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 1353Proof that the appellant initiated striking the victim following a verbal altercation between them and pursued the latter without any danger threatening him. It does not establish a state of lawful self-defence. The appeCriminal Procedure · Source page ٣٩٩
  2. Principle 1354The judge must be entirely free when trying the accused. The purport thereof: he is not bound by anything contained in a judgment rendered concerning another incident involving the same accused. A contradiction between hCriminal Procedure · Source page ٣٩٩
  3. Principle 1355Express and separate discussion in a conviction judgment of each element of the offence of forgery. Unnecessary as long as it sets out facts indicating those elements. An example of sound reasoning for treating the appelCriminal Procedure · Source page ٣٩٩
  4. Principle 1356The court may form its conviction establishing forgery by all means of proof, and may rely on a photo- - 399 - Criminal Procedures and Trials copy as evidence in the case. The rationale therefor. Example. - The trial couCriminal Procedure · Source page ٣٩٩
  5. Principle 1357A bank employee's making a transfer of the forged cheque to the account of one of the accused. The judgment's treatment of the forgery in the cheque as forgery of a bank document. Correct. The judgment's disregard of theCriminal Procedure · Source page ٤٠٠
  6. Principle 1358For imposition of the supplementary penalties provided for in Article 16 of Law 1 of 1993 concerning the Protection of Public Funds, the law did not require that the perpetrator of the offence of appropriation of public Criminal Procedure · Source page ٤٠٠
  7. Principle 1359The appellant's driving the car boarded by the victim, misleading him into believing he would take him to his destination, then locking its doors and diverting it to an isolated area, and another person's threatening theCriminal Procedure · Source page ٤٠٠
  8. Principle 1360Medical reports in themselves do not constitute evidence against the accused. The implication thereof: they are not vitiated if they are not based on certainty. The court's acceptance of probabilistic evidence. PermissibCriminal Procedure · Source page ٤٠٠
  9. Principle 1362Criminal intent in the offence of enabling an arrested person to escape. The criterion for its establishment. The perpetrator's knowledge that the person whom he enabled to escape was under arrest, and his will being dirCriminal Procedure · Source page ٤٠١
  10. Principle 1363Criminal intent in the offence of forgery. The criterion for its existence. An example of sound reasoning in response to the appellant's defence denying the existence of criminal intent on his part in a forgery offence.Criminal Procedure · Source page ٤٠١
  11. Principle 1364The judgment's omission to answer a manifestly invalid legal defence. Does not vitiate it. An example concerning arrest.Criminal Procedure · Source page ٤٠١
  12. Principle 1365The judgment's statement that the victim declared that the appellant threatened him over the telephone with fabricating accusations, whereas the record establishes that he received that threat when he went to him at his Criminal Procedure · Source page ٤٠١
  13. Principle 1366The judgment's failure to disclose the source of the evidence. Does not vitiate it. The reason: its omission to mention it does not extinguish its effect where it has an established basis in the papers. Example.Criminal Procedure · Source page ٤٠١
  14. Principle 1367The judgment's non-reliance on the victims' statements in convicting the appellant of possessing a firearm without a licence. His objection concerning inconsistencies in their statements describing the seized weapon. Is Criminal Procedure · Source page ٤٠١
  15. Principle 1368The judgment's omission to respond to the plea of res judicata does not vitiate it because the incident for which the appellant was previously tried differs from the incident presented. Challenging it in this regard. UnfCriminal Procedure · Source page ٤٠٢
  16. Principle 1369The judgment’s deduction, on reasonable grounds, that the female victim contradicted herself in her statements. The challenge thereto in this regard. Unfounded. Example.Criminal Procedure · Source page ٤٠٢
