Cassation principles Criminal Procedure
Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 1,804 available principles
Search this collectionأن يكون ممكناً (يشهد له الواقع)
Principle 1583A defence that must be investigated must be insisted upon. Without abandonment. And must be possible.Criminal Procedure · Source page ٤٤١- Principle 1584The material defence that the court is obliged to address and answer. Its condition. That reality attest to and support it. An example of a non-material defence concerning a challenge to a confession.Criminal Procedure · Source page ٤٤١
أن يكون لازماً للفصل في الدعوى
Principle 1586A material defence which the court is obliged to answer. Requires that it be serious and supported by reality. - 441 - Criminal Procedures and Trials 3- That it be necessary for deciding the case:Criminal Procedure · Source page ٤٤١- Principle 1587The appellate court rules on the basis of the papers. It conducts only such investigation as it considers necessary. A challenge to the court for failing to undertake a measure not requested of it. Inadmissible.Criminal Procedure · Source page ٤٤٢
- Principle 1588The defence to which the court is obliged to respond. The defence necessary for deciding the case.Criminal Procedure · Source page ٤٤٢
- Principle 1591Where the facts of the case are clear to the court or the matter it is requested to investigate is ineffectual. It incurs no fault if it disregards it and omits to respond to it. Example.Criminal Procedure · Source page ٤٤٢
- Principle 1592The impossibility of investigating certain aspects of the defence. Does not preclude conviction if the incriminating evidence is sufficient.Criminal Procedure · Source page ٤٤٢
- Principle 1593The court's declining to investigate a matter unrelated to the subject matter of the action entails no infringement of the right of defence. An example.Criminal Procedure · Source page ٤٤٢
ألا يكون الحكم الابتدائي المأخوذ بأسبابه قد رد عليه
Principle 1594The court's refraining from investigating a defence immaterial to the case does not vitiate its judgment. Example. - 442 - Criminal Procedures and Trials 4- That the first-instance judgment whose reasons were adopted hasCriminal Procedure · Source page ٤٤٢ألا يكون عارياً من دليل
Principle 1595The court's adoption of the reasons of the first-instance judgment. Its failure to respond to a defence raised before it that the first-instance judgment addressed. No defect. 5- That it not be devoid of evidence:Criminal Procedure · Source page ٤٤٣- Principle 1596The material defence to which the court is obliged to respond. Its condition. That it be serious, borne out and supported by the facts. A defence devoid of evidence and refuted by the facts. Disregarding it entails no deCriminal Procedure · Source page ٤٤٣
- Principle 1597An unsubstantiated defence devoid of evidence. The court's disregarding it and neither mentioning it nor responding to it. No defect.Criminal Procedure · Source page ٤٤٣
- Principle 1598The material defence that the court is obliged to answer. Its condition. That it be serious and that reality attest to and support it. A defence devoid of supporting evidence. Disregarding it. No deficiency.Criminal Procedure · Source page ٤٤٣
- Principle 1599Joining the papers of a case in respect of which a plea is raised that the action may not be heard because it has already been adjudicated in that case. Unnecessary so long as a copy of the judgment rendered therein has Criminal Procedure · Source page ٤٤٣
- Principle 1600An unsupported defence devoid of evidence. The judgment's rejection thereof. No defect. Example of an unsupported plea that the confession is invalid.Criminal Procedure · Source page ٤٤٤
ألا يكون الرد عليه مستفاداً ضمناً من القضاء بالإدانة
Principle 1603Following the accused through every detail of his defence. Not necessary for the soundness of the judgment.Criminal Procedure · Source page ٤٤٤- Principle 1604Following the accused through the aspects of his factual defence and answering them is unnecessary as long as the answer is implicit in the conviction. Disputation concerning that from which the trial court derived its cCriminal Procedure · Source page ٤٤٤
- Principle 1605Following the accused through the aspects of his substantive defence and every doubt he raises is not necessary for a conviction. An implicit response suffices.Criminal Procedure · Source page ٤٤٤
