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. الأحكام الجائز وغير الجائز الطعن فيها

    Principle 1827The Public Prosecution's allowing its right to appeal the first-instance court's judgment to lapse. Its effect: the latter judgment acquires the force of res judicata, and the avenue of challenging it in cassation is cloCriminal Procedure · Source page ٤٩٦
  2. Principle 1828Criminal judgments. Are not subject to challenge by a petition for reconsideration. The basis therefor. Recourse in this regard to the Civil and Commercial Procedure Code to fill any gap in the Criminal Procedure Code. ICriminal Procedure · Source page ٤٩٦
  3. Principle 1829The determining consideration for the permissibility of a challenge is the characterisation of the act as charged in the action, not the characterisation conferred upon it by the court. - Bringing the criminal action agaCriminal Procedure · Source page ٤٩٦
  4. Principle 1830Judgments issued in civil actions by criminal courts. May be appealed. Whenever they would be appealable had they been issued by civil courts. Article 200, Criminal Procedures and Trials. - Challenging judgments issued dCriminal Procedure · Source page ٤٩٧
  5. Principle 1831The Public Prosecution allowing its right to appeal the first-instance judgment to lapse. Its acquisition of res judicata effect and closure of the avenue of appeal in cassation to the Public Prosecution. The condition fCriminal Procedure · Source page ٤٩٧
  6. Principle 1832Rules governing the right to challenge judgments. What governs is the characterization of the incident as charged in the action, not what the court rules concerning it. Example.Criminal Procedure · Source page ٤٩٧
  7. Principle 1833Judgments rendered in criminal matters before determination of the merits. May not be challenged unless they prevent the proceedings from continuing. An example of staying consideration of the Public Prosecution's appealCriminal Procedure · Source page ٤٩٧

  8. نظر الطعن والفصل فيه

    Principle 1834Methods of challenging criminal judgments are governed by the law in force when the judgment challenged was rendered. - The rule is that the provisions of laws apply to events occurring from their effective date, unless Criminal Procedure · Source page ٤٩٧
  9. Principle 1835A default judgment acquitting the accused. Not prejudicial to him. The Public Prosecution’s appeal against this judgment requires the appellate court to hear and determine it. The court’s ruling staying consideration of Criminal Procedure · Source page ٤٩٨
  10. Principle 1836The impermissibility of challenging judgments issued before determination of the merits. Its condition. That the judgment result in preventing the action from proceeding. Absence of that condition. Its effect. - A judgmeCriminal Procedure · Source page ٤٩٨
  11. Principle 1837Criminal judgments that may be appealed. Their nature. They are judgments deciding the merits and terminating the litigation before the court. - The judgment's ruling rejecting the plea that the court lacks jurisdictionaCriminal Procedure · Source page ٤٩٨

  12. قاعدة ألا يضار الطاعن بطعنه

    Principle 1838Consideration of the formal admissibility of the appeal takes place after deciding its permissibility. - 498 - Criminal Procedures and Trials 8- The rule that an appellant must not be prejudiced by his appeal:-Criminal Procedure · Source page ٤٩٨
  13. Principle 1839Punishing the appellant with a penalty below the minimum prescribed for the offence of which he was convicted. The prosecution's failure to appeal. The appellant may not be prejudiced by his appeal. The Court of CassatioCriminal Procedure · Source page ٤٩٩
  14. Principle 1841The Court of Appeal’s omission to order deportation. A cassation appeal brought by the convicted person alone. There is no basis for imposing this penalty upon cassation of the judgment. The reason: an appellant must notCriminal Procedure · Source page ٤٩٩
  15. Principle 1842A determination to refrain from pronouncing punishment. The criterion for ordering it. Offences warranting a sentence of imprisonment. - The judgment's ruling to refrain from pronouncing punishment for the offence of kidCriminal Procedure · Source page ٤٩٩
  16. Principle 1843The offence of possessing narcotic substances with intent to trade. A fine must be imposed together with imprisonment. - The judgment’s omission to impose the fine prescribed for the offence of possessing a narcotic withCriminal Procedure · Source page ٤٩٩
  17. Principle 1844The accused alone challenging the judgment, without the prosecution, whose challenge was ruled impermissible to hear. Its effect: the court has no power to worsen his position. - 499 - Criminal Procedures and TrialsCriminal Procedure · Source page ٤٩٩
  18. Principle 1846The Court of Appeal's exercise of leniency towards the appellant pursuant to Article 83 of the Penal Code. Requires the Court of Cassation, if it quashes that judgment, to accord him a measure of leniency. Provided that Criminal Procedure · Source page ٥٠٠

