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. تسبيب غير معيب

    Principle 1229Exercising leniency in assessing punishment. The judge is not obliged to state its reason. The reason for this.Criminal Procedure · Source page ٣٨٣
  2. Principle 1230Disregarding exculpatory evidence, even if contained in an official document, is within the trial court's authority. This does not vitiate its judgment.Criminal Procedure · Source page ٣٨٣
  3. Principle 1231The trial court is not obliged to set out from the witnesses' statements anything other than that on which it bases its ruling. It may rely on a witness's statement at any stage of the proceedings whenever it has confideCriminal Procedure · Source page ٣٨٣
  4. Principle 1232Evidence in criminal matters is persuasive. - Assessing evidence, weighing witnesses' statements, accepting them against one accused and rejecting them against another accused. Within the authority of the court of meritsCriminal Procedure · Source page ٣٨٣
  5. Principle 1233An error in attribution does not vitiate the judgment unless it concerns evidence affecting the court's conviction. Its condition. Example concerning bribery. - 383 - Criminal Procedures and TrialsCriminal Procedure · Source page ٣٨٣
  6. Principle 1234What the judgment added by way of digression in its reasons, which it did not need and without which it stands sound, does not vitiate it, whatever view may be taken of it.Criminal Procedure · Source page ٣٨٤
  7. Principle 1235The defence of delay in drawing up the apprehension report and fabrication of the accusation. Among the factual grounds of defence that do not require an express response. The response is inferred implicitly from the conCriminal Procedure · Source page ٣٨٤
  8. Principle 1236Defences aimed at casting doubt on the evidence which the judgment accepted in convicting. Responding to them. Not necessary.Criminal Procedure · Source page ٣٨٤
  9. Principle 1238Refusal of a request to add papers to the record. Does not require an express answer so long as the evidence derived from them does not lead to acquittal or negate the probative force existing in the case. An example.Criminal Procedure · Source page ٣٨٤
  10. Principle 1239Defence on the merits. Answering each part expressly and separately. Unnecessary. It is sufficient that the answer be exhausted implicitly by the conviction. Reliance on the incriminating evidence set out in the judgmentCriminal Procedure · Source page ٣٨٤
  11. Principle 1241A material defence to which the court is obliged to respond. It must be serious, attested to and supported by reality. A defence devoid of evidence and refuted by reality. Disregarding it. No deficiency. Example.Criminal Procedure · Source page ٣٨٤
  12. Principle 1242Failure to respond to a request or defence not presented before the court. Does not vitiate its judgment. - 384 - Criminal Procedures and TrialsCriminal Procedure · Source page ٣٨٤
  13. Principle 1243The judgment's setting out the material evidence it found sound. Sufficient for its ruling to stand. Following the accused through every detail of his defense. Not necessary.Criminal Procedure · Source page ٣٨٥
  14. Principle 1244Following the accused through the various aspects of his substantive defence. Not necessary. Adopting an accused's statements against himself and against others is within the trial court's authority.Criminal Procedure · Source page ٣٨٥
  15. Principle 1246Violation of the procedures for sealing evidence. Does not entail its nullity. - The judgment’s refraining from responding to criticism of the procedures for sealing evidence does not detract from its soundness.Criminal Procedure · Source page ٣٨٥
  16. Principle 1247Deciding to refrain from pronouncing punishment. Discretionary for the court. Failure to respond to a request for it. Does not vitiate the judgment.Criminal Procedure · Source page ٣٨٥
  17. Principle 1248An unsupported defense devoid of evidence. The court's disregarding it and neither mentioning it nor addressing it in response. No defect. Example.Criminal Procedure · Source page ٣٨٥
  18. Principle 1249The court's acceptance of a witness's statements. Its implication. Its rejection of the arguments advanced by the defence to induce it not to accept them, and it is not obliged to state why it found them credible.Criminal Procedure · Source page ٣٨٥
  19. Principle 1250The trial court's conviction that the offence is established. It may derive it from any evidence. Condition thereof. - Weighing witnesses' statements. A matter of fact. - The plea that the accusation is malicious. A subsCriminal Procedure · Source page ٣٨٥
  20. Principle 1252The impossibility of investigating certain aspects of the defence. Does not preclude conviction if the inculpatory evidence is sufficient.Criminal Procedure · Source page ٣٨٦
  21. Principle 1254The judgment's express and separate discussion of criminal intent. Not necessary. It suffices that the facts and circumstances set out in the judgment are sufficient to indicate its existence.Criminal Procedure · Source page ٣٨٦
  22. Principle 1255The trial court may form its conviction from the evidence and elements of the case. Its confidence in them implies its rejection of what had previously been advanced to induce it not to adopt them, without being obliged Criminal Procedure · Source page ٣٨٦
  23. Principle 1257The request that the court of merits is obliged to grant. Its nature. It is the unequivocal request upon which its proponent insists in his final requests. - 386 - Criminal Procedure and TrialsCriminal Procedure · Source page ٣٨٦
  24. Principle 1259Factual defence. The court is not obliged to address each aspect of it once satisfied with the evidence on which it relied. The reason for that.Criminal Procedure · Source page ٣٨٧
  25. Principle 1261It suffices for the court to base its judgment on what it discerns from the elements of the case before it by deduction and induction, and the evidence need not be explicit and direct.Criminal Procedure · Source page ٣٨٧
