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 معيب

    Principle 1405The crime of kidnapping provided for in Article 180 of the Penal Code. The criterion for its establishment. Merely removing the victim from the place from which he was kidnapped by one of the means referred to therein wiCriminal Procedure · Source page ٤٠٨
  2. Principle 1407The appellate judgment's omission, in its operative part, to uphold the first-instance judgment insofar as it imposed the penalty of deportation, despite stating this in its reasons. This vitiates it through contradictioCriminal Procedure · Source page ٤٠٨
  3. Principle 1408The judgment's unqualified statement that the stick is not a dangerous instrument without revealing its nature and condition. Vitiates it by inadequacy of reasoning.Criminal Procedure · Source page ٤٠٨
  4. Principle 1409Appeal against the judgment by the Public Prosecution and the two convicted persons. The judgment's failure to refer in its text to the Public Prosecution's appeal or to provide any reasons concerning it supporting the cCriminal Procedure · Source page ٤٠٨
  5. Principle 1410The considerations that must be present when ordering abstention from punishment. Their nature. Ordering abstention from punishment despite the absence of those considerations and the judgment's reasons being characterisCriminal Procedure · Source page ٤٠٨
  6. Principle 1411The considerations justifying the court’s abstention from pronouncing punishment. Their nature and basis. The judgment’s reliance, in ruling to abstain, merely on the female victim’s waiver and pardon. Vitiates it. The bCriminal Procedure · Source page ٤٠٩
  7. Principle 1412The accused's mere offering of his telephone number to the female victim does not constitute the offence of incitement to commit acts of immorality and debauchery. The judgment's conclusion convicting him on this basis. Criminal Procedure · Source page ٤٠٩
  8. Principle 1413Proof of the theft of specific property. A complaint concerning the failure to establish theft of other property. Of no avail.Criminal Procedure · Source page ٤٠٩
  9. Principle 1414The judgment's not relying, in convicting the appellant, on the other convicted person's admission to the officer relieves it of the obligation to respond to the plea of invalidity of the admission.Criminal Procedure · Source page ٤٠٩
  10. Principle 1415Joining the Iraqi Popular Army with knowledge of its military objectives is sufficient to establish the intent to assist the hostile State of Iraq in its military operations against the State of Kuwait, even if joining dCriminal Procedure · Source page ٤٠٩
  11. Principle 1416Examining the motives for and manner of the appellant's joining a hostile military organisation and whether he took the initiative to - 409 - Criminal Procedures and Trials join it or whether his joining resulted from efCriminal Procedure · Source page ٤٠٩
  12. Principle 1417The judgment’s account of the appellant’s confession in the manner stated in the grounds of appeal, without attributing to him a confession to committing the offence. No error of attribution. - Assessment of the accused’Criminal Procedure · Source page ٤١٠
  13. Principle 1418The judgment's failure to address what was raised concerning the invalidity of the police detention of the appellant and his torture to induce him to confess. Does not vitiate it as long as it did not rely on evidence deCriminal Procedure · Source page ٤١٠
  14. Principle 1419Impugning the judgment for omitting a fact that has no bearing on establishing or negating the offence or on its punishment. Inadmissible. Failure to address the settlement between the female appellant and the victim. DoCriminal Procedure · Source page ٤١٠
  15. Principle 1421The judgment's rejection of the appellant's defence that he transferred the cars to the enemy under duress, on the basis of what it found established from witness statements and his confessions during the investigations.Criminal Procedure · Source page ٤١٠
  16. Principle 1422Calling the accused’s statements before the officer a confession does not vitiate the judgment, provided that the court did not attach to them, their existence, the legal effect of a confession. - 410 - Criminal ProcedurCriminal Procedure · Source page ٤١٠
  17. Principle 1424The defense or request requiring a response is that submitted in unequivocal terms indicating insistence by its proponent. The judgment's disregarding a request not included in the final submissions. Challenging it in thCriminal Procedure · Source page ٤١١
  18. Principle 1425Basing the judgment on several grounds sufficient to sustain it. Challenging it on other grounds. Ineffectual.Criminal Procedure · Source page ٤١١
  19. Principle 1427The state of necessity that extinguishes criminal responsibility. What establishes it. - The judgment's omission to respond to a manifestly invalid defence. It does not vitiate it. Example concerning the Iraqi occupationCriminal Procedure · Source page ٤١١
  20. Principle 1428The provision in the operative part of the judgment acquitting the appellant of the offence attributed to him of possession and physical custody of narcotics with intent to traffic, and punishing him for possession and pCriminal Procedure · Source page ٤١١
  21. Principle 1430Criticizing a judgment on the basis of something on which it did not rely in its ruling. Has no object in its ruling. Example.Criminal Procedure · Source page ٤١١
  22. Principle 1431It suffices for the judgment to set out the probative evidence establishing that the accused committed the offence. Following the accused through every detail of his defence. Unnecessary for the soundness of the judgmentCriminal Procedure · Source page ٤١١
  23. Principle 1434The judgment's error in the number of the applied penal article. Immaterial where it has described the act, sufficiently stated the facts warranting punishment, and imposed a penalty within the limits of the article thatCriminal Procedure · Source page ٤١٢
  24. Principle 1435The judgment's acquittal of an accused for lack of knowledge of the presence of the narcotic seized in his residence does not contradict the judgment's conviction of another accused of possession of that narcotic on the Criminal Procedure · Source page ٤١٢
  25. Principle 1437Cannons of all types: the Weapons and Ammunition Law applies to their possession and physical custody. Criminalization of their possession and physical custody. Its condition. - The judgment reaching the correct outcome Criminal Procedure · Source page ٤١٢
