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 التي يجوز أو لا يجوز استئنافها

    Principle 1884Criminal judgments that may be appealed. What they are: judgments deciding the merits and ending the dispute before the court. - The judgment’s rejection of the plea that the court lacks jurisdiction to hear the action, Criminal Procedure · Source page ٥١٧
  2. Principle 1885The Criminal 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 continuation of the action. Its effect. This Criminal Procedure · Source page ٥١٧
  3. Principle 1886The granting of a pardon of the punishment by His Highness the Emir of the country before judgment is rendered on the appeal. Its effect. A ruling that it may not be heard. The reason for that. - 517 - Criminal ProcedureCriminal Procedure · Source page ٥١٧
  4. Principle 1887The hearing of the Public Prosecution’s appeal against the first-instance judgment rendered in absentia must be stayed so long as the opposition lodged against that judgment has not yet been decided. Contravention thereoCriminal Procedure · Source page ٥١٨
  5. Principle 1888A judgment ordering placement. May not be appealed. Article 36 of the Narcotics Control Law. Its implication: it may not be challenged by cassation. Example. - Closure of the avenue of appeal. Its necessary consequence. Criminal Procedure · Source page ٥١٨
  6. Principle 1889The criterion for the impermissibility of the Public Prosecution's challenge by appeal or cassation to a judgment ordering the measure of institutional placement. Depends on the judgment ordering it having been issued inCriminal Procedure · Source page ٥١٨

  7. ميعاد الاستئناف

    Principle 1890Judgments that may be appealed. Those rendered at first instance acquitting or convicting by the Misdemeanours Court or the Felonies Court. - Challenge by cassation. Confined to judgments rendered by the Court of Appeal Criminal Procedure · Source page ٥١٨
  8. Principle 1891The prescribed period for appealing the first-instance judgment deeming the opposition as never having been made. Its commencement from the time it is challenged. The condition for this: the convicted person’s knowledge Criminal Procedure · Source page ٥١٨
  9. Principle 1892The time limit for appeal. Although a matter of public policy, if force majeure or an excuse arises, it extends until that excuse ceases. Example.Criminal Procedure · Source page ٥١٩
  10. Principle 1893Filing an appeal within its statutory time limit. Mandatory unless a preventing excuse exists. Illness is considered a preventing excuse.Criminal Procedure · Source page ٥١٩
  11. Principle 1894Time limits for challenges are matters of public order. Filing a challenge after the time limit. The court must, of its own motion, rule it inadmissible unless force majeure or an excuse prevented the appellant from filiCriminal Procedure · Source page ٥١٩
  12. Principle 1895The time limit for lodging an appeal. Its connection to public policy. The implication of this. - The judgment and hearing minutes containing no defence by the appellant justifying his delay in lodging the appeal other tCriminal Procedure · Source page ٥١٩
  13. Principle 1896The time limit for appeal. Its connection with public order. Effect thereof. - The convicted person’s exceeding the time limit for appeal. His assertion that he lodged an appeal within the time limit without having previCriminal Procedure · Source page ٥١٩
  14. Principle 1897The judgment rendered on the opposition. The time limit for appealing it. - The two appellants' lodging, from their prison, appeals against the judgment rendered on their opposition after the time limit. - 519 - CriminalCriminal Procedure · Source page ٥١٩
  15. Principle 1898A judgment rendered in the presence of the accused. Its appeal period commences on the date it is rendered. Restriction of the accused’s liberty by his being in prison. It is not an excuse preventing him from filing a noCriminal Procedure · Source page ٥٢٠
  16. Principle 1899The appeal period. The general rule. It begins on the date of the judgment rendered in the presence of the accused or the judgment issued on opposition. Its condition. The convicted person’s knowledge of the hearing at wCriminal Procedure · Source page ٥٢٠
  17. Principle 1900The appeal period is 20 days from the date of pronouncement of the judgment rendered in the accused's presence. Article 201, Criminal Procedure. - An imprisoned accused. Submits his appeal through the prison governor. ArCriminal Procedure · Source page ٥٢٠
  18. Principle 1901The mere restriction of the appellant's liberty and his presence in prison. Does not constitute an excuse preventing the filing of a notice of appeal within the time limit. The reason for this. - The prison administratioCriminal Procedure · Source page ٥٢١
  19. Principle 1902The period for appealing a judgment rendered on opposition. Begins on the date of its pronouncement. The petition appealing it is submitted to the registry of the court that issued it and constitutes authoritative evidenCriminal Procedure · Source page ٥٢١
  20. Principle 1903The period for appealing a judgment issued on opposition. Commences on the date of its issuance and lasts twenty days. An imprisoned accused’s appeal. Submitted through the prison governor. The basis for this. - The appeCriminal Procedure · Source page ٥٢١
  21. Principle 1904The time limit for appeal is a matter of public policy. It may be invoked at any stage of the proceedings. Raising any plea concerning it for the first time before the Court of Cassation. Its condition: that it be based Criminal Procedure · Source page ٥٢١
  22. Principle 1905Assessment of the excuse of illness preventing the lodging of an appeal within the time limit. A matter for the trial court, provided it is reasonable. - A lawyer’s delay in lodging an appeal against the judgment rendereCriminal Procedure · Source page ٥٢٢
  23. Principle 1906A judgment rendered in the presence of the accused. Its appeal period commences on the date it is rendered. Restriction of the accused’s liberty by his being in prison. It is not an excuse preventing him from filing a noCriminal Procedure · Source page ٥٢٢
  24. Principle 1907The time limit for appeal is twenty days. It begins on the date the judgment is pronounced if rendered in the presence of the parties. This time limit is a matter of public policy. It may be invoked at any stage of the pCriminal Procedure · Source page ٥٢٢
  25. Principle 1908The time limit for appeal is twenty days from the date of pronouncement of the judgment rendered in the presence of the accused or issued on opposition. Article 201, Criminal Procedures, unless there is force majeure or Criminal Procedure · Source page ٥٢٣

