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 حكم البراءة

    Principle 1521Conviction or acquittal of the accused. What matters therein is the trial court's conviction based on the evidence presented to it. - Criminal trials. What matters therein. - Judgment of acquittal. What is not required iCriminal Procedure · Source page ٤٢٧
  2. Principle 1522Adjudicating the case in absentia and without service of notice. It does not in itself detract from the reasonable grounds for acquittal stated in the judgment or alter the soundness of its inference. Challenging it in tCriminal Procedure · Source page ٤٢٧
  3. Principle 1523The court's doubt as to the correctness of attributing the charge to the accused is sufficient for acquittal. Provided that it has comprehended the case with understanding and insight. - Acquittal in the criminal action Criminal Procedure · Source page ٤٢٧
  4. Principle 1524The trial court's doubt as to the validity of attributing the charge to the accused suffices for an acquittal whenever it has comprehensively and discerningly considered the case, weighed the inculpatory and exculpatory Criminal Procedure · Source page ٤٢٧
  5. Principle 1525The trial court may acquit whenever it doubts the correctness of attributing the charge to the accused or because the incriminating evidence is insufficient. The condition therefor. An example of defective reasoning in aCriminal Procedure · Source page ٤٢٧
  6. Principle 1526The court’s doubt as to the correctness of attributing the charge to the accused suffices for acquittal and dismissal of the civil action, provided that it has scrutinised the case and comprehended its circumstances withCriminal Procedure · Source page ٤٢٨
  7. Principle 1527Basing a judgment of acquittal and dismissal of the civil claim on multiple grounds. The sufficiency of one of them to sustain it. Challenging the remaining grounds. Unavailing. Example.Criminal Procedure · Source page ٤٢٨

  8. تسبيب حكم الإعدام

    Principle 1528The trial court's doubt as to the correctness of attributing the charge to the accused suffices for acquittal where it has comprehensively and insightfully considered the case, weighed the evidence of guilt and exculpatiCriminal Procedure · Source page ٤٢٨
  9. Principle 1529Acceptance of the Public Prosecution's submission of the death sentence and its affirmation. Its conditions: the judgment's statement that the legal elements of the offenses for which it imposed the penalty of preparatioCriminal Procedure · Source page ٤٢٨

  10. - العبرة في تعرف حقيقة الدفاع

    Principle 1531A death sentence is issued, like other criminal judgments, by a majority. Article 174 of the Criminal Procedures and Trials Law, which did not require unanimity in a death sentence. Challenging this as invalid. UnfoundedCriminal Procedure · Source page ٤٢٩
  11. Principle 1532The plea or defence that the investigations were not serious and the search was invalid. The criterion for identifying its true nature. Does not depend on its wording, but is discerned from its meaning and purpose.Criminal Procedure · Source page ٤٣٣

  12. أ- ما لا يوفره

    Principle 1533Failure to specify the grounds of defence disregarded by the judgment so as to establish whether they are material grounds of defence which the court must address or a defence on the merits. An unspecified ground of chalCriminal Procedure · Source page ٤٣٣
  13. Principle 1534Complaining that the court failed to respond to a defence not raised before it or failed to take a measure not requested of it. Inadmissible. Example.Criminal Procedure · Source page ٤٣٣
  14. Principle 1535The trial court is not obliged to pursue the accused in every detail he raises in his defense on the merits. Its confidence in the evidence of guilt. Its implication: its rejection of his defense without stating the reasCriminal Procedure · Source page ٤٣٣
  15. Principle 1536The court is not obliged to respond to a defence not raised before it. - The appellant's counsel confining himself to requesting affirmation of the acquittal without addressing fabrication of the charge. The objection toCriminal Procedure · Source page ٤٣٣
  16. Principle 1537The appellant's attendance at the trial hearing without claiming that he had retained a lawyer to defend him or requesting an adjournment for that lawyer to attend. The court's appointment of a lawyer to undertake his deCriminal Procedure · Source page ٤٣٤
  17. Principle 1538The presence of a lawyer with the appellant, his pleading in the case, and his requesting primarily acquittal and alternatively the exercise of leniency negate what the appellant raises concerning infringement of the rigCriminal Procedure · Source page ٤٣٤
  18. Principle 1540A request for adjournment. Is not a plea or defence submitted to the court. Its failure to grant it. No defect.Criminal Procedure · Source page ٤٣٤

