المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
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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. توقيع الحكم وإصداره

    Principle 1704The judgment must be rendered by a majority of the opinions of the court's judges. Recording this statement in the judgment is not necessary. Basis thereof. Article 175, Criminal Procedures and Trials. The appellant's chCriminal Procedure · Source page ٤٦٩

  2. الخطأ المادي في الحكم

    Principle 1705Applicability of the provisions of the Civil and Commercial Procedure Law in cases where the judge is disqualified from deciding the action. Article 173 of the Criminal Procedures and Trials Law. - Cases in which the judCriminal Procedure · Source page ٤٦٩
  3. Principle 1706The contradiction that vitiates a judgment. Its nature. - The appellate court's expression in the reasons for its judgment of its affirmation of the deportation penalty in the appealed judgment. Its omission to stipulateCriminal Procedure · Source page ٤٧١
  4. Principle 1707Clerical error. Does not affect the validity of the proceedings. An example concerning recording the date in the prosecution's investigation record as a date preceding the arrest report.Criminal Procedure · Source page ٤٧١
  5. Principle 1709The hearing minutes supplement the judgment in respect of the names of the accused, the name of the court that issued it, and the other particulars of the preamble. - A clerical error in the judgment does not impair its Criminal Procedure · Source page ٤٧١
  6. Principle 1710The statement concerning the accused's presence or absence. Is not among the particulars exhaustively listed by the legislature and required to be included in the judgment document. Writing the name of another accused inCriminal Procedure · Source page ٤٧١
  7. Principle 1711A clerical error in the judgment. It has no effect on its ruling. Example. - 471 - Criminal Procedure and TrialsCriminal Procedure · Source page ٤٧١

  8. "قوة الأمر المقضي وسابقة الفصل في الدعوى"

    Principle 1712A clerical error in the date of the judgment. Has no effect on its validity, provided that the hearing minutes include the correct date. - What governs the date of issuance of the judgment is the actual reality, not whatCriminal Procedure · Source page ٤٧٢
  9. Principle 1713The plea that the case may not be heard because it has previously been adjudicated. A matter of public order. May be raised for the first time before the Court of Cassation. The condition for this.Criminal Procedure · Source page ٤٧٢
  10. Principle 1714The plea that the action may not be heard because it has previously been adjudicated. It may be raised for the first time before the Court of Cassation because it concerns public order. Its condition. That its constituenCriminal Procedure · Source page ٤٧٢
  11. Principle 1716A judgment issued by the martial-law court. Its non-ratification by the competent authority during the period in which martial law was in force. Its effect. Its extinction and the erasure of its binding force, without prCriminal Procedure · Source page ٤٧٢
  12. Principle 1717The criterion for the binding authority of judgments is identity of parties, subject matter and cause. Identity of cause. Its meaning. An example of the absence of binding authority where a narcotic seized differs from tCriminal Procedure · Source page ٤٧٣
  13. Principle 1719The criminal enforcement authority’s statement that the draft judgment has been lost. Inability to obtain an official copy of it and fulfil all procedures prescribed for the challenge. Necessitates: formal admission of tCriminal Procedure · Source page ٤٧٣
  14. Principle 1720The judge must be allowed freedom when trying the accused. The implication: he is not bound by anything contained in a judgment issued concerning another incident involving the same accused, irrespective of any contradicCriminal Procedure · Source page ٤٧٣
  15. Principle 1721The binding authority of judgments. Its criterion: identity of parties, subject matter, and cause. - Identity of cause: that the incident for which the accused is tried is the very incident that was the subject of the prCriminal Procedure · Source page ٤٧٣
  16. Principle 1726The plea that the action may not be heard because it has previously been adjudicated. Material, and the court rules upon it of its own motion. Reason therefor: its connection with public order. It may be invoked at any sCriminal Procedure · Source page ٤٧٤
  17. Principle 1727The plea of res judicata in criminal matters. What is required for its validity. - Identity of cause requires that the incident for which the accused is being tried be the very same incident that was the subject of the pCriminal Procedure · Source page ٤٧٥

