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. بوجه عام

    Principle 111The duties imposed by law on police officers. Their nature. Conducting inquiries and obtaining all clarifications and preliminary evidence leading to proof or disproof of the reported facts, hearing the statements of thoCriminal Procedure · Source page ١٤١
  2. Principle 112The existence of justification for an investigatory stop. Its consequence. A police officer may not arrest or search the person stopped, even if serious indications exist of the commission of a felony or misdemeanour. HeCriminal Procedure · Source page ١٤٢
  3. Principle 113Statements, confessions or a defence presented by the accused to a police officer during preparation of the inquiry report. They must be recorded in that report.Criminal Procedure · Source page ١٤٢
  4. Principle 114Possession of a narcotic substance. A material fact. The court of merits may infer whether it was for the purpose of trafficking or otherwise. Its condition. Basing it on what supports that inference. For this purpose, tCriminal Procedure · Source page ١٤٢
  5. Principle 115The trial court’s reliance on police inquiries as circumstantial evidence corroborating the evidence it has cited. Its condition.Criminal Procedure · Source page ١٤٢
  6. Principle 116Inquiries, investigations and methods of detecting offences. The police officer need not undertake them himself. He may seek the assistance of his aides therein. Condition thereof. - 142 - Criminal Procedures and Trials.Criminal Procedure · Source page ١٤٢
  7. Principle 117Assessment of the seriousness and sufficiency of the inquiries for issuance of a search warrant. A factual matter for the investigating authority under the supervision of the trial court. - Disclosure of the source of thCriminal Procedure · Source page ١٤٣
  8. Principle 118Assessment of the seriousness and sufficiency of inquiries for issuing a search warrant. For the investigating authority under the supervision of the trial court. - The police officer's non-disclosure of his confidentialCriminal Procedure · Source page ١٤٣
  9. Principle 119The absence of accusations from the appellant’s criminal record and the inquiries’ failure to establish any activity by him in trafficking in narcotic substances. Does not undermine the incriminating evidence of which thCriminal Procedure · Source page ١٤٣
  10. Principle 120Inquiries alone. Do not constitute evidence for conviction. - The absence from the case papers of reliable evidence capable of supporting the accused's conviction. Requires a judgment acquitting him. Example.Criminal Procedure · Source page ١٤٣
  11. Principle 121The officer having derived the inquiries from the reporting person. Does not detract from their diligence. The reason for this. Example.Criminal Procedure · Source page ١٤٣
  12. Principle 122The court being satisfied as to the seriousness of the inquiries on which the search warrant was based and their sufficiency to justify its issuance, and approving the Prosecution's action in this regard: its view is notCriminal Procedure · Source page ١٤٣
  13. Principle 123Failure to specify the type of narcotic in which the person under inquiry deals or to state in the inquiry report the places where he carries on his activity, or the absence of information recorded with the police agenciCriminal Procedure · Source page ١٤٣
  14. Principle 124Failure to specify the place where the narcotics were concealed in the seizure report. Does not in itself impugn the seriousness of the inquiries. The ground of challenge in this respect. Inadmissible.Criminal Procedure · Source page ١٤٤
  15. Principle 125Incorrectly stating the accused's age, description or address in the preliminary inquiry report. Has no effect on the seriousness of the inquiries it contains, so long as he is the person intended by the warrant. The judCriminal Procedure · Source page ١٤٤
  16. Principle 126The law does not mandatorily require the police officer personally to undertake the inquiries and searches on which the search warrant is based. In what he conducts, he may seek assistance from his aides among the generaCriminal Procedure · Source page ١٤٤
  17. Principle 127Failure to record the detectives’ numbered money in the inquiry and arrest reports, and withholding the names of the accompanying force. Does not detract from the officer’s testimony or its sufficiency.Criminal Procedure · Source page ١٤٤
  18. Principle 128Assessment of the diligence of inquiries and their sufficiency for issuing a search order. A factual matter for the investigating authority under the supervision of the court of merits. Its ascertaining the seriousness oCriminal Procedure · Source page ١٤٤
  19. Principle 129Receiving reports and conducting the necessary inquiries. Are among the duties imposed by law on police officers. They may obtain preliminary evidence leading to proof or disproof of the facts reported to them or which tCriminal Procedure · Source page ١٤٤
  20. Principle 130Failure to state in the police inquiry report how the crime was committed, the weapon and vehicle used in the incident, and the personal particulars of the appellant or the confidential source. Does not detract from the Criminal Procedure · Source page ١٤٥
  21. Principle 131The investigator’s questioning the police officer about the inquiries and preliminary evidence on which he bases the request for an arrest and search warrant. Not necessary. A challenge on that ground. Unfounded.Criminal Procedure · Source page ١٤٥
  22. Principle 132Assessment of the seriousness and sufficiency of inquiries for issuing a search warrant. For the investigating authority under the supervision of the trial court, without review. A challenge thereto. Incorrect. An error Criminal Procedure · Source page ١٤٥
  23. Principle 133The judgment’s inference, from inquiries that revealed nothing contrary to what the parties to the incident stated, that the appellant committed the theft. Does not vitiate it. The allegation that it contradicts what is Criminal Procedure · Source page ١٤٥
  24. Principle 134The requirement that legal truths in criminal matters be. The requirement that they be based on actual certainty. Establishing them through conjecture and assumptions. Is not valid. Example. - Police inquiries. Cannot alCriminal Procedure · Source page ١٤٥