  17. Principle 1370The court's doubt as to the correctness of attributing the charge to the accused suffices for acquittal and dismissal of the civil action, provided it has comprehensively and insightfully examined the case and its circumCriminal Procedure · Source page ٤٠٢
  18. Principle 1371Expressly claiming influence. Unnecessary. It suffices that the perpetrator's conduct implicitly involves a claim by him. - The perpetrator's claim of influence with a judge and request for money on the basis of this allCriminal Procedure · Source page ٤٠٢
  19. Principle 1372Assessment of the facts from which the existence or absence of a state of lawful defence is inferred. A matter for the trial court. Provided that it is reasonable and has a basis in the record. Example.Criminal Procedure · Source page ٤٠٢
  20. Principle 1373Judgments rendered by civil courts do not have the force of res judicata before the criminal judiciary. Example. - 402 - Criminal Procedures and TrialsCriminal Procedure · Source page ٤٠٢
  21. Principle 1374The appellate court's rejection of the victim's claim for provisional civil compensation because it may not be raised for the first time before it. Correct in law. The appellant's objection in this regard. Affords him noCriminal Procedure · Source page ٤٠٣
  22. Principle 1375There is no scope for examining the question of intention in offences of defamation and insult once criminal intent therein is established. Unless the attack is directed at a public official, in which case the accused muCriminal Procedure · Source page ٤٠٣
  23. Principle 1376The judgment’s statement that the article’s expressions constitute permissible criticism and are not intended to defame the appellant. Sufficient for acquittal. The Public Prosecution’s challenge in this regard. SubstantCriminal Procedure · Source page ٤٠٣
  24. Principle 1377The jurisdiction of criminal investigation officers. General and comprehensive in detecting all offences in the State of Kuwait. The implication: the plea of lack of territorial jurisdiction is far from the correct coursCriminal Procedure · Source page ٤٠٣
  25. Principle 1378The contradiction that vitiates a judgment. Its nature. An example of sound inference negating a contradiction that vitiates a judgment.Criminal Procedure · Source page ٤٠٣
  26. Principle 1379A request directed at negating the criminal act and the impossibility of the incident's occurrence, and intended to cast doubt on the evidence. A defence on the merits. The court is not obliged to grant it or answer it. Criminal Procedure · Source page ٤٠٣

  27. تسبيب معيب

    Principle 1380Assessment of the accused’s mental condition. A matter for the trial court. - Rejection, on reasonable grounds, of the appellant’s defence based on his suffering from an illness affecting the soundness of his mind and thCriminal Procedure · Source page ٤٠٤
  28. Principle 1381The judgment's reliance on a fact having no basis in the papers. Its nullity despite its citing other evidence. The reason for this. The mutually supporting nature of evidence in criminal matters.Criminal Procedure · Source page ٤٠٤
  29. Principle 1382The judgment’s reliance, in convicting, on assumptions contradicting the witness’s express account. Unsoundness and deficiency. An example.Criminal Procedure · Source page ٤٠٤
  30. Principle 1383The judgment's failure to clarify its two bases for conviction. Deficiency in its statement. Requires its cassation.Criminal Procedure · Source page ٤٠٤
  31. Principle 1384The judgment’s silence on the discussion of evidence manifestly conflicting with its conclusion indicates that it was rendered without scrutinizing the case and comprehending its circumstances. A deficiency requiring itsCriminal Procedure · Source page ٤٠٤
  32. Principle 1386Validity of a judgment refraining from pronouncing punishment. Its condition. That the court observe the considerations referred to in Article 81/1 of the Penal Code and that the reasons it gives be sound. Waiver by the Criminal Procedure · Source page ٤٠٤
  33. Principle 1387Inferring the intent to trade in the offence of manufacturing alcoholic beverages. Within the trial court's authority. Provided that its inference is reasonable and that it scrutinises the evidence. Example of an un- - 4Criminal Procedure · Source page ٤٠٤
  34. Principle 1388The penalty of fixed-term imprisonment. May not be less than one third of the maximum prescribed for the offence when mitigating circumstances are applied. Violation thereof. An error in applying the law.Criminal Procedure · Source page ٤٠٥
