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 collectionالدفع ببطلان تفتيش المحل
Principle 1645Interrogation prohibited to anyone other than the investigating authority. Its meaning. - The arrest report's being confined to the accused persons' confession to the police officer and containing no interrogation of theCriminal Procedure · Source page ٤٥٧الدفع ببطلان التحقيق
Principle 1646The plea of invalidity of the search of the accused's business premises. What suffices to respond thereto. Example. - The judgment's digression into describing the premises searched does not vitiate it. The appellant's oCriminal Procedure · Source page ٤٥٧الدفع بعدم اختصاص وكيل النيابة
Principle 1647The rule is that procedural acts proceed on the basis of appearances and are not invalidated on account of facts subsequently revealed. - The lack of jurisdiction of the Ministry of Interior investigator becoming apparenCriminal Procedure · Source page ٤٥٧الدفع ببطلان الاعتراف
Principle 1649The plea of invalidity of the confession. Because it resulted from coercion. A matter of fact. What suffices to respond thereto. It is inadmissible to raise it before the Court of Cassation.Criminal Procedure · Source page ٤٥٨- Principle 1650Coercion invalidating a confession is anything that inflicts physical or moral harm on the person confessing, thereby affecting his will and inducing him to make it. - The accused's mere statement that his confession resCriminal Procedure · Source page ٤٥٨
- Principle 1651A confession in criminal matters is an element of evidentiary inference. The trial court may assess its validity and probative value and examine the truth of the accused's claim that the confession attributed to him was Criminal Procedure · Source page ٤٥٨
- Principle 1652The plea of invalidity of a confession must be raised in express wording that includes a statement of what is intended by it.Criminal Procedure · Source page ٤٥٨
- Principle 1653The nature of a confession relied upon for conviction. - The plea of invalidity of the confession made in the preliminary inquiries report because of coercion. A material plea, even if - 458 - Criminal Procedures and TriCriminal Procedure · Source page ٤٥٨
- Principle 1654A confession relied upon. Its nature. It must be voluntary. Its being made following coercion or threats, whatever their degree. Necessitates that it not be relied upon. - The plea of invalidity of a confession because iCriminal Procedure · Source page ٤٥٩
- Principle 1655The appellant’s plea of invalidity of his confession without supporting evidence. No fault attaches to the judgment if it disregards responding to it. - Fear of police officers. Is not equivalent to coercion invalidatingCriminal Procedure · Source page ٤٥٩
- Principle 1656The plea of invalidity of a confession because it was made following invalid investigation and interrogation procedures and under their influence. Material. Requires the court to address it and respond to it so long as iCriminal Procedure · Source page ٤٥٩
الدفع ببطلان الإقرار
Principle 1657Raising a new basis for the plea of invalidity of the confession for the first time before the Court of Cassation. Impermissible. 17- The plea of invalidity of the admission:-Criminal Procedure · Source page ٤٥٩الدفع ببطلان أقوال الشهود
Principle 1658The plea that the admission was made under the influence of coercion. Inadmissible before the Court of Cassation. - 459 - Criminal Procedures and Trials 18- The plea of invalidity of witnesses' statements:-Criminal Procedure · Source page ٤٥٩الدفع ببطلان التسجيلات
Principle 1659The plea of invalidity of the witnesses' statements. Raising it for the first time before the Court of Cassation. Inadmissible. The reason for this. 19- The plea of invalidity of the recordings:-Criminal Procedure · Source page ٤٦٠الدفع بعدم وجود بصمات أو آثار بمكان الحادث
Principle 1660The judgment's failure to answer the plea of invalidity of the recording. Does not vitiate it, as long as it did not base its ruling on the contents of the recording tape but relied on it as an indication reinforcing theCriminal Procedure · Source page ٤٦٠الدفع بعدم ضبط المسروقات
Principle 1661The absence at the scene of the incident of the thief's fingerprints or traces indicating how he entered it. Does not of itself negate his commission of the theft. Provided that the court has established his commission tCriminal Procedure · Source page ٤٦٠الدفع بارتكاب آخر للجريمة
