case, or taken a measure or decision revealing the expression of his opinion or viewpoint on it. Its effect. His dCriminal Procedure · Source page ٣٦٦
  15. Principle 1126A judge's participation in hearing and deciding an action at one level of litigation. Its effect. He must refrain from deciding it again; otherwise, his judgment is void. This nullity relates to public order. Reason therCriminal Procedure · Source page ٣٦٦
  16. Principle 1127The judge's prior expression of an opinion on the dispute presented to him, performance of an act giving him an opinion in the case, or taking of a procedure revealing his viewpoint. Among the grounds of his disqualificaCriminal Procedure · Source page ٣٦٦
  17. Principle 1128An appeal in cassation. Confined to judgments issued by the Court of Appeal in felony matters, excluding judgments issued by another judicial body, even if issued in felony matters. Basis thereof. - An appeal in cassatioCriminal Procedure · Source page ٣٦٦
  18. Principle 1131The judge's prior issuance of a dispositive judgment or an interlocutory judgment in part of the case, or his taking a procedure revealing the expression of his opinion or viewpoint therein. Its effect: his disqualificatCriminal Procedure · Source page ٣٦٧
  19. Principle 1133Criminal judgments. Based on the pleadings made before the court and the oral investigation it conducts itself at the hearing. - Judges other than those who heard the pleadings may not participate in rendering the judgmeCriminal Procedure · Source page ٣٦٨
  20. Principle 1134The Court of Cassation may, of its own motion, and each litigant may, raise grounds relating to public order for the first time before it. - The Public Prosecution's complaint that the challenged judgment is void becauseCriminal Procedure · Source page ٣٦٨

  21. ثالثاً: بيانات الحكم

    Principle 1137The judgment must contain the reasons on which it is based and identify the court that rendered it, the date and place of its issuance, and the judges who participated in the judgment. Contravention thereof. It invalidatCriminal Procedure · Source page ٣٦٩
  22. Principle 1138The court's error in applying the article underlying the charge. Does not invalidate the judgment, so long as it sets out the incident warranting punishment and imposes a punishment that does not exceed the limits of theCriminal Procedure · Source page ٣٦٩
  23. Principle 1139The judgment’s inclusion of a statement of the accused’s presence or absence and his retention of a lawyer or the court’s appointment of someone to undertake his defence. Unnecessary.Criminal Procedure · Source page ٣٦٩
  24. Principle 1140The law has not prescribed a form in which the judgment must formulate its statement of the incident warranting punishment. - 369 - Criminal Procedures and TrialsCriminal Procedure · Source page ٣٦٩
  25. Principle 1141Recording the names of the judges who issued the judgment in its preamble. The absence of those judges' names from the hearing minutes does not vitiate it. - The contrary of what appears in the judgment's preamble concerCriminal Procedure · Source page ٣٧٠
  26. Principle 1143The appellant's name appearing in the preamble to the original copy of the judgment as the first accused in the list of charges, with the same two charges contained in that list attributed to him. No contradiction.Criminal Procedure · Source page ٣٧٠
  27. Principle 1144The requirement to deposit the draft judgment containing its reasons, signed by all members of the panel that issued it. Reason for that. - Deposit of the draft judgment signed by only 2 members of the circuit. Its effecCriminal Procedure · Source page ٣٧٠
  28. Principle 1145A judgment of conviction must include a statement of the incident warranting punishment, the circumstances in which it occurred, and the evidence from which the court inferred that its occurrence was established.Criminal Procedure · Source page ٣٧٠
  29. Principle 1146The challenged judgment's conclusion upholding the first-instance judgment of conviction. Its ruling to refrain from pronouncing punishment in respect of the principal penalty, but not the penalties of a fine and confiscCriminal Procedure · Source page ٣٧٠
  30. Principle 1147Contradiction between the operative part of the judgment and its reasons. Vitiates it with contradiction and mutual inconsistency if attributable to confusion indicating a defect in the judgment's conception. An example Criminal Procedure · Source page ٣٧٠
  31. Principle 1148The judgment's preamble omitting the name of the court that rendered it. The trial hearing minutes containing what indicates its issuance by the Court of Appeal. Its sufficiency as proof of the court's name. The reason tCriminal Procedure · Source page ٣٧١
  32. Principle 1149Every judgment of conviction must contain the legal provision pursuant to which it was rendered. The reason for that. - The judgment's failure to mention the legal provision pursuant to which punishment was imposed on thCriminal Procedure · Source page ٣٧١