  26. إجراءات الاستئناف وصحيفته

    Principle 1909The appeal time limit is one of the time limits for challenging judgments. Its connection with public order. The effect thereof. - The appeal time limit is twenty days from the date of pronouncement of the judgment rendeCriminal Procedure · Source page ٥٢٣
  27. Principle 1910Filing an appeal by petition. Mandatory. Filing it by any other means. Impermissible. Particulars of the petition. Some are essential and others non-essential. The grounds of appeal are a non-essential particular. - 523 Criminal Procedure · Source page ٥٢٣
  28. Principle 1911Determination of the appeal in the accused’s absence without serving him with notice to attend the hearing fixed for his trial. Its effect. Nullity of the trial proceedings.Criminal Procedure · Source page ٥٢٤
  29. Principle 1912The summons to attend the trial hearing. How it is served. The legislature’s purpose in requiring one of the adult male relatives residing with the person summoned to sign the copy of the document. - Determination of theCriminal Procedure · Source page ٥٢٤
  30. Principle 1914Determination of the appeal in the accused’s absence. Necessity of verifying that he has been validly served with notice to attend the hearing. Example: delivery of the document to the accused’s mother. Its effect. OfficCriminal Procedure · Source page ٥٢٤
  31. Principle 1915An appeal in criminal matters is a personal right of the convicted person, exercised by him personally or through an agent. Lodging an appeal by a lawyer who does not hold a power of attorney at the time of the challengeCriminal Procedure · Source page ٥٢٤
  32. Principle 1916The appeal petition is authoritative as to its contents within the limits of proving its particulars. An oversight or clerical error. It is disregarded. The reason: regard is had to the actual circumstances in which the Criminal Procedure · Source page ٥٢٥
  33. Principle 1917The procedure by which an appeal is brought: a petition submitted to the registry of the court that rendered the judgment. - The appeal petition. Proof of its contents. The judgment’s ruling that the accused’s appeal is Criminal Procedure · Source page ٥٢٥
  34. Principle 1918Service on the appellant to attend the hearing scheduled for consideration of his appeal at the address he provided in the investigations. The contention that service was at a place other than his domicile is incorrect.Criminal Procedure · Source page ٥٢٥
  35. Principle 1919The hearing scheduled for consideration of the appeal. The court registry must notify the appellant and all other parties thereof, and the court must ascertain that he has been duly served personally or through an adult Criminal Procedure · Source page ٥٢٥
  36. Principle 1921The appellant’s complaint that he was not served with notice of the appeal hearing at his lawyer’s office as an elected domicile. Incorrect. So long as neither the papers nor the appeal petition contained his wish to desCriminal Procedure · Source page ٥٢٦
  37. Principle 1922Submission of the appeal petition to the registry of the court that rendered the judgment, signed by the appellant party or his representative. Article 202 of the Code of Criminal Procedure and Trials. - The particulars Criminal Procedure · Source page ٥٢٦

