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

Search this collection

  1. نظر الاستئناف والفصل فيه

    Principle 1938The appellate court is not obliged to conduct an investigation in the case. It may hear witnesses according to what emerges from the papers. - The appellant’s challenge to the appellate court for declining to hear a witnCriminal Procedure · Source page ٥٣٠
  2. Principle 1939The appellate court is not obliged to conduct an investigation in the case. Its hearing witnesses or refusing to hear them at its discretion. Permissible. - The accused and other litigants may request the hearing of suchCriminal Procedure · Source page ٥٣٠
  3. Principle 1940The appellate court ordinarily adjudicates on the basis of the papers. - The appellant's failure to request that the court take any measure to scrutinize the evidence in the case. Contesting that. A factual argument. BeyCriminal Procedure · Source page ٥٣١
  4. Principle 1941The appellate court adjudicates on the basis of the papers and conducts only such investigation as it considers necessary. It is not obliged to grant a request to reopen the case for argument or to respond to it.Criminal Procedure · Source page ٥٣١
  5. Principle 1942The appellate court’s obligation to respond to a plea or evidence is contingent on its being invoked before it. Its previous invocation before the court of first instance does not suffice.Criminal Procedure · Source page ٥٣١
  6. Principle 1943The Court of Appeal rules on the basis of the papers and conducts only such investigation as it considers necessary. Its decision, of its own motion, to summon the female victim for questioning, then its reversal of thatCriminal Procedure · Source page ٥٣١
  7. Principle 1944The appellate court is not, in principle, obliged to conduct an investigation. Hearing witnesses is discretionary. A request to hear a witness. Failure to maintain it in the final submissions. Is considered an abandonmenCriminal Procedure · Source page ٥٣١
  8. Principle 1945One of the parties failing to attend the appeal hearings without an excuse. The court may hear it in his absence so long as it sees no need to adjourn it.Criminal Procedure · Source page ٥٣١
  9. Principle 1946The appellate court decides on the basis of the papers. It is not obliged to conduct an investigation it does not consider necessary. A challenge for its failure to undertake a measure not requested of it. Inadmissible. Criminal Procedure · Source page ٥٣١
  10. Principle 1947The Court of Appeal conducts only such investigation as it considers necessary. The contention that it failed to undertake a procedure which the appellant refrained from requesting and which it, for its part, did not conCriminal Procedure · Source page ٥٣٢
  11. Principle 1948The appellate court is, as a rule, not obliged to conduct an investigation. Hearing witnesses is discretionary for it. - The appellate court’s disregard of the accused’s request to hear witnesses whom he did not request Criminal Procedure · Source page ٥٣٢
  12. Principle 1949Determination of the appeal in the accused's absence and without duly notifying him of the hearing scheduled for his trial. Its effect. Invalidity of the trial proceedings in respect of the appellant and another convicteCriminal Procedure · Source page ٥٣٢
  13. Principle 1950Ruling deeming an objection as if it had not been. Its prerequisite. The objector’s failure to attend the first hearing scheduled to consider his objection after service on him and without an excuse. - A judgment deemingCriminal Procedure · Source page ٥٣٢
  14. Principle 1951The appellate court adjudicates on the basis of the papers. It conducts no investigation except what it considers necessary. It is not obliged to hear witnesses except those who should have been heard before the court ofCriminal Procedure · Source page ٥٣٢
  15. Principle 1952Hearing the appeal lodged by the Public Prosecution against the judgment rendered in absentia by the court of first instance. Not permissible. The reason: it is subject to opposition or the opposition has not yet been deCriminal Procedure · Source page ٥٣٢
  16. Principle 1953The appellant’s waiver before the appellate court of hearing the witness’s testimony. His assertion that he did not waive this despite its being established in the hearing minutes. Incorrect.Criminal Procedure · Source page ٥٣٣
  17. Principle 1954The judgment’s recording of the appellant’s failure to attend the appeal hearing despite lawful service on him, and its proceeding to determine the merits of the appeal. No defect. The Court of Appeal may dispense with hCriminal Procedure · Source page ٥٣٣