Principle 1662Failure to seize the stolen property in the appellant's possession. Does not weaken the sound evidence on which the court relied to establish his commission of the offence. Disputation thereof is a matter of fact. It mayCriminal Procedure · Source page ٤٦٠- Principle 1663The plea that another person committed the offence is among the substantive pleas to which the response is inferred from the inculpatory evidence cited in the judgment.Criminal Procedure · Source page ٤٦٠
الدفع بارتكاب الجريمة كرهاً
Principle 1664The plea that another person committed the offence. A plea on the merits. The response to it is inferred from the evidence of guilt which - 460 - Criminal Procedures and Trials the judgment set out. - The complaint that Criminal Procedure · Source page ٤٦٠الدفع بعدم العلم بكنه المادة المخدرة
Principle 1665The plea that the offence was committed under duress. Among the factual defences that do not require an express answer. - The trial court is not obliged to follow the accused through every detail of his factual defence. Criminal Procedure · Source page ٤٦١الدفع بدس المخدر
Principle 1666The mere existence of physical possession of a narcotic substance. Does not establish criminal intent in narcotics offences. Evidence must establish the perpetrator's knowledge that what he holds is among the narcotic suCriminal Procedure · Source page ٤٦١الدفع بعدم العلم بصفة المجني عليه
Principle 1667The appellant’s plea that the narcotic tablets may have been planted on him or mixed with what was seized in his possession. A matter of merits. Raising it before the Court of Cassation. Impermissible. - 461 - Criminal PCriminal Procedure · Source page ٤٦١الدفع بعدم العلم بسن المجني عليه
Principle 1668The offence of using force and violence against a public official: the judgment’s discussing the intention to use force separately. Not necessary. The condition for this. - The appellant’s plea that he was unaware of theCriminal Procedure · Source page ٤٦٢الدفع بانتفاء الصلة ببعض المتهمين
Principle 1669The judgment's rejection of the defence that the offender lacked criminal intent and did not know the victim's age in the offence of intercourse with a female without force, threats or deception, based on its statement tCriminal Procedure · Source page ٤٦٢الدفع بانتفاء القصد الجنائي
Principle 1670The plea denying the charge and denying any connection with some of the accused. A matter of fact. An express response thereto. Unnecessary. The response thereto is inferred from the incriminating evidence. - 462 - CrimiCriminal Procedure · Source page ٤٦٢أ- الدفع بشيوع التهمة
Principle 1672The plea of absence of criminal intent or dispute as to its existence. The court must address it with reasonable grounds. Example of the court's failure to investigate the appellant's material plea of absence of criminalCriminal Procedure · Source page ٤٦٣- Principle 1673The plea that the accusation is not particularised among several persons. Does not merit a specific response. Conviction based on incriminating evidence. Its implication: the court's rejection of that plea.Criminal Procedure · Source page ٤٦٣
- Principle 1674The appellant’s defence that the charge was not attributable to him exclusively in respect of the narcotic seized in the bathroom window of his home. Does not undermine the evidence establishing his possession of the pieCriminal Procedure · Source page ٤٦٣
ب- الدفع بنفي التهمة
Principle 1675The plea that the charge is not attributable to a particular person and that there was no knowledge of the presence of the narcotic. A matter of fact. B- The plea denying the charge:-Criminal Procedure · Source page ٤٦٤- Principle 1676The plea denying the charge and asserting absence from Kuwait at the time of the Iraqi invasion. A defense on the merits not requiring a specific response.Criminal Procedure · Source page ٤٦٤
ج - الدفع بتلفيق التهمة
Principle 1677The plea denying the charge. A matter of fact. The response thereto is inferred from the incriminating evidence set out in the judgment. C - The plea of fabrication of the charge:-Criminal Procedure · Source page ٤٦٤- Principle 1678The plea that the charge was fabricated. A substantive plea. It does not require a response, the response being derived from the conviction ruling based on the inculpatory evidence cited by the court.Criminal Procedure · Source page ٤٦٤
الدفع ببطلان إجراءات المحاكمة