  19. سقوط الطعن

    Principle 1847The first-instance judgment, upheld by the challenged judgment, omitting to impose the fine. The appeal in cassation being brought by the convicted person alone, without the Public Prosecution, which did not appeal the fCriminal Procedure · Source page ٥٠٠
  20. Principle 1848The convicted person's failure to surrender himself for execution of the custodial sentence imposed on him before the day of the scheduled hearing. Its effect.Criminal Procedure · Source page ٥٠٠
  21. Principle 1849The convicted person’s failure to surrender for execution of the sentence before the hearing fixed for consideration of the appeal brought by him. Its effect. Lapse of the appeal. The basis for this.Criminal Procedure · Source page ٥٠٠
  22. Principle 1850The appellate judgment accepting the pardon by the female victim’s father and legal guardian in respect of the judgment issued for her abduction and setting aside the conviction. Its effect. Lapse of the conviction, its Criminal Procedure · Source page ٥٠٠

  23. التنازل عن الطعن

    Principle 1852Only the person who brings a challenge benefits from it, and its benefit does not extend to anyone else. Criticizing the judgment for ruling an appeal inadmissible despite its subject matter being connected with another Criminal Procedure · Source page ٥٠١

  24. - وصف الحكم

    Principle 1853Waiver of a challenge is abandonment of the proceedings. The effects resulting therefrom. - 501 - Criminal Procedures and Trials - 502 - Criminal Procedures and Trials Third: Challenging judgments - Classification of theCriminal Procedure · Source page ٥٠١
  25. Principle 1854The accused’s attendance at the oral proceedings 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 hearing aCriminal Procedure · Source page ٥٠٥

  26. ميعاد المعارضة

    Principle 1855A judgment declaring an opposition inadmissible. Is a procedural judgment. The appeal is confined to it and does not extend to the judgment in absentia opposed. The reason for this. The two do not merge. Unlike a judgmenCriminal Procedure · Source page ٥٠٥
  27. Principle 1856The procedure that starts the period for challenge by opposition. - The Public Prosecution’s appeal against a default judgment still open to opposition, or in respect of which the opposition filed has not yet been decideCriminal Procedure · Source page ٥٠٩
  28. Principle 1857The time limit for challenging the judgment rendered on the opposition begins on the day it is rendered whenever the opponent's failure to attend is attributable to reasons beyond his control.Criminal Procedure · Source page ٥٠٩
  29. Principle 1858The time limit for opposition in felonies. One week beginning on the date the convicted person is personally served with the judgment or arrested. Article 188/1 of the Criminal Procedure Law. - Judgments that may be appeCriminal Procedure · Source page ٥٠٩
  30. Principle 1859The period for appealing a judgment issued on opposition. Begins on the date of its issuance and lasts twenty days. An appeal by an imprisoned accused. Is submitted through the prison governor. The basis for this. - The Criminal Procedure · Source page ٥٠٩
  31. Principle 1860The time limit for challenging the judgment rendered on the opposition. It begins on the day it is rendered whenever the opponent's failure to attend the hearing fixed for consideration of his opposition is attributable Criminal Procedure · Source page ٥٠٩

  32. إعلان المعارضة

    Principle 1861The appeal period. Twenty days from the date the judgment becomes no longer subject to opposition if rendered in absentia. - The opposition period. One week from the date of service of the judgment rendered in absentia. Criminal Procedure · Source page ٥١٠
  33. Principle 1862The opposing party must be served with notice of the opposition hearing personally or at his residence. Service upon him through the Public Prosecution. Its consequence: invalidity of the judgment deeming his opposition Criminal Procedure · Source page ٥١٠