  26. Principle 1438A manifestly unfounded defense. Failure to respond to it. Does not vitiate the judgment. - Mere fear of assault does not constitute coercion invalidating a confession.Criminal Procedure · Source page ٤١٢
  27. Principle 1439Medical certificate. An item of evidence in the case. Its assessment is a matter of fact. - The court's rejection of the medical certificate. A challenge thereto is inadmissible where it is sound. - 412 - Criminal ProcedCriminal Procedure · Source page ٤١٢
  28. Principle 1441Assessment of the absence of evidence concerning one charge but not another. A matter of fact. - Acquitting the accused of one charge and convicting him of another does not establish a claim of contradiction in the judgmCriminal Procedure · Source page ٤١٣
  29. Principle 1443The appellant's name appears in the preamble to the original copy of the judgment as the first accused in the indictment, and the same two charges appearing in that indictment are attributed to him. No contradiction. - ICriminal Procedure · Source page ٤١٣
  30. Principle 1444A request that would establish the charge in the incriminating evidence does not require an express response from the court. Example.Criminal Procedure · Source page ٤١٣
  31. Principle 1445The change of the appellant's work to administrative work after establishing his connection with the transaction to be completed, a connection allowing implementation of the purpose intended by the bribe, and the judgmenCriminal Procedure · Source page ٤١٣
  32. Principle 1446Challenging evidence that the judgment did not use as a basis for conviction. Failure to respond thereto does not vitiate the judgment. Example of an objection without a basis. Inadmissible.Criminal Procedure · Source page ٤١٣
  33. Principle 1447A material defence: what is not required therein for the court to be obliged to address and respond to it. The disregard - 413 - Criminal Procedures and Trials by the court of that plea does not vitiate the judgment.Criminal Procedure · Source page ٤١٣
  34. Principle 1449The trial court's right to accept a witness's statements at any stage of the investigation or trial and disregard anything else. - The judgment's rejection of the settlement reached between the female victim and the accuCriminal Procedure · Source page ٤١٤
  35. Principle 1450The court may disregard the account of defence witnesses. - The judgment's disregard of their statements does not vitiate it. The implication thereof.Criminal Procedure · Source page ٤١٤
  36. Principle 1452The appellate judgment's omission of a witness's statements from the evidence it enumerated. Its implication. That it did not adopt them, so the first-instance judgment's error in its account of those statements does notCriminal Procedure · Source page ٤١٤
  37. Principle 1453Contemporaneity between being surprised by adultery or sexual intercourse and committing the act is a condition for the existence of the statutory excuse. Its absence and the effect thereof. The conditions for the excuseCriminal Procedure · Source page ٤١٤
  38. Principle 1454The judgment's setting out of the purport of the evidence relied upon in its ruling. The objection that it failed to set out the evidence. Incorrect.Criminal Procedure · Source page ٤١٤
  39. Principle 1455The judgment's reliance on the statements of the officer and police personnel who carried out the arrest and search after - 414 - Criminal Procedures and Trials concluding that they were invalid. A defect and unsound infCriminal Procedure · Source page ٤١٤
  40. Principle 1456The judgment's basing its adjudication on no sound support in the papers. Vitiates it. An example. - The mutual support of evidence in criminal matters. Its effect.Criminal Procedure · Source page ٤١٥
  41. Principle 1457The court must base its judgment only on sound grounds from the case papers. Its account of the witness's statements, understanding of their context, and discernment of their import. Its condition. That it not distort thCriminal Procedure · Source page ٤١٥
  42. Principle 1458Taking the victim's life. It is the distinguishing element of the offence of intentional killing. The conviction judgment must discuss this element separately through a reasonable inference. Example of an unreasonable inCriminal Procedure · Source page ٤١٥
  43. Principle 1459The judgment must not leave obscure the inculpatory evidence on which it bases its conviction and must not merely refer to the evidence. - The judgment’s merely referring to the inspection and the written admission issueCriminal Procedure · Source page ٤١٥
  44. Principle 1460The felony of permanent disability is any intentional physical act committed with intent to cause injury, whenever the disability results from it. - The judgment's recording in its text that the victim was pushed and felCriminal Procedure · Source page ٤١٥
  45. Principle 1461The judgment's failure to establish criminal intent in the offence of bringing alcoholic beverages from outside the country with intent to trade. Vitiates it. The basis therefor: a conviction judgment must include the acCriminal Procedure · Source page ٤١٥
  46. Principle 1462The judgment's disregard of the female accused's confession recorded in the minutes of the hearing renewing her detention and its failure to address it vitiate it and require its cassation in this regard. An example concCriminal Procedure · Source page ٤١٦
  47. Principle 1463Contradiction in the grounds of the judgment, confusion in the elements it sets out, and their failure to become settled so as to constitute established fact, making it impossible to ascertain the basis on which the courCriminal Procedure · Source page ٤١٦
  48. Principle 1465The judgment's unreasonable rejection of the female victim's statements and its arbitrariness in drawing inferences. It vitiates it and requires its cassation. Example.Criminal Procedure · Source page
  49. Principle 1466The judgment’s recording in its text that the physician requested analysis of a sample of the accused’s blood and urine and the contents of his intestines to ascertain his medical condition and because of suspicion that Criminal Procedure · Source page
  50. Principle 1467The accused's replacement of the cheques he issued with another cheque at a later time constitutes indivisible criminal activity. Its effect. The criminal action in respect of all of them is extinguished upon issuance ofCriminal Procedure · Source page
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