  38. نطاق الاستئناف

    Principle 1924The notice of appeal is the reference for identifying the limits of the parts of the judgment actually appealed. - The Public Prosecution’s appeal is delimited not by its grounds but by its subject matter. - The appellatCriminal Procedure · Source page ٥٢٧
  39. Principle 1925The Court of Appeal’s seisin of the case by virtue of the notice of appeal. Its limit. - The Court of Appeal may not consider facts not included in the notice of appeal and not submitted to the court of first instance. TCriminal Procedure · Source page ٥٢٧
  40. Principle 1926Identifying the limits of the parts of the judgment actually appealed. Its reference. The notice of appeal. The appellate court is seised only of the subject matter brought before it by that notice. - 527 - Criminal ProcCriminal Procedure · Source page ٥٢٧
  41. Principle 1927An appeal resubmits the entire case to the Court of Appeal. Its import. It may give the facts previously submitted to the court of first instance their correct legal characterization without being bound by the Public ProCriminal Procedure · Source page ٥٢٨
  42. Principle 1928The notice of appeal. Is the reference for identifying the limits of the parts of the judgment appealed. - The Public Prosecution’s notice of appeal including its appeal against the first-instance judgment. Its implicatiCriminal Procedure · Source page ٥٢٨
  43. Principle 1929Appeal against a judgment declaring an objection inadmissible. Its subject matter is confined to that judgment, without the effect of the appeal extending to the first-instance judgment determining the merits. Reason theCriminal Procedure · Source page ٥٢٨
  44. Principle 1930The appeal petition. It may not be supplemented by anything outside it. - The Public Prosecution’s appeal against the first-instance judgment on grounds of proof. Its implication: it challenges the acquittal rendered by Criminal Procedure · Source page ٥٢٨

  45. نظر الاستئناف والفصل فيه

    Principle 1932The Public Prosecution's appeal in the criminal action transfers it to the court of second instance. - The appellate court may uphold the appealed judgment or amend it in favour of or against the accused. - Subjecting thCriminal Procedure · Source page ٥٢٩
  46. Principle 1933The appellate court may hear witnesses, conduct an investigation, or refuse it, according to what emerges to it from the papers. Disputing its decision in this respect. Impermissible. Example.Criminal Procedure · Source page ٥٢٩
  47. Principle 1934The appellate court is not obliged to conduct an investigation in the case. Its hearing witnesses as revealed by the papers is permissible. Its reliance on their statements in the investigations is not erroneous, so longCriminal Procedure · Source page
  48. Principle 1935Referral by the appellate court or the court hearing the opposition to the reasons of the first-instance judgment in absentia. Sufficient, without any obligation to recite them. The reason for this. Referral to the reasoCriminal Procedure · Source page
  49. Principle 1936The appellate court's upholding of the first-instance judgment for its reasons. Its implication. It found nothing requiring any new addition to those reasons in response to the defence presented before it.Criminal Procedure · Source page
  50. Principle 1937The appellate court determines the case on the basis of the papers. It is not obliged to conduct an investigation in the case. Its hearing of witnesses according to what emerges to it from the papers. Permissible.Criminal Procedure · Source page
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