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. ضوابط عامة في التسبيب

    Principle 1168Omission of the appellant's name from the preamble of the appellate judgment. Does not invalidate it so long as its body supplies it. The reason for this: the judgment, in its various parts, is considered a mutually compCriminal Procedure · Source page ٣٧٤
  2. Principle 1169The trial court is not obliged to pursue the accused in every particular of his defence. Its satisfaction with the evidence upon which it relied means that it disregarded the considerations advanced by the defence to indCriminal Procedure · Source page ٣٧٥
  3. Principle 1170Assessment of the evidence in respect of each accused. A matter for the trial court. The court may have confidence in it in respect of one accused and lack confidence in the same evidence in respect of another accused.Criminal Procedure · Source page ٣٧٥
  4. Principle 1171The judgment's silence in response to a manifestly invalid legal defense. Does not render it defective. - Challenging the court for responding to a defense not indicated to it. Inadmissible.Criminal Procedure · Source page ٣٧٥
  5. Principle 1172The judgment's grouping of several accused when adducing proof that the charge is established. Does not vitiate it. The rationale thereof.Criminal Procedure · Source page ٣٧٥
  6. Principle 1173The judgment's setting out, in a sufficient statement, the evidence of conviction on which the court relied. No deficiency.Criminal Procedure · Source page ٣٧٥
  7. Principle 1174What matters in criminal trials. The judge's conviction based on the evidence presented to him. He may take from any structure or circumstantial indication with which he is satisfied evidence for his judgment. Unless theCriminal Procedure · Source page ٣٧٥
  8. Principle 1176Correspondence of the import of oral evidence with the substance of technical evidence in every detail. Not necessary. It suffices that the 2 forms of evidence are not contradictory in a manner that defies accommodation Criminal Procedure · Source page ٣٧٦
  9. Principle 1177The challenged judgment's stating the incident in the form of which the court was convinced, establishing all the legal elements of the crime of which it convicted the appellant, and his not disputing that it has its proCriminal Procedure · Source page ٣٧٦
  10. Principle 1178The court's confidence in the evidence of guilt on which it relied. Its implication: its rejection of all the considerations advanced by the defense to induce it to adopt them, without being obliged to state the reason tCriminal Procedure · Source page ٣٧٦
  11. Principle 1179The court is not obliged to specify the location of the evidence in the case papers, so long as it has a basis therein. Challenging the judgment for erroneous attribution. Without basis.Criminal Procedure · Source page ٣٧٦
  12. Principle 1180An error in attribution. It does not vitiate the judgment unless it concerns evidence affecting the court's conviction, and it has no effect on its reasoning or the conclusion it reached.Criminal Procedure · Source page ٣٧٦
  13. Principle 1181The court is not obliged to discuss in its judgment anything other than evidence having an effect on the formation of its conviction. The limit thereof. - 376 - Criminal Procedures and TrialsCriminal Procedure · Source page ٣٧٦
  14. Principle 1182The court of merits may form its conviction from the evidence and elements of the case in which it has confidence. It may take any evidence or circumstantial indication it finds reassuring as evidence for its judgment. ICriminal Procedure · Source page ٣٧٧
  15. Principle 1183The judgment's inclusion of an erroneous legal proposition in some of its reasons. It does not vitiate it. So long as it reached a result consistent with the correct legal application to the facts presented in the case.Criminal Procedure · Source page ٣٧٧
  16. Principle 1184Deducing the correct account of the incident in the case from witness statements and all other elements presented in the case. A matter for the court of merits. Provided it is reasonable.Criminal Procedure · Source page ٣٧٧
  17. Principle 1187The validity of the court's reliance on the evidentiary elements contained in the preliminary investigations.Criminal Procedure · Source page ٣٧٧
  18. Principle 1188The part in which the judge's conviction appears is the statement relied upon in the judgment.Criminal Procedure · Source page ٣٧٧
  19. Principle 1189For a judgment to be sound, the evidence on which the court relies need not be explicit and direct. It suffices that it derive the correct picture of the incident by inference and induction.Criminal Procedure · Source page ٣٧٧
  20. Principle 1190Evidence establishing the event. Need not be explicit. It suffices that proof be derived by - 377 - Criminal Procedures and Trials way of inference.Criminal Procedure · Source page ٣٧٧
  21. Principle 1191Failure to hear a witness who could not be located. No defect. Reliance on his statements in the previous investigations.Criminal Procedure · Source page ٣٧٨
  22. Principle 1192The judgment’s formulation of the incident warranting punishment. The law has prescribed no particular form for it.Criminal Procedure · Source page ٣٧٨
  23. Principle 1193Specifying the date of the incident in the judgment. It is of no importance so long as the limitation period extinguishing the action has not elapsed. The effect thereof.Criminal Procedure · Source page ٣٧٨
  24. Principle 1194The place where the offense occurred. To state it in the judgment, it suffices to mention the name of the police station in which it occurred.Criminal Procedure · Source page ٣٧٨
  25. Principle 1199Legally sufficient reasoning of judgments. What is meant by it. - 378 - Criminal Procedures and TrialsCriminal Procedure · Source page ٣٧٨
  26. Principle 1201The court's satisfaction as to the truth of an accused's statements against other accused persons and its lack of satisfaction as to the truth of his statements against himself, which he retracted. No defect. There is noCriminal Procedure · Source page ٣٧٩
  27. Principle 1202The investigator's signature on the investigation record to attest to its contents. The investigation clerk's failure to sign. Does not affect its validity. The defence relating thereto is manifestly invalid. The judgmenCriminal Procedure · Source page ٣٧٩
  28. Principle 1203Failure to respond to the exculpatory circumstantial indications advanced by the appellant. Does not render the judgment defective so long as the response to them is implicit in the conviction.Criminal Procedure · Source page ٣٧٩
  29. Principle 1204Obedience to one's father does not extend to committing crimes and does not rise to the level of coercion that extinguishes criminal responsibility. - The trial court is not obliged to respond to a manifestly invalid defCriminal Procedure · Source page ٣٧٩
  30. Principle 1205Accepting witnesses' statements even if they differ from one another. Within the authority of the court of merits, so long as it bases the conviction in its judgment on grounds containing no contradiction.Criminal Procedure · Source page ٣٧٩
  31. Principle 1207The trial court may sever the accused's admission. The admission need not cover the offence in all its elements. It is sufficient that it concern facts from which the court infers proof of his commission of the offence. Criminal Procedure · Source page ٣٧٩
  32. Principle 1208What matters in criminal trials is the judge’s conviction based on the evidence presented to him. - Evidence need not be explicit and indicative, in itself, of the fact sought to be proved.Criminal Procedure · Source page ٣٨٠
  33. Principle 1209The request that the court is obliged to grant. Its nature: it is the unequivocal request upon which its maker insists and which he never ceases to maintain and insist upon. An example.Criminal Procedure · Source page ٣٨٠
  34. Principle 1210Criminal judgments. They must be founded on conclusiveness and certainty, not doubt and conjecture.Criminal Procedure · Source page ٣٨٠
  35. Principle 1211The court must discuss in its judgment the evidence affecting the formation of its conviction, to the exclusion of other evidence. Challenging it for failing to refer to evidence on which it did not rely and failing to sCriminal Procedure · Source page ٣٨٠
  36. Principle 1212It suffices for the judgment to set out the evidence it found valid establishing the offence. Its pursuing the accused in every particular of his defence. Not necessary. Its disregarding those particulars. Meaning: theirCriminal Procedure · Source page ٣٨٠
  37. Principle 1213The judgment must not leave obscure the evidence of guilt on which it bases its conviction. Merely referring to it. Insufficient. The rationale thereof. Contravention thereof: a deficiency invalidating it and requiring iCriminal Procedure · Source page ٣٨٠
  38. Principle 1214The evidence on which the court relies in forming its conviction need not concern seeing the incident sought to be proved. It suffices to infer its establishment from the totality of the elements presented to the court. Criminal Procedure · Source page ٣٨١
  39. Principle 1215Offenses for which the law requires specific criminal intent. Reliance on legal considerations and presumptions is insufficient to establish it. The court must ascertain its existence from the case papers.Criminal Procedure · Source page ٣٨١

