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. الصفة والمصلحة في الطعن

    Principle 1771The imprisonment imposed on the appellant for the offence of causing permanent disability falling within the limits of the penalty prescribed for causing grievous harm. The complaint that the disability may have resultedCriminal Procedure · Source page ٤٨٧
  2. Principle 1772The justified penalty. Its effect. Absence of the appellant’s interest in challenging the judgment for flawed inference in establishing the intent to kill and the circumstance of premeditation.Criminal Procedure · Source page ٤٨٧
  3. Principle 1773Lodging an appeal on behalf of the civil claimant by a lawyer who, at the time of lodging it, does not hold a power of attorney authorizing that right. Its effect. Formal inadmissibility of the appeal. What does not alteCriminal Procedure · Source page ٤٨٧
  4. Principle 1774Grounds for challenging the judgment. The condition for their admissibility. Their connection with the appellant personally and the existence of an interest therein. Absence of this. Its effect. Its inadmissibility.Criminal Procedure · Source page ٤٨٧
  5. Principle 1775The judgment declaring the appeal inadmissible in form coinciding in its result with a judgment dismissing the appeal. Its effect. The appellant's interest in the challenge falls away, such that cassation would serve no Criminal Procedure · Source page ٤٨٧
  6. Principle 1776The Public Prosecution’s challenge against the judgment in the convicted person’s interest. Permissible even if it has no particular interest in the challenge.Criminal Procedure · Source page ٤٨٧
  7. Principle 1777Grounds of challenge. Only those connected with the appellant personally and in which he has an interest are admissible. Example.Criminal Procedure · Source page ٤٨٧
  8. Principle 1778The Public Prosecution's appealing judgments without having—as a prosecuting authority—a particular interest, where the interest is instead that of the convicted person. Permissible. The reason for this. - 487 - CriminalCriminal Procedure · Source page ٤٨٧
  9. Principle 1779The Juveniles Law permitting the issuance of a power of attorney by the guardian of a juvenile who has not attained eighteen years of age. Its implication. Exceeding this age completes procedural capacity, requiring thatCriminal Procedure · Source page ٤٨٨
  10. Principle 1780Offences that are indivisibly connected and committed for a single purpose. Their perpetrator is punished with the penalty prescribed for the most serious of them. Article 84 of the Penal Code. - The Unified Customs Law Criminal Procedure · Source page ٤٨٨

  11. إجراءات الطعن

    Principle 1782The appellant's failure to appear when his appeal is heard. Ruling that the appeal be deemed never to have existed. Discretionary for the court. Article 204 of the Criminal Procedures and Trials Law. Reason therefor. TheCriminal Procedure · Source page ٤٨٨
  12. Principle 1783Submission of the Public Prosecution's memorandum of grounds within the statutory time limit. Effect thereof. - 488 - Criminal Procedures and Trials - The law does not require service of the memorandum of grounds on the Criminal Procedure · Source page ٤٨٨
  13. Principle 1785The methods that must be followed in serving documents in criminal matters, including the summons to appear. Their nature. An example. - The absence from the papers of an expression by the appellant of his wish to designCriminal Procedure · Source page ٤٨٩
  14. Principle 1787An official holiday coinciding with the last day of the period for appeal in cassation. Its effect. Extension of the period for lodging the appeal and filing the grounds until the following day. Example.Criminal Procedure · Source page ٤٨٩
  15. Principle 1788The appeal period. Twenty days from the date of pronouncement of the judgment rendered in the presence of the accused. Article 201, Criminal Procedure. - An imprisoned accused. Submits his appeal through the prison goverCriminal Procedure · Source page ٤٨٩
  16. Principle 1789The mere restriction of the appellant’s liberty and his presence in prison. Is not an excuse preventing the lodging of an appeal within the time limit. The reason for this. - 489 - Criminal Procedures and Trials - The prCriminal Procedure · Source page ٤٨٩
  17. Principle 1790Appeal in criminal matters. A personal right vested in the litigant, exercised by him personally or through an agent whom he authorizes to appeal. - The appeal petition's omission of the number of the power of attorney eCriminal Procedure · Source page ٤٩٠
  18. Principle 1791Lodging the notice of challenge. The basis upon which the court is seised thereof. Filing the grounds on which the challenge is based within the time limit. A condition for its admissibility. - Lodging the notice of chalCriminal Procedure · Source page ٤٩٠

  19. نطاق الطعن

    Principle 1792The time limit for challenging the judgment rendered on an opposition. It begins on the day it is rendered whenever the opposing party’s failure to attend the hearing fixed for consideration of his opposition is attributCriminal Procedure · Source page ٤٩٠
  20. Principle 1793The ancillary nature of the civil action to the criminal action. Its effect. It is governed by the same rules regarding the conduct of the trial, judgments and challenges thereto in terms of procedures and time limits. TCriminal Procedure · Source page ٤٩١
  21. Principle 1794The ruling on an appeal in cassation shall accord with the true nature of the defect affecting the judgment whenever the ground of appeal encompasses it.Criminal Procedure · Source page ٤٩١
  22. Principle 1795Lodging an appeal otherwise than in the manner prescribed by law. Its effect. Its inadmissibility.Criminal Procedure · Source page ٤٩١
  23. Principle 1796Bringing a criminal action against the female victim. Does not preclude holding the appellant accountable for the acts of which the judgment convicted him.Criminal Procedure · Source page ٤٩١
  24. Principle 1797The appeal petition. May not be supplemented by anything external to it. - The Public Prosecution’s appeal against the first-instance judgment on grounds of proof. Its implication: it challenges the acquittal ordered by Criminal Procedure · Source page ٤٩١
  25. Principle 1798An appeal is lodged by a petition submitted to the registry of the court that rendered the judgment. Article 202, Criminal Procedures and Trials Law. - The appeal petition. Is the reference for identifying the limits of Criminal Procedure · Source page ٤٩١