- Principle 1606The trial court's confidence in the inculpatory evidence on which it relied. Its implication: its rejection of all the considerations advanced by the defence to induce it not to adopt that evidence. Without being obligedCriminal Procedure · Source page ٤٤٤
- Principle 1607The judgment's express and separate discussion of the existence of the elements of the offence of forgery. Not necessary provided that the import of what it sets out in its text indicates their existence. Its disregardinCriminal Procedure · Source page ٤٤٥
- Principle 1608Clarity of the picture of the incident, or the matter requested to be investigated being unproductive. Its effect. The court may disregard the accused's defence and its investigation. The condition for this. That it statCriminal Procedure · Source page ٤٤٥
- Principle 1609The court's refusal to grant a request directed not towards negating the act constituting the offence or establishing the impossibility of its occurrence, but merely towards casting doubt on the incriminating evidence. ACriminal Procedure · Source page ٤٤٥
- الدفاع ظاهر البطلان
Principle 1610The court’s disregard of the appellants’ request to obtain the criminal investigation department’s occurrence book. Does not vitiate its judgment so long as it is satisfied with the incriminating evidence it set out. - MCriminal Procedure · Source page ٤٤٥- Principle 1612Exemption from the penalties prescribed in Articles 31, 32 of Law 74 of 1983 concerning Narcotics Control. Its criterion: reporting the offence and its perpetrators to the public authorities before they become aware of iCriminal Procedure · Source page ٤٤٥
- Principle 1613The investigator's signature on the investigation record is sufficient to establish its contents. The investigation clerk's failure to sign. Does not affect its soundness. The defence relating thereto. Manifestly invalidCriminal Procedure · Source page ٤٤٦
- Principle 1614Obedience to one's father does not extend to committing offences and does not rise to the level of duress that extinguishes criminal liability. - The trial court is not obliged to answer a manifestly unfounded defence.Criminal Procedure · Source page ٤٤٦
- Principle 1615The law does not permit individuals to impose punishment for violating the provisions of positive law or the rules of Islamic Sharia. Example: the assertion that Islamic Sharia permits killing a sorcerer. A manifestly inCriminal Procedure · Source page ٤٤٦
- Principle 1617What suffices to establish the offence of carrying or possessing a firearm without a licence and the criminal intent therein. - The motive for committing the offence is immaterial. - A manifestly invalid defence. FailureCriminal Procedure · Source page ٤٤٦
أ: الصفة والمصلحة في الدفع
Principle 1618Exemption from punishment owing to the perpetrator's loss of awareness and free choice at the time of committing the act. Its criterion. The appellant's suffering from a psychological illness. Does not establish exemptioCriminal Procedure · Source page ٤٤٦- Principle 1620No person other than the one against whom the invalid procedure was taken has standing to plead its invalidity, even if he would benefit from it. The reason for this.Criminal Procedure · Source page ٤٥١
- Principle 1621Issuance of the prosecution's warrant to search the appellant alone. No other person has standing to invoke its invalidity.Criminal Procedure · Source page ٤٥١
- Principle 1622The existence of an interest in a plea follows the existence of standing to raise it. Its effect. Example: a plea of invalidity of a measure belongs to the person against whom it was taken.Criminal Procedure · Source page ٤٥١
- Principle 1623Equality in what contravenes the rule of law. Impermissible. Criticizing the judgment for not treating the appellant as it treated another accused in respect of whom it erred in applying the law and accepted his plea of Criminal Procedure · Source page ٤٥١
الدفع بعدم الدستورية
Principle 1624No person other than the person subjected to the invalid procedure has standing, even if he would benefit from it. The reason for this. The existence of an interest in the plea follows the existence of standing to raise Criminal Procedure · Source page ٤٥١الدفع بالجهل بالقانون
