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 1468The judgment's ruling to refrain from pronouncing punishment because the papers contain nothing branding the accused with previous misconduct, contrary to what is established in his attached criminal record concerning hiCriminal Procedure · Source page ٤١٧
  2. Principle 1469Abstention from pronouncing punishment. The criterion for ordering it. - Absence from the judgment of justifications for ordering abstention from pronouncing punishment. This vitiates it for insufficiency.Criminal Procedure · Source page ٤١٧
  3. Principle 1470Principles of inference. What they require: that the evidence relied upon lead to the conclusion the judgment draws from it without arbitrariness in inference and not conflict with reason and logic. The judgment's contraCriminal Procedure · Source page ٤١٧
  4. Principle 1471Assessment of the circumstances surrounding the offence and of their sufficiency to establish a state of flagrante delicto. Entrusted to the trial court. Conditions thereof. That the reasons upon which it based its assesCriminal Procedure · Source page ٤١٧
  5. Principle 1472The judgment's confused conception of the elements of the incident and its failure to settle sufficiently for it to have the status of fact, making it impossible for the Court of Cassation to ascertain on what basis the Criminal Procedure · Source page ٤١٧
  6. Principle 1473The judgment’s reliance in its ruling on a fact having no basis in the papers. Vitiates it and requires its cassation. Example. - Evidence in criminal matters is mutually supporting. The effect thereof.Criminal Procedure · Source page ٤١٨
  7. Principle 1474The court must set out the evidence upon which it relies in its judgment and adequately state its substance. Merely referring to it. Insufficient. Failure to do so. Vitiates the judgment by deficient reasoning. An examplCriminal Procedure · Source page ٤١٨
  8. Principle 1476The court's conclusion in its reasons that it would exercise the right conferred upon it under Article 81 of the Penal Code by deciding to refrain from pronouncing punishment on the appellant. Its ruling in the operativeCriminal Procedure · Source page ٤١٨
  9. Principle 1477The offence of grievous harm. Its elements. The instruments that cause grievous harm are listed by way of example. Determining what falls within these instruments. Within the authority of the trial court. Its condition: Criminal Procedure · Source page ٤١٨
  10. Principle 1478The judgment's account of the facts in a manner indicating that the respondents committed the offence, that its elements were complete, and that conclusive evidence existed of its correct attribution to them and its estaCriminal Procedure · Source page ٤١٩
  11. Principle 1479The appellant's contention before the appellate court that the prison governor did not enable him to lodge the appeal within the time limit. A material defence. The judgment's failure to examine it. Vitiates it with defiCriminal Procedure · Source page ٤١٩
  12. Principle 1480The plea of absence of criminal intent because of the absence of his connection with the parties to the incident. A material defence. The court must investigate it to its ultimate conclusion or reject it on reasonable grCriminal Procedure · Source page ٤١٩
  13. Principle 1481The judgment's failure to elucidate the facts of the case and set out the evidence of guilt. An inadequacy of reasoning not cured by its indication that the first-instance judgment relied, in convicting the appellant, onCriminal Procedure · Source page ٤١٩
  14. Principle 1482The felony of intentional homicide is distinguished from other offences against the person by a special element: the offender's intent, in committing the act, to take the victim's life, which is a matter the offender conCriminal Procedure · Source page ٤١٩
  15. Principle 1483The judgment's reliance, in convicting the appellant of the offence of a cheque without funds, on the established fact that the beneficiary's name was written on it in his handwriting, despite the appellant's denial of hCriminal Procedure · Source page ٤٢٠
  16. Principle 1484The judgment’s inclusion, in its account of the import of the evidence on which it relied to convict the appellant, of facts having no basis in the papers that affected the judgment’s logic and its inference that the offCriminal Procedure · Source page ٤٢٠