  18. Principle 1955The plea that the appeal is inadmissible in form because its notice was filed by a person lacking standing. A legal plea intermingled with fact. Its implication. It may not be raised for the first time before the Court oCriminal Procedure · Source page ٥٣٣
  19. Principle 1956The Court of Appeal. It adjudicates on the basis of the papers and conducts no investigation except such as it considers necessary to conduct. It may dispense with hearing prosecution witnesses. Its condition. The accuseCriminal Procedure · Source page ٥٣٣
  20. Principle 1957The Court of Appeal may set aside the appealed judgment of its own motion or at the appellant's request if it finds a formal or substantive defect therein or that it contravenes the law.Criminal Procedure · Source page ٥٣٣
  21. Principle 1958The judgment declaring the appeal inadmissible in form coinciding in its outcome with a judgment dismissing the appeal. Its effect. - 533 - Criminal Procedure and TrialsCriminal Procedure · Source page ٥٣٣
  22. Principle 1959Splitting a single criminal action by determining the Public Prosecution's appeal on one occasion and the accused's appeal on another. Impermissible. Filing two appeals against the same judgment. They must be determined Criminal Procedure · Source page ٥٣٤
  23. Principle 1960The appellate court’s reserving the case for judgment and not adjourning it for valid service on the appellant to enable him to attend and present his defence. Its effect. Invalidity in the trial proceedings affecting itCriminal Procedure · Source page ٥٣٤
  24. Principle 1961The Court of Appeal determines the case on the basis of the papers. It is not obliged to conduct an investigation therein. It may hear witnesses and interrogate the accused whenever it considers that necessary. Its disreCriminal Procedure · Source page ٥٣٤
  25. Principle 1962The appellate court adjudicates on the basis of the papers. It is not obliged to refer the assignment back to the expert for him to conduct a comparison. Its condition. An example of a request to refer the assignment bacCriminal Procedure · Source page ٥٣٤
  26. Principle 1963The challenged judgment’s ruling that the appellant’s appeal is procedurally inadmissible and its addressing the appealed first-instance judgment to examine the Public Prosecution’s appeal and amend it. Its effect: the CCriminal Procedure · Source page ٥٣٤
  27. Principle 1964The appellate judgment’s adoption of the reasons of the appealed judgment. Its sufficiency in stating the statutory provision under which it convicted - 534 - Criminal Procedures and Trials. Challenging it on grounds of Criminal Procedure · Source page ٥٣٤
  28. Principle 1965The principle is that the Court of Appeal rules on the basis of the papers and conducts only such investigation as it considers necessary. - The appellant's failure to insist before the Court of Appeal on questioning theCriminal Procedure · Source page ٥٣٥
  29. Principle 1966The appellate judgment setting out reasons supplementing those of the first-instance judgment which it adopted. Its implication. It adopts those reasons insofar as they do not conflict with the reasons it added. Example.Criminal Procedure · Source page ٥٣٥
  30. Principle 1967Upholding the judgment appealed against on the reasons on which it was based. Does not require those reasons to be stated. Reference to them is sufficient. The reason therefor. Alleging deficient reasoning in the judgmenCriminal Procedure · Source page ٥٣٥
  31. Principle 1968The first-instance judgment’s statement in its preamble of the description of the offense and the article forming the basis of the charge, and its reference in its concluding part to punishing the appellant under that arCriminal Procedure · Source page ٥٣٥
  32. Principle 1969The Court of Appeal may order the reversal of the appealed judgment if it finds in it a substantive or procedural defect that cannot be corrected, or a violation of the law, whether the appellant invokes it or the court Criminal Procedure · Source page ٥٣٥
  33. Principle 1970The appellate court’s ruling setting aside the appealed judgment. Pursuant to the cases under Article 209 of Criminal Procedure and Trials. It does not remit the case to the court of first instance for determination on tCriminal Procedure · Source page ٥٣٥
  34. Principle 1971The appellant's placement in the psychiatric hospital or a treatment institution in execution of a judicial judgment. He is regarded as deprived of liberty, and this constitutes an unavoidable excuse. The reason: his inaCriminal Procedure · Source page ٥٣٦
  35. Principle 1972The court of merits is not bound by the legal characterization that the Public Prosecution assigns to the incident. Its obligation to scrutinize the incident in all its legal qualifications and descriptions and not to puCriminal Procedure · Source page ٥٣٦