  40. تسبيب غير معيب

    Principle 1216A conviction judgment must include a statement of the act warranting punishment, the circumstances in which it occurred, and the evidence from which the court inferred proof of its occurrence. The reason for this. - PartCriminal Procedure · Source page ٣٨١
  41. Principle 1218The court is not obliged to pursue the appellants' defence in every particular it raises. The response is implicit in the conviction. - Weighing and assessing witness statements. A matter for the trial court. - AcceptingCriminal Procedure · Source page ٣٨١
  42. Principle 1220Validity of the judgment's grouping of several accused when adducing proof, owing to the unity of the incident attributed to them. Neither deficiency nor over-generality.Criminal Procedure · Source page ٣٨٢
  43. Principle 1221The judgment's failure to respond to the accused's documents and defense casting doubt on the evidence does not render it defective. The reason therefor.Criminal Procedure · Source page ٣٨٢
  44. Principle 1222The accused's having physical custody of the narcotic in the offence of possessing it. Not necessary for the material element to be established. It is sufficient that his control extend over it. Discussing this element sCriminal Procedure · Source page ٣٨٢
  45. Principle 1223The judgment’s discussion of each element of the offence of forgery separately. Unnecessary so long as it has stated what indicates it. Failure to respond separately to the plea that the forgery is obvious. Does not vitiCriminal Procedure · Source page ٣٨٢
  46. Principle 1224The judgment need not discuss the element of violence in theft, so long as its contents disclose its existence.Criminal Procedure · Source page ٣٨٢
  47. Principle 1225It is not necessary to cite the legal provisions on which the judgment relied in rejecting the plea of invalidity of the arrest and search. - 382 - Criminal Procedure and TrialsCriminal Procedure · Source page ٣٨٢
  48. Principle 1226Describing the accused's statements as a confession. Does not vitiate the judgment, so long as it did not base the appellant's conviction and the confession on it alone.Criminal Procedure · Source page
  49. Principle 1227Criminal intent in the offence of forgery of an official document. When it is established. Express discussion of this element. Not necessary.Criminal Procedure · Source page
  50. Principle 1228The judgment's failure to set out the contents of an inspection report. Does not vitiate it so long as it did not rely on it for conviction.Criminal Procedure · Source page
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