  17. Principle 1485Delivery of the summons to appear to the Public Prosecution. An exception. Recourse to it is permissible if it is established that the domicile of the person summoned is unknown after sufficient inquiries into his domiciCriminal Procedure · Source page ٤٢٠
  18. Principle 1486The offence of holding narcotics. One of the offences requiring specific intent. The specific intent of the accused must be established if he expressly pleads its absence and the court sentences him to the aggravated penCriminal Procedure · Source page ٤٢٠
  19. Principle 1487Criminal intent in the crime of embezzlement. Established by the public official's knowledge, at the time of committing the act, that he is embezzling property entrusted to him by reason of his office with the intention Criminal Procedure · Source page ٤٢٠
  20. Principle 1488The judgment’s citing, in demonstrating that the charge is established, something having no basis in the record that influenced the judgment’s logic and reasoning. Vitiates it. Other evidence cited by it does not remove Criminal Procedure · Source page ٤٢١
  21. Principle 1489Evidence upon which the judgment relies. Its condition: it must lead to the conclusions drawn from it without arbitrariness in inference or conflict with reason and logic. Contravention of this. Defective reasoning and aCriminal Procedure · Source page ٤٢١
  22. Principle 1490The judgment's concluding that the accused should be punished under the articles of the charge, then returning to declare the appealed judgment correct in its decision to refrain from pronouncing punishment upon him, theCriminal Procedure · Source page ٤٢١
  23. Principle 1491Deception in the offence of fraud. Deceit practised by the offender upon the victim to induce the latter to surrender property in his possession through the use of fraudulent methods. Fraudulent methods. What they lead tCriminal Procedure · Source page ٤٢١
  24. Principle 1492Premeditation. A mental state existing within the perpetrator. Its derivation from the facts and circumstances from which its existence is inferred. It is established by his preparing the means of the offence and drawingCriminal Procedure · Source page ٤٢١
  25. Principle 1493Assessment of the circumstantial evidence indicating participation and assistance by a person present with the person whose search has been authorised. Initially a matter for the police officer, subject to the supervisioCriminal Procedure · Source page ٤٢٢
  26. Principle 1494The judgment’s failure to elucidate the facts of the case, including the acts and intentions constituting the elements of the two offences of abduction by deception with intent to commit indecent assault and attempted coCriminal Procedure · Source page ٤٢٢
  27. Principle 1496The judgment's omission to establish the appellant's capacity and his being a public official or a person treated as such in the felony of unlawful appropriation of public funds. Inadequacy of reasoning. Requires its casCriminal Procedure · Source page ٤٢٢
  28. Principle 1497Determining the female victim's age. An essential element of the offence of sexual intercourse with a female who has exceeded fifteen but has not reached twenty-one. Its proof by an official certificate or through the meCriminal Procedure · Source page ٤٢٢
  29. Principle 1498Deducing the facts from their evidence and elements. A matter of fact. Condition thereof: that it be reasonable and that - 422 - Criminal Procedures and Trials the evidence have a basis in the case papers. Reason therefoCriminal Procedure · Source page ٤٢٢

  30. تسبيب حكم البراءة

    Principle 1499The offence of using force and violence against a public official. A separate discussion in the judgment of the intention to use force. Not necessary. The condition for this. - The appellant's plea that he was unaware ofCriminal Procedure · Source page ٤٢٣
  31. Principle 1500The court's doubt as to the validity of the attribution of the charge suffices for an acquittal whenever it has comprehensively and discerningly considered the case and its circumstances. - An example of defective reasonCriminal Procedure · Source page ٤٢٣
  32. Principle 1501The trial court's doubt as to the correctness of attributing the charge suffices for acquittal. The condition therefor. Scrutinising the case, comprehending its circumstances and the incriminating evidence, and weighing Criminal Procedure · Source page ٤٢٣
  33. Principle 1502The court's doubt as to the correctness of attributing the charge to the accused suffices for it to acquit him. Its condition. A thorough and discerning grasp of the case. And basing its adjudication on what supports it Criminal Procedure · Source page ٤٢٣