  18. إيقاف تنفيذ الحكم

    Principle 1729The binding force of a non-criminal judgment. Its criterion. - The trial court's doubt as to the correctness of attributing the charge to the accused is sufficient for acquittal. The condition for this. An example of reaCriminal Procedure · Source page ٤٧٥

  19. بطلان الحكم

    Principle 1730Refraining from pronouncing punishment or ordering suspension of execution of the judgment on account of payment of the value of the cheque. Its assessment. Left to the judge's discretion and the opinion he reaches. ElevCriminal Procedure · Source page ٤٧٦
  20. Principle 1731The requirement of confidentiality for juvenile court hearings and the prohibition on attendance by anyone other than the juvenile, his relatives, witnesses, lawyers, probation officers, and those whom the court permits Criminal Procedure · Source page ٤٧٦
  21. Principle 1732The provision requiring the presiding judge and hearing clerk to sign the original copy of the judgment within three days of depositing the draft. An organisational procedure.Criminal Procedure · Source page ٤٧٦
  22. Principle 1734The first-instance judgment’s use of the term confiscation as a supplementary penalty without specification. Its import. Confiscation of everything seized, including the items it mentioned in its text contrary to realityCriminal Procedure · Source page ٤٧٦
  23. Principle 1735The court must ascertain that the accused has been served before determining the case in his absence. The basis for this. The court's adjudication despite the absence from the papers of anything indicating lawful serviceCriminal Procedure · Source page ٤٧٧
  24. Principle 1736The Court of Cassation may of its own motion, and the parties may, raise grounds relating to public order for the first time before it, even if they were not previously invoked in the memorandum of grounds of appeal withCriminal Procedure · Source page ٤٧٧
  25. Principle 1737The judge’s prior expression of an opinion on the dispute before him, his performance of an act that gives him an opinion on the case, or his taking a measure that reveals his point of view. Among the grounds for his disCriminal Procedure · Source page ٤٧٧
  26. Principle 1739The appellate court registry must notify the accused and the other litigants of the date of the hearing fixed for consideration of the appeal. Article 203, Criminal Procedures. - The court must ascertain that the accusedCriminal Procedure · Source page ٤٧٧
  27. Principle 1741The appellant and all other parties must be served with notice of the hearing scheduled for consideration of the appeal, and the court must verify the validity of service. Failure to do so. Invalidates the judgment and rCriminal Procedure · Source page ٤٧٨
  28. Principle 1742The investigating public prosecutor’s recording that there was a medical bandage on the appellant’s leg and that he leaned on a crutch. The judgment’s reliance on his confession and those of others, and its limiting its Criminal Procedure · Source page ٤٧٨
  29. Principle 1743The plea of invalidity of the arrest. A substantial ground of defence. It must be discussed and answered whenever the judgment relies on evidence derived from that arrest. Failure to do so: a deficiency invalidating the Criminal Procedure · Source page ٤٧٨
  30. Principle 1747The Civil Procedure Law. Its application to circumstances in which a judge is disqualified from hearing the case, circumstances in which his recusal may be sought, and recusal procedures. Article 173 of the Procedure LawCriminal Procedure · Source page ٤٧٩
  31. Principle 1748The court's omission to inspect the document forming the subject of the forgery case when hearing it. Vitiates - 479 - Criminal Procedures and Trials the trial proceedings. The rationale therefor: it is an essential triaCriminal Procedure · Source page ٤٧٩

  32. سقوط الحكم

    Principle 1750An appeal in cassation against a judgment ordering suspension of execution of the penalty and exemption from it. Its effect: lapse of the appeal upon the lapse of the judgment.Criminal Procedure · Source page ٤٨١
  33. Principle 1751Death of the person sentenced to punishment before expiry of the appeal period or before the appeal is decided. Its effect. Lapse of the first-instance judgment and extinguishment of the criminal action against him.Criminal Procedure · Source page ٤٨١