  34. نظر المعارضة والفصل فيها

    Principle 1863Service on the accused through the Public Prosecution. When valid. If the domicile of the person summoned to appear is unknown. Example. - Acceptance of the accused’s opposition to the judgment in absentia. Its import. -Criminal Procedure · Source page ٥١٠
  35. Principle 1864An objector may not be prejudiced by his objection. The judgment’s contravention of this. An error of law. Requires its partial cassation and correction. Example.Criminal Procedure · Source page ٥١١
  36. Principle 1865Judgment on the opposition without hearing the opponent's defence. The condition for its validity. That the opponent was duly notified of the hearing fixed for its consideration and failed to attend without excuse. The aCriminal Procedure · Source page ٥١١
  37. Principle 1867A challenge directed at the first-instance judgment, which alone determined the merits of the case, rather than the procedural appellate judgment that correctly ruled the opposition inadmissible. Impermissible.Criminal Procedure · Source page ٥١١
  38. Principle 1868Failure to appeal the judgment rendered in the party's presence, lodging an opposition to it, and appealing the judgment issued on the opposition. Ruling that the opposition to the judgment rendered in the party's presenCriminal Procedure · Source page ٥١١
  39. Principle 1869An appeal against a judgment on an opposition ruling it impermissible or inadmissible is confined in its subject matter to that judgment, without the effect of the appeal extending to the first-instance default judgment Criminal Procedure · Source page ٥١١
  40. Principle 1870An opposition to an acquittal judgment rendered in absentia may not be lodged: by the accused, for lack of an interest. - Hearing the Public Prosecution’s appeal against an acquittal judgment rendered in absentia withoutCriminal Procedure · Source page ٥١٢
  41. Principle 1871The appellate court’s hearing of the appeal brought by the Public Prosecution against the default judgment rendered by the court of first instance, despite opposition to it being permissible and the time limit for challeCriminal Procedure · Source page ٥١٢
  42. Principle 1872Judgments in absentia. The Public Prosecution and the other litigants may appeal them. - The Public Prosecution's appeal against a judgment in absentia. It encompasses the judgment issued on the opposition thereto, whethCriminal Procedure · Source page ٥١٢
  43. Principle 1873Identity of the parties, subject matter and cause in two actions. The criterion for the res judicata effect of judgments and the consequent ruling that an action may not be heard because of a prior adjudication therein. Criminal Procedure · Source page ٥١٢
  44. Principle 1877The hearing of the Public Prosecution's appeal against the judgment rendered in absentia must be stayed so long as the opposition filed against that judgment has not yet been decided. Contravention thereof. An error in aCriminal Procedure · Source page ٥١٣

  45. اعتبار المعارضة كأن لم تكن

    Principle 1878Opposition to a judgment in absentia by someone other than the convicted person. Impermissible. Article 187 of the Criminal Procedures and Trials Law. - A judgment issued in absentia by the Criminal Court ordering acquitCriminal Procedure · Source page ٥١٣
  46. Principle 1879Ruling that the opposition is deemed never to have been filed. Its criterion. The opposing party’s absence, without excuse, from the first hearing scheduled to consider his opposition after he has been notified. - RulingCriminal Procedure · Source page ٥١٣
  47. Principle 1880Deeming the appeal nonexistent. The criterion for so ruling. - Deeming the opposition nonexistent. Its merger into the default judgment opposed. Its effect. The appeal extends to both judgments together. - 513 - CriminalCriminal Procedure · Source page
  48. Principle 1881Deeming the opposition as never having been lodged on the ground that the accused failed to appear despite having been served, where the service document does not specify the capacity of the person who signed it acknowleCriminal Procedure · Source page
  49. Principle 1882The appellate court may not hear an appeal filed by an accused convicted in absentia at first instance. So long as opposition to it is permissible. The condition and effect thereof.Criminal Procedure · Source page
  50. Principle 1883The procedure that commences the time limit for challenging a judgment by opposition. The Public Prosecution’s appeal against a default judgment against which opposition remains permissible or in respect of which the oppCriminal Procedure · Source page
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