  25. الدفع بعدم جدية التحريات

    Principle 135The challenged judgment's reliance on the inquiries as part of the witness's testimony, without relying on them as independent evidence. The appellant's contention in this regard is unsound. 2- The plea that the inquirieCriminal Procedure · Source page ١٤٦
  26. Principle 136A plea that the inquiries lacked seriousness. A legal defence intermingled with fact, and therefore may not be raised for the first time before the Court of Cassation.Criminal Procedure · Source page ١٤٦
  27. Principle 137The challenge alleging nullity of the inquiries raised after expiry of the appeal period. A new ground that is inadmissible.Criminal Procedure · Source page ١٤٦
  28. Principle 138The plea of invalidity of the police inquiries, apprehension, and search is a legal plea involving questions of fact which may not be raised for the first time before the Court of Cassation. The condition for this.Criminal Procedure · Source page ١٤٦
  29. Principle 139Deficiency in the preliminary investigation and inquiries cannot constitute a ground for challenging the judgment. The reason for this.Criminal Procedure · Source page ١٤٦
  30. Principle 140Assessment of the seriousness and sufficiency of inquiries for issuing a search order. A matter of fact. - The judgment's surplus remarks when responding to the plea that the inquiries lacked seriousness, and concerning Criminal Procedure · Source page ١٤٦
  31. Principle 141The plea that the apprehension and search occurred before the warrant authorising them was issued. A matter of fact. What suffices to answer it. Assessment of the seriousness and sufficiency of the inquiries for issuanceCriminal Procedure · Source page ١٤٦
  32. Principle 142A judicial police officer may seek the assistance of his aides in the inquiries he conducts. The officer's conducting them himself or having prior knowledge of the person under inquiry. Not required. - 146 - Criminal ProCriminal Procedure · Source page ١٤٦
  33. Principle 143The judgment’s rejection of the plea that the inquiries lacked seriousness because the court was satisfied of their seriousness. Its sufficiency. - The Public Prosecution’s conducting an investigation before issuing the Criminal Procedure · Source page ١٤٧
  34. Principle 144Assessment of the seriousness and sufficiency of inquiries to justify a search warrant. For the investigating authority under the supervision of the trial court. The accused's plea that this procedure is invalid. Its effCriminal Procedure · Source page ١٤٧
  35. Principle 145Pleading the nullity of a procedure or challenging the judgment on its account. Its condition. Standing must exist, in that it must emanate from the person against whom it occurred. - The plea that the inquiries conducteCriminal Procedure · Source page ١٤٧
  36. Principle 146The objection to the judgment for relying on the officer’s statements although he did not witness the incident, and for accepting his inquiries, which may not be accepted. It being established that the judgment did not rCriminal Procedure · Source page ١٤٧

  37. أ- الاستيقاف

    Principle 147The appellant’s challenge to the judgment for failing to respond to his plea of the invalidity of the search warrant and the invalidity of the arrest and search and their consequences because they occurred before the warCriminal Procedure · Source page ١٤٧
  38. Principle 150Stopping a person to inquire about identity details. A necessary measure for the inquiries conducted by the police officer. Taking the person to the police station. Its condition. The existence of indications of the commCriminal Procedure · Source page ١٥١
  39. Principle 151An investigative stop. It is a procedure carried out by a police officer in the course of investigating and detecting offences and their perpetrators where a person voluntarily and of his own choice places himself in a pCriminal Procedure · Source page ١٥١
  40. Principle 152A private boat or motorboat in its owner's possession. May not be searched except in the circumstances and subject to the controls prescribed by law. Its owner's abandonment of it after being stopped to ascertain his sitCriminal Procedure · Source page ١٥١
  41. Principle 153The existence of justification for an investigative stop. Its implication. The police officer may not arrest or search the person stopped, even if serious indications exist that he has committed a felony or misdemeanour.Criminal Procedure · Source page ١٥١
  42. Principle 154The accused's attempt to flee permits police officers to stop him to ascertain his true circumstances and investigate his situation. The condition for this. - Stopping the appellant and the remaining accused before they Criminal Procedure · Source page ١٥٢
  43. Principle 155The mere fact that the first accused rode with the appellant in the latter's car and waited for him, and that the appellant was seen unsteady, stammering in speech, with reddened eyes, or in an abnormal state. Does not aCriminal Procedure · Source page ١٥٢
  44. Principle 156An investigative stop is a procedure carried out by a police officer in the course of investigating an offence and detecting its perpetrators, and is warranted by suspicion justified by the circumstances. - Restriction oCriminal Procedure · Source page ١٥٢
  45. Principle 158An investigative stop is a measure undertaken by a public authority officer in the course of inquiring into crimes and identifying their perpetrators, and is justified by suspicion warranted by the circumstances. It is pCriminal Procedure · Source page ١٥٣
  46. Principle 159An investigatory stop. Its nature. Its assessment. A matter of fact. - The judgment's rejection of the appellant's plea that his stop was invalid, based on what the judgment stated concerning the existence of grounds forCriminal Procedure · Source page ١٥٣
  47. Principle 160An investigatory stop does not justify a police officer’s searching the person stopped, even where serious indications exist that he has committed a felony or misdemeanour. He may escort him to the police station and seeCriminal Procedure · Source page ١٥٤
  48. Principle 161An investigatory stop is a measure taken by a police officer to inquire into offences and identify their perpetrators. It is warranted by suspicion justified by the circumstances where a person voluntarily and of his ownCriminal Procedure · Source page ١٥٤
  49. Principle 162The permissibility of a police officer stopping the appellant’s car to inspect his driving licence and its registration booklet. The basis thereof. - The police officer’s discovery, incidentally and without seeking it, oCriminal Procedure · Source page ١٥٤
  50. Principle 163Stopping a person to inquire about identity details. A necessary measure for the inquiries conducted by - 154 - Criminal Procedures and Trials. The police officer. Taking the person to the police station. Its condition. Criminal Procedure · Source page
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