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 1293The judgment's statement of the substance of the evidence sufficiently to indicate the basis for citing it precludes a complaint that it is obscure and ambiguous.Criminal Procedure · Source page ٣٩١
  2. Principle 1294The judgment's non-reliance on the urine sample analysis. Challenging that report. Has no basis. - The court is obliged to discuss in its judgment only the evidence affecting the formation of its conviction.Criminal Procedure · Source page ٣٩١
  3. Principle 1295The victim may pardon the accused or reach a settlement with him for money before or after the issuance of judgment. The offences in which he may do so. Art. 240 of the Criminal Procedure and Trials Law. - The absence ofCriminal Procedure · Source page ٣٩١
  4. Principle 1296The court's refraining from investigating a matter unrelated to the subject matter of the case. Entails no infringement of the right of defence. Example.Criminal Procedure · Source page ٣٩١
  5. Principle 1297In offences requiring a sentence of imprisonment, the court may decide to refrain from pronouncing punishment where certain circumstances exist; this is discretionary. Its imposition of punishment. Meaning thereof. It waCriminal Procedure · Source page ٣٩١
  6. Principle 1298An error of attribution in the judgment that does not affect its operative part. Does not vitiate it. Challenging it in this respect. Is futile. The reason for this. Example.Criminal Procedure · Source page ٣٩١
  7. Principle 1301The judgment's rejection of police inquiries when negating the charge of drug use and its reliance on them regarding the existence of intent to traffic. Does not constitute a contradiction. Reason therefor. Dividing the Criminal Procedure · Source page ٣٩٢
  8. Principle 1302Challenging evidence that the judgment did not take as a basis for its ruling. It is directed at no relevant subject. Example.Criminal Procedure · Source page ٣٩٢
  9. Principle 1303Assessment of the existence of the element of deception in the offence of kidnapping. A matter for the court of merits. - The judgment’s discussion of the element of deception separately. Unnecessary.Criminal Procedure · Source page ٣٩٢
  10. Principle 1304A challenge to evidence that the judgment did not adopt as a basis for its ruling. It is without an object. An example.Criminal Procedure · Source page ٣٩٢
  11. Principle 1305The motive for an offence is not an element thereof. - The judgment's failure to state the motive, error concerning it, basing it on conjecture, or omission of it altogether. Does not vitiate it.Criminal Procedure · Source page ٣٩٢
  12. Principle 1306A request directed neither at negating the act constituting the crime nor at the impossibility of its occurrence as recounted by the witnesses is considered a defence on the merits which the court is not obliged to grantCriminal Procedure · Source page ٣٩٢
  13. Principle 1307An expert report does not constitute proof attributing the charge to the accused, but may serve as evidence supported by other evidence. - The appellant's challenge to the forensic evidence report for containing nothing Criminal Procedure · Source page ٣٩٢
  14. Principle 1308The court's confidence in the statements of the victim and the other prosecution witnesses. Is not undermined by the existence of a medical certificate establishing illness predating the incident. - 392 - Criminal ProcedCriminal Procedure · Source page ٣٩٢
  15. Principle 1309The judgment's reference at its outset to the charging provisions whose application the Public Prosecution requested, followed by its conclusion imposing punishment on the accused under those provisions. Sufficient as a Criminal Procedure · Source page ٣٩٣
  16. Principle 1311Failure to confront the appellant with the charge attributed to him during the Public Prosecution's investigations has no effect on the soundness of the judgment. The reason for this. Challenging procedures preceding triCriminal Procedure · Source page ٣٩٣
  17. Principle 1312The judgment's departure from what is established in the documents. When it does not vitiate it. An error that does not affect its reasoning or the conclusion it reached. An example of an immaterial error.Criminal Procedure · Source page ٣٩٣
  18. Principle 1313Upholding the first-instance judgment in some of its rulings and setting it aside in some of what it adjudicated. Does not constitute a contradiction.Criminal Procedure · Source page ٣٩٣
  19. Principle 1314An error in identifying the location of evidence in the case papers. Does not render the judgment defective. The condition therefor.Criminal Procedure · Source page ٣٩٣
  20. Principle 1315The judgment's establishment that the stolen (cycle) was secured with an iron chain and a lock and that the theft occurred by breaking this safeguard adopted for it. Sufficient to establish the aggravating circumstance. Criminal Procedure · Source page ٣٩٣
  21. Principle 1316The court is not obliged to discuss in its judgment anything other than evidence affecting the formation of its conviction. The judgment’s non-reliance in its ruling on the accused’s representative’s admission of his posCriminal Procedure · Source page ٣٩٣
  22. Principle 1318The judgment's not repeating its account of the statements of the officer involved in the incident. It does not vitiate it so long as it set them out in detail when recounting the facts of the case.Criminal Procedure · Source page ٣٩٤
  23. Principle 1319An error in attribution that does not render the judgment defective. Its condition: it must not concern evidence that affects the court's conviction. Example.Criminal Procedure · Source page ٣٩٤
  24. Principle 1320The court is not obliged to give reasons for decisions it takes in preparing the case, collecting evidence and investigating the litigants' defences. Its condition. An example.Criminal Procedure · Source page ٣٩٤
  25. Principle 1324An error of attribution in the judgment that does not affect its reasoning. Does not render it defective. A challenge in this respect. Ineffectual. Example. - 394 - Criminal Procedures and TrialsCriminal Procedure · Source page ٣٩٤
  26. Principle 1325Superfluous statements in the judgment that have no effect on its reasoning or the result it reached. They do not impair its soundness. Challenging one of its supporting grounds. Ineffectual. Example.Criminal Procedure · Source page ٣٩٥