  33. Principle 1150A judgment of conviction. Must include the statutory provision pursuant to which it was rendered. Its omission thereof. Invalidates it. Its reference at the outset to the charging provisions whose application the Public Criminal Procedure · Source page ٣٧١
  34. Principle 1151Draft judgment. It must be signed by all judges of the panel who heard the pleadings and participated in deliberation and issuance of the judgment. The reason therefor. Ensuring that the judgment is issued after deliberaCriminal Procedure · Source page ٣٧١
  35. Principle 1152The reasons recorded by the judge in his judgment. They are relied upon only insofar as they clarify and support the operative part. - A judgment subject to appeal in cassation. It must determine the merits and terminateCriminal Procedure · Source page ٣٧١
  36. Principle 1153The appellant’s challenge to the first-instance and appellate judgments for failing to state the statutory provisions under which they convicted him. Establishment that the first-instance judgment stated the statutory prCriminal Procedure · Source page ٣٧٢
  37. Principle 1154A judgment of conviction. Its particulars. - The judgment's failure to ascertain the facts of the case and set out the incriminating evidence. A deficiency not cured by its indication that the first-instance judgment relCriminal Procedure · Source page ٣٧٢
  38. Principle 1155The judgment's setting out in its preamble the charging provisions whose application the Public Prosecution requested, after recounting the incident warranting punishment and the import of the evidence of guilt, and its Criminal Procedure · Source page ٣٧٢
  39. Principle 1156The judgment's reference at its outset to the statutory article under which the Public Prosecution requested punishment of the appellant and, after stating the reasons on which it based its ruling, its conclusion to puniCriminal Procedure · Source page ٣٧٢
  40. Principle 1157The judgment's inclusion in its preamble of the description of the crimes attributed to the appellant and the charging provisions whose application the Public Prosecution requested, after setting out the event warrantingCriminal Procedure · Source page ٣٧٢
  41. Principle 1158The first-instance judgment's reference to the articles underlying the accusation whose application the Public Prosecution requested, and its conclusion imposing punishment on the appellants pursuant to them. The challenCriminal Procedure · Source page ٣٧٣
  42. Principle 1159The judgment's setting out, in a sufficient statement, the substance and import of the evidence on which it convicted the appellant. No deficiency. Challenging it in this regard. Unfounded. An example.Criminal Procedure · Source page ٣٧٣
  43. Principle 1160The judgment's setting out the charging provisions under which the Public Prosecution requested that the appellant be punished, and its declaration that it adopted them and punished him pursuant to them, while applying ACriminal Procedure · Source page ٣٧٣
  44. Principle 1161The judgment's error in stating the date of the incident. Does not vitiate it, so long as it does not relate to the application of the law to the incident and the appellant does not allege that the criminal proceedings hCriminal Procedure · Source page ٣٧٣
  45. Principle 1162The judgment's mention of the charging provisions whose application the Public Prosecution requested and that it punishes the appellants pursuant to them. Satisfies the statement of the provisions of law under which it cCriminal Procedure · Source page ٣٧٣
  46. Principle 1163The first-instance judgment's citation of the charging provisions whose application the Prosecution requested. Its declaration that it adopted them and the challenged judgment's affirmation of that judgment. Sufficiency Criminal Procedure · Source page ٣٧٣
  47. Principle 1164The inclusion in the preambles of the judgment under appeal and the challenged judgment of the description of the offences attributed to the appellant and the charging provisions whose application the Prosecution requestCriminal Procedure · Source page ٣٧٣
  48. Principle 1165The judgment's express statement that the appellant is being punished pursuant to the articles governing the classification and description of the charge set out in the indictment and reproduced in its preamble. SufficesCriminal Procedure · Source page
  49. Principle 1166The appellate judgment's omission to mention the penal provisions it applied. Its affirming, for its reasons, the first-instance judgment, which referred to the charging provisions and set out the provisions under which Criminal Procedure · Source page
  50. Principle 1167An error or deficiency in the judgment's statement of the Public Prosecution's requests in its preamble. It does not render it defective. The reason therefor: this falls outside the scope of its reasoning and is a clericCriminal Procedure · Source page
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