  26. Principle 1262Invalidity of procedures based on the non-existence of a litigant or the validity of his representation in the case. Does not concern public policy. - Where a judgment is based on two grounds, each independent of the othCriminal Procedure · Source page ٣٨٧
  27. Principle 1263Issuance of a judgment against an accused concerning the same incident. The judge is not bound by it when trying another accused, even if a contradiction results between his judgment and the previous judgment.Criminal Procedure · Source page ٣٨٧
  28. Principle 1264A defence not raised before the court. A challenge based on its failure to recount it. Inadmissible. - The court's failure to undertake a procedure not requested of it. Inadmissible.Criminal Procedure · Source page ٣٨٧
  29. Principle 1266The judgment's express and separate discussion of the elements of the offence. Not necessary so long as it has set out in its text facts indicating their existence. - 387 - Criminal Procedures and TrialsCriminal Procedure · Source page ٣٨٧
  30. Principle 1267Omitting to respond to the appellant's request to add the police occurrence book to the case file. Does not render the judgment defective. The reason therefor.Criminal Procedure · Source page ٣٨٨
  31. Principle 1268Disregarding exculpatory evidence, even if contained in an official document. Within the trial court's authority. Example.Criminal Procedure · Source page ٣٨٨
  32. Principle 1272The trial court is not obliged to investigate grounds for exempting the accused from punishment in its judgment unless such a plea is raised before it.Criminal Procedure · Source page ٣٨٨
  33. Principle 1273The challenge to the judgment on the ground that it did not apply the provision of Article 84 of the Penal Code. Inadmissible where it is established that the judgment applied the provision of that Article.Criminal Procedure · Source page ٣٨٨
  34. Principle 1274The element of coercion in the offence of sexual intercourse is established whenever the act constituting it occurred without the female victim’s consent. - Instituting criminal proceedings against the female victim. DoeCriminal Procedure · Source page ٣٨٨
  35. Principle 1275The unequivocal request which the court of merits is obliged to grant. Its nature. An example of what is not considered an unequivocal request. - 388 - Criminal Procedures and TrialsCriminal Procedure · Source page ٣٨٨
  36. Principle 1277Imposition of the penalty of deportation from the country is contingent upon execution of the principal penalty not being suspended. Example of a judgment that did not order deportation because execution of the principalCriminal Procedure · Source page ٣٨٩
  37. Principle 1278The judgment’s mere establishment of the accused’s possession of prohibited goods. Establishes the offence of customs smuggling.Criminal Procedure · Source page ٣٨٩
  38. Principle 1279The appellant's challenge that the confession of one of the accused resulted from coercion. Inadmissible where the judgment did not rely on that confession in its ruling. An example.Criminal Procedure · Source page ٣٨٩
  39. Principle 1280Contradictions in witnesses' statements. They do not render the judgment defective so long as the court has deduced the truth without contradiction.Criminal Procedure · Source page ٣٨٩
  40. Principle 1282The appellant's challenge to what the judgment stated concerning the existence of flagrante delicto. Unavailing where what it stated was no more than a superfluous addition having no effect on the result it reached.Criminal Procedure · Source page ٣٨٩
  41. Principle 1283The possessor's knowledge of the nature of the narcotic substance, unaccompanied by any specific intent. This is the general intent required by law for possession of narcotics. The judgment need not discuss this intent sCriminal Procedure · Source page ٣٨٩
  42. Principle 1284The acquittal judgment's failure to set out separate reasons for dismissing the compensation claim. No defect, where that judgment was based on failure to establish the occurrence of the act constituting the offence. - 3Criminal Procedure · Source page ٣٨٩
  43. Principle 1285Where judgment is rendered dismissing the civil action, it is not necessary to refer to the appellant's capacity as civil claimant and the damage he sustained. Example.Criminal Procedure · Source page ٣٩٠
  44. Principle 1286The judgment's superfluous discussion of matters it did not need and without which its ruling stands. Does not render it defective. Example. - A challenge directed at no actual subject. Negates the allegation of contradiCriminal Procedure · Source page ٣٩٠
  45. Principle 1287Defenses on the merits. Do not require an express response from the court. The condition thereof.Criminal Procedure · Source page ٣٩٠
  46. Principle 1288The judgment's setting out the substance of the evidence upon which it based its ruling and the manner of its reliance thereon. A contention to the contrary. Incorrect.Criminal Procedure · Source page ٣٩٠
  47. Principle 1289Assessment of the accused's mental condition is within the trial court's authority so long as it is reasonable. It is not obliged to resort to experts except in purely technical matters. Example of reasonable reasoning fCriminal Procedure · Source page ٣٩٠
  48. Principle 1290The accused’s claim that he was unaware of the narcotics’ presence on the farm, his failure to deny their seizure therein, and his acknowledgment before the Prosecution that it occurred. The challenge alleging nullity ofCriminal Procedure · Source page
  49. Principle 1291Criminal intent in the offence of possession of narcotics for consumption. The criterion for its establishment. The judgment need not discuss this intent separately. What suffices for that.Criminal Procedure · Source page
  50. Principle 1292The judgment's inclusion of erroneous legal statements concerning its restriction of the determination of matters of connection to the Ministers' Court. It does not affect its soundness so long as the conclusion it reachCriminal Procedure · Source page
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