  34. أولاً: وصف الحكم

    Principle 1753The offenses of battery causing severe bodily pain and entering a dwelling with intent to commit an offense. Among the offenses exhaustively listed in Article 240 of Criminal Procedures and Trials. Settlement and individCriminal Procedure · Source page ٤٨١
  35. Principle 1754The accused's attendance at the hearing of pleadings and presentation of his defence therein. Its effect. The judgment rendered in the case is deemed rendered in his presence even if the accused does not attend the heariCriminal Procedure · Source page ٤٨٢
  36. Principle 1755A judgment declaring an opposition inadmissible. It is a procedural judgment. The appeal is confined to it, to the exclusion of the default judgment opposed. The reason for that. Their non-merger. Unlike the judgment conCriminal Procedure · Source page ٤٨٢

  37. جواز الطعن

    Principle 1756A judgment rendered in the accused's presence. The time limit for appealing it begins on the date of its issuance. Restriction of the accused's liberty by his being in prison. Is not considered an excuse preventing him fCriminal Procedure · Source page ٤٨٢

  38. الصفة والمصلحة في الطعن

    Principle 1757Examination of whether the judgment may be appealed precedes examination of the form of the appeal against it. 2- Standing and interest in the appeal:-Criminal Procedure · Source page ٤٨٥
  39. Principle 1758The appellant has no interest in asserting the absence of the circumstances of coercion and threat in the offences of sexual intercourse and indecent assault attributed to him, so long as the judgment punished him for boCriminal Procedure · Source page ٤٨٥
  40. Principle 1759Treating the offences charged against the accused as connected. Imposing the minimum penalty prescribed for the most serious offence. Signifies that the court could have imposed a lesser penalty than it did had it excludCriminal Procedure · Source page ٤٨٥
  41. Principle 1760The Public Prosecution is an impartial litigant. The effect of this on its interest in challenging judgments. What suffices for the existence of that interest.Criminal Procedure · Source page ٤٨٥
  42. Principle 1761The natural guardian of a convicted person who has exceeded 18 years of age. His filing an appeal against the judgment on that person's behalf. Inadmissible. Reason for that. The latter's full criminal procedural capacitCriminal Procedure · Source page ٤٨٥
  43. Principle 1762The appellant has no interest in what he raises concerning the possibility of the seized narcotic having been thrown onto the balcony of his residence, so long as the judgment established the presence of a narcotic in thCriminal Procedure · Source page ٤٨٥
  44. Principle 1763Absence of an interest in challenging the judgment on the part of the Public Prosecution as the prosecuting authority and the convicted person. Its effect. Inadmissibility of the challenge. - 485 - Criminal Procedures anCriminal Procedure · Source page ٤٨٥
  45. Principle 1764The appellant has no interest in challenging the judgment on account of the absence of the circumstance of premeditation so long as the sentence imposed falls within the issuance of the punishment prescribed for the offeCriminal Procedure · Source page ٤٨٦
  46. Principle 1765The penalty imposed on the appellant for what was attributed to him falling within the penalty prescribed for the offence of possession of a narcotic without any of the specified purposes. The absence of the appellant's Criminal Procedure · Source page ٤٨٦
  47. Principle 1766Lodging an appeal by the lawyer of the civil claimant in that capacity under a power of attorney that does not include that capacity. Its effect. The appeal's formal inadmissibility.Criminal Procedure · Source page
  48. Principle 1767The penalty imposed by the judgment falling within the range of the penalty prescribed for the offence without the aggravating circumstance. Its effect. Inadmissibility of the challenge disputing the existence of that ciCriminal Procedure · Source page
  49. Principle 1768An appeal by one party to the action reopens the dispute for that party’s benefit. Except for an appeal by the Public Prosecution, which transfers the entire dispute relating to the criminal action for the benefit of botCriminal Procedure · Source page
  50. Principle 1769The judgment's conclusion that the offences attributed to the appellant are indivisibly linked, and its imposition on the appellant of the penalty for the most serious offence. Challenging the other offences. InadmissiblCriminal Procedure · Source page
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