Principle 1679Casting doubt on belief in the account of the prosecution witnesses. A defence on the merits. The response to it is inferred from the evidence of guilt. - The plea that the charge was fabricated. A defence on the merits.Criminal Procedure · Source page ٤٦٤الدفع بعدم قبول الاستئناف للتقرير به من غير ذي صفة
Principle 1681The plea of invalidity of the proceedings during the hearing in chambers of the grievance against the Public Prosecution's decision to close the investigation, on the basis that the Criminal Court did not appoint a lawyeCriminal Procedure · Source page ٤٦٥توقيع الحكم وإصداره
Principle 1682The plea that the appeal is formally inadmissible because it was lodged by a person without standing. A plea of law mixed with fact. Its implication. It may not be raised for the first time before the Court of Cassation Criminal Procedure · Source page ٤٦٥- Principle 1683The judge’s signature on the document of the judgment he issued. A condition for its existence. Absence of the signature. The judgment is deemed nonexistent. - The judgment must include a statement of the incident warranCriminal Procedure · Source page ٤٦٦
- Principle 1684The judge's failure to sign the hearing minutes does not entail nullity, so long as both the first-instance judgment and the challenged judgment are signed by the presiding judge of the panel that rendered them. - InadmiCriminal Procedure · Source page ٤٦٦
- Principle 1685Failure to identify the panel that issued the judgment. No invalidity, so long as its members signed its draft.Criminal Procedure · Source page ٤٦٦
- Principle 1686The original copy of the judgment. Its signing by the presiding judge and the clerk and its preservation in the case file within three days of depositing the draft. Article 177 of the Procedures Code. An organizational mCriminal Procedure · Source page ٤٦٦
- Principle 1687What counts in judgments is what the judge pronounces in court. What appears in the reasons without clarifying or supporting the operative part. Is of no account. Example: the judgment's imposing a fine in its operative Criminal Procedure · Source page ٤٦٦
- Principle 1688Signing the draft judgment by all judges who heard the pleadings, participated in the deliberations and issued it. Not required on every page thereof. Signing at the end of the draft is sufficient. - The original copy ofCriminal Procedure · Source page ٤٦٧
- Principle 1689The absence of the judge who heard the pleadings from the hearing for pronouncement of the operative part. It does not vitiate the judgment where he affixed his signature to the draft, indicating his participation in theCriminal Procedure · Source page ٤٦٧
- Principle 1690Signature of the draft judgment containing its reasons and operative part by the judges who heard the pleadings. The appellant's failure to dispute this. Its implication is that the panel that heard the pleadings was theCriminal Procedure · Source page ٤٦٧
- Principle 1691The signature of the presiding judge of the panel that issued the judgment at the end of its final page. Its sufficiency.Criminal Procedure · Source page ٤٦٧
- Principle 1692Invoking the invalidity of the judgment for failure to sign it within the prescribed time. Its condition. Obtaining a certificate to that effect from the court registry.Criminal Procedure · Source page ٤٦٧
- Principle 1693The judge’s signature on the draft judgment before it is challenged suffices. The condition for this. - The judgment’s omission to mention that particular. Does not vitiate it. The basis for this. Example.Criminal Procedure · Source page ٤٦٧
- Principle 1698The court of first instance’s hearing of the appellant’s opposition to the default judgment it issued against him. Its source is the law. A complaint that the panel which issued the judgment was disqualified. Has no basiCriminal Procedure · Source page
- Principle 1699The Court of Appeal is not obliged to reverse the appealed judgment if it considers that a correct part of it should be retained; it may amend it. The reason for this.Criminal Procedure · Source page
- Principle 1700Participation in deliberation by judges other than those who heard the pleadings. Impermissible. Article 112 of the Civil Procedure Law. - The judgment must include a statement of the names of the judges who participatedCriminal Procedure · Source page
- Principle 1703The Court of Cassation may of its own motion, and each of the parties may, raise grounds relating to public order for the first time before it. - The Prosecution's objection that the challenged judgment is invalid becausCriminal Procedure · Source page