  19. ب- ما يوفره

    Principle 1542The court's granting of the appellant's request, contrary to what he alleges. Negates the allegation of infringement of the right of defence. Example. B- What establishes it:Criminal Procedure · Source page ٤٣٤
  20. Principle 1543The judgment's omission to address or refer to a material defence. Deficiency. Requiring its cassation. Example of defective reasoning for failure to refer to the appellant's material defence. - 434 - Criminal ProceduresCriminal Procedure · Source page ٤٣٤
  21. Principle 1544The judgment's omission to respond to a material defence. A deficiency in reasoning that invalidates it. An example of the court's failure to respond to the existence of a situation of lawful self-defence.Criminal Procedure · Source page ٤٣٥
  22. Principle 1545A confession relied upon. Its nature. What does not constitute a confession. A plea that a confession is invalid because it was made under coercion. A material defence. - A judgment involving an infringement of the rightCriminal Procedure · Source page ٤٣٥
  23. Principle 1546The appellant’s insistence that the vehicle forming the subject of the attempted theft offence was abandoned property. Failure to investigate this defence. Constitutes a violation of the right of defence, vitiating the jCriminal Procedure · Source page ٤٣٥
  24. Principle 1547The appellant's raising a material defense supported by documents. The court's disregarding its scrutiny in light of the import of those documents. Vitiates the judgment and requires its cassation. Example.Criminal Procedure · Source page ٤٣٥
  25. Principle 1548The plea that the confession is invalid because the accused did not comprehend what he was stating is material. The judgment's failure to respond to it despite relying on that confession for conviction. Vitiates it. - ThCriminal Procedure · Source page ٤٣٥
  26. Principle 1549The appellant's defence based on denying the charge and denying his presence at the scene of the incident, substantiating that by the witness's inconsistency in identifying the perpetrator, the inconceivability of the viCriminal Procedure · Source page ٤٣٥
  27. Principle 1550Challenging the victim's testimony on the ground that he lacks discernment and awareness owing to his young age and mental illness. A substantial defence. The court's failure to investigate it. Vitiates its judgment. - 4Criminal Procedure · Source page ٤٣٥
  28. Principle 1551The plea that the search warrant is invalid because the inquiries on which it was based were not serious. Material. - The judgment's failure to answer this plea vitiates it by deficient reasoning.Criminal Procedure · Source page ٤٣٦
  29. Principle 1552The judgment's failure to answer the plea that the search warrant was invalid because the investigations were not serious, despite its materiality. Vitiates it by inadequate reasoning.Criminal Procedure · Source page ٤٣٦
  30. Principle 1553Deeming an opposition as never having been made on the basis of the accused’s failure to attend despite having been served, where the service document does not specify the capacity of the person who signed for receipt orCriminal Procedure · Source page ٤٣٦
  31. Principle 1554Unconsciousness precluding responsibility is that arising from intoxicating or narcotic substances taken by the perpetrator under compulsion or without his knowledge. The import of this. Taking them with knowledge of theCriminal Procedure · Source page ٤٣٦
  32. Principle 1555The plea of invalidity of the search warrant. Material. The court must address it and respond to it. The judgment's omitting this despite basing its decision on evidence derived from its execution. Inadequacy of reasoninCriminal Procedure · Source page ٤٣٦
  33. Principle 1557The rule is that a criminal trial must be based on the oral investigation conducted by the court at the hearing. This may not be encroached upon except by the parties’ express or implied waiver. Contravention of this. InCriminal Procedure · Source page ٤٣٧
  34. Principle 1558Pleading the absence of criminal intent or disputing its existence. The court must address it with reasonable grounds. Example of the court’s failure to investigate the appellant’s material plea that he lacked criminal iCriminal Procedure · Source page ٤٣٧
  35. Principle 1559The appellant's defense that he was unaware of the issuance of a decision by the Director of the Capital Patrols Department to impound his car, implying the absence of the offense of appropriation on his part. A materialCriminal Procedure · Source page ٤٣٧

  36. الجوهري).

    Principle 1560Confession in criminal matters. Assessment of its validity and evidentiary value. Within the authority of the trial court. It may accept the accused's confession against himself or against other accused persons at any stCriminal Procedure · Source page ٤٣٧
  37. Principle 1563A challenge based on the court's failure to take a measure that the party did not request and that it, for its part, did not consider necessary to take. Inadmissible.Criminal Procedure · Source page ٤٣٨
  38. Principle 1564The complaint denying the charge and asserting absence from Kuwait when the Iraqi invasion occurred. A defence on the merits.Criminal Procedure · Source page ٤٣٨

  39. أن يبدي أمامها على وجه حازم

    Principle 1567Criticising the court for failing to answer a defence not raised before it. Inadmissible. - Challenging procedures preceding trial. Cannot constitute a ground of appeal. - The defence or request that the court is obligedCriminal Procedure · Source page ٤٣٩
  40. Principle 1569A material defence raised seriously and unequivocally. Failure to investigate it or to reject it on sound, convincing evidence. Inadequacy and infringement. Example.Criminal Procedure · Source page ٤٣٩
  41. Principle 1571The court’s appointment of a lawyer to defend an accused who did not request retained counsel. No infringement of the right of defence. - Making requests before the court of first instance. Not making them before the appCriminal Procedure · Source page ٤٣٩
  42. Principle 1573A definite request maintained by its maker in his final requests. This is what the trial court is obliged to grant. The appellate court rules on the basis of the papers. It conducts no - 439 - Criminal Procedures and TriCriminal Procedure · Source page ٤٣٩
  43. Principle 1574Challenging the court for failing to take a measure not requested of it. Inadmissible. The appellate court is not obliged to conduct an investigation. Rather, it adjudicates on the basis of the papers.Criminal Procedure · Source page ٤٤٠
  44. Principle 1575Request to hear a witness. Failure to maintain it in the final requests. Is deemed an abandonment thereof.Criminal Procedure · Source page ٤٤٠
  45. Principle 1576Invoking the existence of a state of lawful defence. A material defence. Conviction without the judgment addressing this defence. Insufficiency.Criminal Procedure · Source page ٤٤٠
  46. Principle 1577A defense not raised before the court. A challenge based on its failure to set it out. Is inadmissible. - The court's failure to take a measure not requested of it. Is inadmissible.Criminal Procedure · Source page ٤٤٠
  47. Principle 1579Criticizing the court for failing to investigate a defence that was raised neither orally nor in writing. A criticism without basis. Example.Criminal Procedure · Source page
  48. Principle 1580The defence's leaving the decision concerning the alternative request to the court at the hearing, without insisting upon it in - 440 - Criminal Procedures and Trials its final submissions. Its implication: abandonment oCriminal Procedure · Source page
  49. Principle 1581The accused's lawyer leaving the decision on the request to hear witnesses to the court. Deprives it of the character of an unequivocal request. The court's declining to grant it. No defect.Criminal Procedure · Source page
  50. Principle 1582The request which the trial court is obliged to grant or answer. Is the unequivocal request brought to the court's attention, upon which its maker insists and continues to maintain and insist upon in his final submissionCriminal Procedure · Source page
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