  26. أسباب الطعن

    Principle 1799The reference for determining the scope of an appeal in cassation. The notice of appeal. Supplementing its particulars with evidence external to it and not derived from it. Impermissible. Example. 5- Grounds of challengeCriminal Procedure · Source page ٤٩٢
  27. Principle 1800- The appellant’s failure to specify, in the grounds of his challenge, the nature of the defense he presented before the Court of Appeal. An inadmissible ground of challenge. His reference to the minutes of that court’s Criminal Procedure · Source page ٤٩٢
  28. Principle 1801A definite request is one which the court is obliged to grant or answer. An implicit answer. Permissible.Criminal Procedure · Source page ٤٩٢
  29. Principle 1802An unequivocal request. Its nature. An example of a request that is not unequivocal. - Argument on the merits. Not permissible before the Court of Cassation.Criminal Procedure · Source page ٤٩٢
  30. Principle 1803A request not directed at negating the act constituting the offence or establishing the impossibility of the incident occurring does not require an express response in the judgment when rejected. The limit of that.Criminal Procedure · Source page ٤٩٢
  31. Principle 1804A challenge to the identification procedure conducted by the police has no basis so long as it was not relied upon in its ruling. - 492 - Criminal Procedures and TrialsCriminal Procedure · Source page ٤٩٢
  32. Principle 1806Challenging the propriety of procedures preceding the trial. Cannot constitute a ground for challenging the judgment.Criminal Procedure · Source page ٤٩٣
  33. Principle 1807Inadmissibility of a challenge on any grounds concerning the merits so long as the challenged judgment decided only the procedural admissibility of the appeal.Criminal Procedure · Source page ٤٩٣
  34. Principle 1808An order that execution of the sentence imposed on the appellant for one charge overlap with execution of a sentence imposed on him for another charge established against him. Its effect. Challenging the first charge is Criminal Procedure · Source page ٤٩٣
  35. Principle 1809The court's conclusion that the seizure of the criminal investigation department's money together with the narcotic in the appellant's pocket suffices to sustain the judgment's conviction. The objection concerning the seCriminal Procedure · Source page ٤٩٣
  36. Principle 1810The grounds of appeal relating to the reasons of the first-instance judgment. Its effect. Their inadmissibility because they do not address any part of the appellate judgment's ruling. Example.Criminal Procedure · Source page ٤٩٣
  37. Principle 1811For a ground of challenge to be admissible, it must be clear and specific. Example of an unspecified ground of challenge.Criminal Procedure · Source page ٤٩٣
  38. Principle 1812Faulting the pretrial procedures. Cannot validly constitute a ground for challenging the judgment. A complaint in this regard. Inadmissible. Example.Criminal Procedure · Source page ٤٩٣

  39. الأحكام الجائز وغير الجائز الطعن فيها

    Principle 1813Alleging defects in pretrial procedures. Cannot constitute a ground for challenging the judgment. A challenge in this respect. Is misplaced. - 493 - Criminal Procedures and Trials 6- Judgments that may and may not be chaCriminal Procedure · Source page ٤٩٣
  40. Principle 1814Inadmissibility of challenging criminal judgments by way of a petition for reconsideration. Basis thereof.Criminal Procedure · Source page ٤٩٤
  41. Principle 1815Inadmissibility of a challenge by the civil claimant against the judgment rendered in the criminal action.Criminal Procedure · Source page ٤٩٤
  42. Principle 1816The jurisdiction of criminal courts to decide the civil action. Its condition. An example concerning the permissibility of a challenge by the civil claimant to the judgment issued in the civil action when acquittal is orCriminal Procedure · Source page ٤٩٤
  43. Principle 1817The felony court's relinquishment of the civil action by referring it to the competent court. A ruling that does not terminate the litigation and does not entail preventing the proceedings from continuing. Its effect. ThCriminal Procedure · Source page ٤٩٤
  44. Principle 1818Referral of the civil action to the civil court. Appealing this ruling. Impermissible. The rationale therefor. It is a judgment that does not terminate the litigation.Criminal Procedure · Source page ٤٩٤
  45. Principle 1819The right to challenge. The determining consideration is the characterisation of the act as charged in the action, not what the court adjudicates. - A judgment issued in a felony matter. May be appealed in cassation evenCriminal Procedure · Source page ٤٩٤
  46. Principle 1822The appealed judgment being affected by a substantive or formal defect that cannot be rectified. Requires the appellate court to issue a new judgment in the action without remitting it to the court of first instance. TheCriminal Procedure · Source page ٤٩٥
  47. Principle 1823The court may order the placement of a person proven to be addicted to narcotics in a treatment institution instead of the prescribed penalty for the offense of possessing narcotics with intent to use them. Article 32/2,Criminal Procedure · Source page
  48. Principle 1824Only the first-instance judgment having adjudicated the merits of the case, not the appellate judgment - 495 - Criminal Procedures and Trials challenged, which correctly ruled that the appeal was inadmissible in form. ItCriminal Procedure · Source page
  49. Principle 1825Failure to submit the grounds of the challenge. Warrants a ruling declaring the challenge procedurally inadmissible. The reason and basis for that. - The Criminal Court or the Misdemeanor Appellate Court may determine a Criminal Procedure · Source page
  50. Principle 1826The Judicial Disciplinary Council. A judicial body that is not part of the organisational structure of the ordinary courts. Challenging a judgment issued by it through cassation. Not permissible. - Judgments of the JudicCriminal Procedure · Source page
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