  34. Principle 1503The judgment’s omission to address some of the prosecution evidence when ordering acquittal. Does not vitiate it. The reason for this. Omission to discuss such evidence constitutes its implicit rejection.Criminal Procedure · Source page ٤٢٤
  35. Principle 1504The sufficiency of doubt as to the correctness of attributing the charge to the accused. A basis for acquittal. Failure to respond to some prosecution evidence does not vitiate a judgment of acquittal. The reason for thiCriminal Procedure · Source page ٤٢٤
  36. Principle 1505The sufficiency of doubt as to attributing the charge to the accused. A basis for acquittal. An error of law in the judgment does not vitiate it. The condition for this. Raising this error before cassation. Ineffectual.Criminal Procedure · Source page ٤٢٤
  37. Principle 1506The appellate court's basing its acquittal in the offence of adultery on the absence of a confession by each accused against himself to committing it, of which the court is satisfied and in which it entertains no doubt. Criminal Procedure · Source page ٤٢٤
  38. Principle 1507Confession in criminal matters. Its assessment. For the trial court. - Criminal trials. What matters therein is the court's conviction of the accused's guilt or innocence based on the evidence presented to it. Doubt as tCriminal Procedure · Source page ٤٢٤
  39. Principle 1508Doubt as to the attribution of the charge is sufficient grounds for acquittal. The condition for this. Scrutiny of the case, familiarity with the evidence of guilt and the reasons being supported by their source. AbsenceCriminal Procedure · Source page ٤٢٥
  40. Principle 1509An acquittal on account of doubt as to the validity of attributing the charge to the accused. Its condition. - An acquittal judgment's omission to discuss the prosecution evidence and its failure to answer the reasons foCriminal Procedure · Source page ٤٢٥
  41. Principle 1510A judgment of acquittal because the incident was untrue or was not attributable to the accused. Binding before the civil courts. Example.Criminal Procedure · Source page ٤٢٥
  42. Principle 1512Criminal judgments. Their basis. - A judgment of acquittal. Its issuance does not require any particular degree of formality in the evidence.Criminal Procedure · Source page ٤٢٥
  43. Principle 1513The sufficiency of doubt as to the correctness of attributing the charge, or because of insufficient incriminating evidence, for an acquittal. Its condition. - The judgment’s drawing from the witness’s statements a conclCriminal Procedure · Source page ٤٢٥
  44. Principle 1514Acquittal because of doubt as to the correctness of attributing the charge to the accused or because of insufficient evidence of guilt. Its condition. That the judgment has scrutinized the case and encompassed its circumCriminal Procedure · Source page ٤٢٥
  45. Principle 1515The contradiction that vitiates and invalidates a judgment. Is that which occurs between its reasons such that some negate what others establish, and it is unknown which of the two the judgment intended. Example of a conCriminal Procedure · Source page ٤٢٦
  46. Principle 1516Basing an acquittal on a possibility the court favoured over other possibilities that might be correct does not vitiate its ruling. Condition thereof.Criminal Procedure · Source page ٤٢٦
  47. Principle 1517Doubt as to attributing the charge to the accused suffices as a basis for acquittal. - The validity of a judgment of acquittal is not undermined by one indication of doubt being defective, provided it is founded on otherCriminal Procedure · Source page
  48. Principle 1518Doubt as to the correctness of attributing the charge to the accused suffices as a basis for acquittal. - The court’s judgment of acquittal cannot validly be challenged on the claim that other possibilities exist. - AddrCriminal Procedure · Source page
  49. Principle 1519A state of flagrante delicto. What suffices for its existence. Its assessment and inference fall within the trial court’s authority. - Assessment of the validity of a confession and its evidentiary value. A matter for thCriminal Procedure · Source page
  50. Principle 1520The appellate court's reversal of a judgment of acquittal. Its obligation to refute the reasons of the first-instance judgment. Its conviction of the accused's guilt and its statement of the evidence of which it was convCriminal Procedure · Source page
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