  27. Principle 1326Assessment of the evidence in relation to each accused. Within the competence of the court of merits. Its full confidence in that evidence in relation to one accused and its lack of confidence in the same evidence in relCriminal Procedure · Source page ٣٩٥
  28. Principle 1327The general rule is that the act requested of the official must fall within his official duties pursuant to legal competence or administrative assignment. It suffices that he has a share in the work and that a relationshCriminal Procedure · Source page ٣٩٥
  29. Principle 1328Superfluous statements which the judgment did not need and without which its ruling remains valid. Do not vitiate it. A complaint in this regard. Inadmissible. Example.Criminal Procedure · Source page ٣٩٥
  30. Principle 1329For a judgment's demonstration to be complete and its adjudication sound, it suffices to set out the probative evidence it found valid in support of its conclusion that the crime occurred. Following the accused through tCriminal Procedure · Source page ٣٩٥
  31. Principle 1330The attempt by the appellant and the other convicted person to flee in the car he was driving as soon as he saw the two police officers. Justification for stopping them. The plea that the stop was invalid. Manifestly invCriminal Procedure · Source page ٣٩٥
  32. Principle 1331The judgment's rejection of the appellant's plea of the invalidity of his arrest, based on its confidence in the statements of the two prosecution - 395 - Criminal Procedures and Trials witnesses that they arrested him aCriminal Procedure · Source page ٣٩٥
  33. Principle 1333Superfluous statements in a judgment concerning matters having no effect on the correct conclusion reached in its ruling. Do not vitiate it. Example.Criminal Procedure · Source page ٣٩٦
  34. Principle 1334The judgment's adoption of probabilistic evidence. It does not undermine it so long as it based the conviction on certainty.Criminal Procedure · Source page ٣٩٦
  35. Principle 1335The judgment’s failure to discuss the elements of the offence expressly and separately. Does not detract from it so long as it has set out in its text facts indicating their existence.Criminal Procedure · Source page ٣٩٦
  36. Principle 1336The judgment's not basing its conviction of the appellants on police inquiries. The challenge thereto for defective inference on account of reliance on them. Inadmissible. The reason for that.Criminal Procedure · Source page ٣٩٦
  37. Principle 1337Assessment of the evidence in respect of each accused. Within the competence of the trial court. No fault attaches to it if it places full confidence in it in respect of one accused but is not satisfied with the same eviCriminal Procedure · Source page ٣٩٦
  38. Principle 1338The judgment's rejection of the appellant's defence that he was acting in lawful self-defence because it was established to the court - 396 - Criminal Procedures and Trials that no danger threatened him so as to permit hCriminal Procedure · Source page ٣٩٦
  39. Principle 1339A person's contribution to an offence by one of the acts constituting it suffices for him to be regarded as a principal perpetrator therein. Example of sound reasoning for regarding the appellant as a principal perpetratCriminal Procedure · Source page ٣٩٧
  40. Principle 1340The judgment's establishing against the appellant that he requested and accepted sums to perform an act he claimed to be among his official duties. Establishes against him the offense of requesting and taking a bribe. ExCriminal Procedure · Source page ٣٩٧
  41. Principle 1341The existence of external manifestations that in themselves indicate that the offence has occurred. Sufficient to establish a state of flagrante delicto. - The accused's confession immediately upon arrest implicating anoCriminal Procedure · Source page ٣٩٧
  42. Principle 1344The judgment's express and separate discussion of each element of the offence of forgery. Not necessary. Reason therefor. - A manifestly invalid legal defence. No fault attaches to the judgment if it does not address it.Criminal Procedure · Source page ٣٩٧
  43. Principle 1345The plea that the incident could not have occurred. A substantive plea that does not require an express response from the court. The reason therefor.Criminal Procedure · Source page ٣٩٨
  44. Principle 1346The court's reliance on an account conveyed by one person from another, whenever it is satisfied that it originated from the latter. No impediment. - Contradiction in a witness's statements or their conflict with the othCriminal Procedure · Source page ٣٩٨
  45. Principle 1347The offence of extorting an instrument. For its commission, it is immaterial whether the particulars of the instrument were written before or after coercion to sign it. An example of sound reasoning establishing the elemCriminal Procedure · Source page ٣٩٨
  46. Principle 1348The plea which the court is obliged to address and answer. Its nature. - The appellant's plea before the trial court that he was subjected to coercion by the officer involved in the incident, without explaining what he iCriminal Procedure · Source page ٣٩٨
  47. Principle 1349Assessment of the evidence in respect of each accused. Within the trial court's authority. It may form its conviction according to its assessment of the evidence. Its satisfaction with it in respect of one accused and laCriminal Procedure · Source page ٣٩٨
  48. Principle 1350The offense of kidnapping with intent to have sexual intercourse or induce the practice of prostitution. Criminal intent therein. - 398 - Criminal Procedures and Trials The judgment's discussing it separately. Not necessCriminal Procedure · Source page
  49. Principle 1351A clerical error in a judgment is of no consequence. What matters is the actual position concerning it. A challenge on that ground. Inadmissible. Example.Criminal Procedure · Source page
  50. Principle 1352The court is obliged to discuss in its judgment only the evidence affecting the formation of its conviction. - The objection to the judgment for failing to state the content of the forensic medical report. It being estabCriminal Procedure · Source page
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