Principle 1625The appellate court's ruling that the appeal is formally inadmissible because it was lodged after the time limit. Coincides in result with a determination dismissing the appeal. The effect thereof: the plea of unconstituCriminal Procedure · Source page ٤٥٢الدفع بعدم الاختصاص الولائي
Principle 1626Ignorance of the provision establishing the offence or its erroneous interpretation. Does not preclude the existence of criminal intent unless the law provides otherwise. - The plea of ignorance of Law 41 of 1993. A maniCriminal Procedure · Source page ٤٥٢الدفع بعدم سريان قانون الجزاء الكويتي
Principle 1627The jurisdictional authority of the Kuwaiti judiciary. Is established whenever the material element of the offence or one of its components occurs within the territory of the State of Kuwait, together with other offencesCriminal Procedure · Source page ٤٥٢الدفع بقوة الشيء المحكوم فيه وعدم جواز نظر الدعوى لسابقة الفصل فيها
Principle 1628The Fourth Geneva Convention for the protection of civilians in time of war aims to protect civilians present in the territory of the occupied State. - The rule is that the occupying State may not repeal or suspend proviCriminal Procedure · Source page ٤٥٢- Principle 1629The plea that the criminal action may not be heard because it has previously been adjudicated. Its condition. Identity of cause in the two actions. What is required for its existence. What does not suffice for that.Criminal Procedure · Source page ٤٥٣
- Principle 1630The plea of res judicata in criminal matters. What is required for its validity. - The difference in the parties and in the date of the two checks from the date of the check in the present action negates the prerequisiteCriminal Procedure · Source page ٤٥٣
- Principle 1631The binding authority of judgments. Its basis: identity of parties, subject matter and cause. - Identity of cause. That the incident for which the accused is being tried be the very same incident that was the subject of Criminal Procedure · Source page ٤٥٣
- Principle 1632Trying a person twice for a single act. Impermissible. Reason and basis thereof. - Proof that the material incident forming the subject of the case under appeal is the very same subject of the case in which a final judgmCriminal Procedure · Source page ٤٥٣
- Principle 1633The criterion for the binding authority of judgments: identity of parties, subject matter, and cause. - For identity of cause to be established, the incident for which the accused is tried must be the very incident that Criminal Procedure · Source page ٤٥٤
- Principle 1634Criminal proceedings may not be instituted against a person who committed an offence outside Kuwait and then returned thereto after being convicted by foreign courts and serving the punishment imposed upon him. Article 1Criminal Procedure · Source page ٤٥٤
- Principle 1636The plea of res judicata. Its condition is that an irrevocable criminal judgment has previously been rendered in a criminal trial, with identity of subject matter, parties, and cause in the previously adjudicated case anCriminal Procedure · Source page ٤٥٤
الدفع بسقوط الدعوى الجزائية
Principle 1638The particulars of the statement of accusation do not constitute the addition of a new charge during trial. The court may restore them to their correct form. Its condition. That they do not go beyond the scope of the incCriminal Procedure · Source page ٤٥٤- Principle 1639The criterion for characterising the incident as a felony or misdemeanour—for the purposes of limitation rules—is the characterisation ultimately adopted by the court, not the characterisation under which the case was brCriminal Procedure · Source page
- Principle 1641The appellant's complaint against the challenged judgment for not exempting him from punishment pursuant to Article 21 of Law 1 of 1993. Inadmissible. The rationale therefor: it is discretionary for the court. Imposing pCriminal Procedure · Source page
- Principle 1642The plea that obtaining the advantage from the offence was impossible. An argument on the merits. Impermissible before the Court of Cassation. 9- The plea that the inquiries were not serious:- - See: Part Two: Inquiries Criminal Procedure · Source page
- Principle 1643An investigative stop is a measure taken by a police officer to investigate offences and identify their perpetrators. It is warranted by suspicion justified by the circumstances. It is permissible for a police officer whCriminal Procedure · Source page