  35. Principle 1389Accessory and supplementary penalties. Mitigating circumstances have no effect on them. The consequence is that refraining from pronouncing punishment does not encompass them. Contravention thereof. Error.Criminal Procedure · Source page ٤٠٥
  36. Principle 1390Abstention from pronouncing punishment for the offence of issuing a cheque without funds. Its condition. Article 237 of the Penal Code. Ordering abstention from pronouncing punishment for the offence of issuing cheques wCriminal Procedure · Source page ٤٠٥
  37. Principle 1391The judgment's failure to state whether one perpetrator knew of the aggravating circumstance present in the other perpetrator, that a public official, which would change the characterization from attempted theft to attemCriminal Procedure · Source page ٤٠٥
  38. Principle 1392Basing the judgment on that which has no foundation in the case papers. Vitiates it. The judgment's reliance on other evidence does not suffice, since evidence in criminal matters is mutually supporting.Criminal Procedure · Source page ٤٠٥
  39. Principle 1393Loss of six incisors in both jaws as a result of the assault. Proof that their loss can be compensated for by artificial teeth that assist in performing their function, adopting what was stated in the forensic physician'Criminal Procedure · Source page ٤٠٥
  40. Principle 1394Assessment of the probative force of an expert’s report. Within the authority of the court of merits. - The court of merits. Its undertaking to refute the expert’s opinion. Its effect. In its reasons for refutation, it mCriminal Procedure · Source page ٤٠٦
  41. Principle 1395The plea that a state of lawful self-defence existed is a material defence. The judgment's omission to address it. Its effect. Deficiency in the judgment requiring its cassation.Criminal Procedure · Source page ٤٠٦
  42. Principle 1396Intent to kill. A concealed matter not apprehended by outward perception, but discerned from the circumstances surrounding the case and the indications and manifestations displayed by the perpetrator. - Inferring whetherCriminal Procedure · Source page ٤٠٦
  43. Principle 1397The penalty prescribed for the crime of grievous bodily harm is imprisonment for a term not exceeding ten years. - The penalty prescribed for a juvenile for crimes punishable by fixed-term imprisonment is a term not exceCriminal Procedure · Source page ٤٠٦
  44. Principle 1398Possession of psychotropic substances and their preparations listed in Schedule 5 annexed to Law - 406 - Criminal Procedures and Trials 48/1987. A misdemeanour penalty applies thereto unless connected with a felony. The Criminal Procedure · Source page ٤٠٦
  45. Principle 1399The requirement to deport a foreigner sentenced to a liberty-restricting penalty for an offense involving dishonor and dishonesty. The requirement to stipulate this in the judgment. - Imposing imprisonment on a foreignerCriminal Procedure · Source page ٤٠٧
  46. Principle 1400Offences involving specific criminal intent. Reliance on legal considerations and presumptions does not suffice for the requirement of such intent. Its existence must be verified from the evidence derived from the case pCriminal Procedure · Source page ٤٠٧
  47. Principle 1401The judgment's involving a violation of the right of defence. It vitiates it through deficiency and unsoundness. Effect thereof. Cassation of the judgment in respect of the appellant and the other convicted person. ReasoCriminal Procedure · Source page ٤٠٧
  48. Principle 1402The appellant maintained that the vehicle that was the subject of the attempted theft was abandoned property. Failure to investigate this defence constitutes a breach of the right of defence, rendering the judgment deficCriminal Procedure · Source page
  49. Principle 1403The evidence on which the judgment relies. Its conditions. A conviction. What is not required in the foundation on which it is based.Criminal Procedure · Source page
  50. Principle 1404The judgment's reliance, in convicting, on the appellant's confession to knowingly and consciously holding the seized narcotic, although the appellant denied knowledge of the narcotic at all stages of the case. An error Criminal Procedure · Source page
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