  36. الأثر الناقل للاستئناف

    Principle 1974An appeal places the entire case anew before the court of second instance. Changing its legal characterization. Its condition. - The accused alone appealing the first-instance judgment. Its effect: the penalty imposed maCriminal Procedure · Source page ٥٣٧
  37. Principle 1975The appellate court is bound by what is stated in the notice of appeal and may not amend the charge. The reason for this.Criminal Procedure · Source page ٥٣٧
  38. Principle 1976An appeal places the entire case afresh before the court of second instance. Its changing the legal characterization of the incident. Its condition. The court’s failure to draw the accused’s attention to amendment of theCriminal Procedure · Source page ٥٣٧
  39. Principle 1977The devolutive effect of the appeal. Its implication. The appellate court must restore the incident to its correct characterization without being bound by the prosecution’s characterization. The condition thereof. That iCriminal Procedure · Source page ٥٣٧
  40. Principle 1978Lodging an appeal by the Public Prosecution. Its effect. Transfer of the entire case to the court of second instance in the interests of both its parties, the accused and the Public Prosecution, as regards the criminal aCriminal Procedure · Source page ٥٣٧
  41. Principle 1979An appeal resubmits the entire case to the court of second instance. The effect thereof. The latter may give the facts their correct legal characterization. The condition for that. That it not charge new acts or increaseCriminal Procedure · Source page ٥٣٨
  42. Principle 1980Transfer of the entire criminal case to the appellate court, empowering it to consider all its aspects, whether factual or legal, without being obliged, where it reverses the appealed judgment, to discuss its reasons. ThCriminal Procedure · Source page ٥٣٨
  43. Principle 1981An appeal places the entire incident anew before the court of second instance. The implication of that. It is not bound by the Public Prosecution’s characterization. The judgment’s being confined to merging two charges iCriminal Procedure · Source page ٥٣٨

  44. أثر استئناف النيابة

    Principle 1982The defence recorded before the court of first instance is deemed submitted when the appeal is heard, even if the appellant does not raise it again. Example. 7- Effect of the Prosecution’s appeal:-Criminal Procedure · Source page ٥٣٨
  45. Principle 1983The Public Prosecution's appeal. Places the entire action anew before the appellate court to consider its merits in all respects. Assessment of the grounds for leniency and suspension of execution falls within its unfettCriminal Procedure · Source page ٥٣٨
  46. Principle 1984The Public Prosecution’s appeal transfers the entire case to the court of second instance for the benefit of both parties. The effect of this. Restoring the incident to its correct legal characterization without being boCriminal Procedure · Source page ٥٣٨
  47. Principle 1986The prosecution's appeal. Its devolutive effect is absolute and is not limited by the requests contained in its notice.Criminal Procedure · Source page
  48. Principle 1987The procedure that opens the time limit for challenging by opposition. The Public Prosecution’s appeal against a default judgment to which opposition remains permissible or in respect of which an opposition brought has nCriminal Procedure · Source page
  49. Principle 1988The rendering of a judgment in absentia. The Public Prosecution's appeal against it. The appeal must be stayed until the time limit for opposition expires or the opposition is determined if it has been filed. Failure to Criminal Procedure · Source page
  50. Principle 1989The accused may not lodge an opposition to an acquittal judgment rendered in absentia, for lack of an interest. - Hearing the Public Prosecution’s appeal against an acquittal judgment rendered in absentia without awaitinCriminal Procedure · Source page
PreviousPage 34 of 36Next