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 collectionأثر استئناف النيابة
Principle 1990The 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 ٥٣٩- Principle 1991An appeal by one of the parties to the case resubmits the dispute for his own benefit. Except for an appeal by the Public Prosecution, which transfers the entire dispute concerning the criminal action for the benefit of Criminal Procedure · Source page ٥٤٠
- Principle 1992Judgments in absentia. The Public Prosecution and all other parties may appeal them. - The Public Prosecution's appeal against a judgment in absentia. Includes the judgment rendered on the opposition thereto, whether uphCriminal Procedure · Source page ٥٤٠
- Principle 1993The Public Prosecution’s appeal against the judgment. Its effect. Transfer of the entire case to the court of second instance for the benefit of both parties, the accused and the Prosecution, and the court may affirm, reCriminal Procedure · Source page ٥٤٠
- Principle 1994An appeal by the Public Prosecution against a judgment of the Criminal Court declaring the criminal action extinguished by the accused's death. Requires the appellate court to rule that the appeal is inadmissible. ContraCriminal Procedure · Source page ٥٤٠
- Principle 1995The Public Prosecution’s appeal. Its effect: the appellate court may increase the punishment imposed by the first-instance judgment, whether or not the accused has appealed. An example. - 540 - Criminal Procedure and TriCriminal Procedure · Source page ٥٤٠
- Principle 1996The Public Prosecution’s allowing its right—as the prosecuting authority—to appeal against the first-instance judgment to lapse. Its effect. The judgment acquires the force of res judicata and the avenue of challenge by Criminal Procedure · Source page ٥٤١
أثر استئناف المتهم
Principle 1997The Public Prosecution’s appeal of 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. - Restricting tCriminal Procedure · Source page ٥٤١- Principle 1998Increasing the penalty imposed at first instance where the appeal is filed by the accused alone, without the Public Prosecution. Incorrect. The reason: he must not be prejudiced by his appeal. Example.Criminal Procedure · Source page ٥٤١
- Principle 1999Increasing the sentence on an appeal brought by the accused alone is impermissible. The reason for this. The accused must not be prejudiced by his appeal. - 541 - Criminal Procedure and TrialsCriminal Procedure · Source page ٥٤١
- Principle 2000The accused's appeal. Its effect. His position must not be worsened. The principal penalty must not be increased, nor a supplementary penalty added. - Confiscation. A supplementary penalty. The appellate judgment's additCriminal Procedure · Source page ٥٤٢
- Principle 2001The devolutive effect of an appeal. Its import. The Court of Appeal must restore to its correct characterization without being bound by the Prosecution’s characterization. Condition thereof. It must not attribute new actCriminal Procedure · Source page ٥٤٢
- Principle 2002The Public Prosecution's appeal against the judgment. Its effect. The Court of Appeal may increase the punishment even if the accused also appeals. - The rule that an appellant shall not be prejudiced by his own appeal. Criminal Procedure · Source page ٥٤٢
- Principle 2003The 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 punishment imposeCriminal Procedure · Source page ٥٤٢
- Principle 2004An appeal brought by the accused. Its effect. His position may not be worsened, and the appellate court may only amend it in the appellant’s favor or affirm it, whatever error it contains. Example.Criminal Procedure · Source page ٥٤٢
أثر استئناف المدعي بالحقوق المدنية
Principle 2005The appellate court's ruling amending the appealed judgment—on the basis of the appellant's appeal alone—by adding the penalties of dismissal from office and a proportional fine, which were not imposed by the appealed juCriminal Procedure · Source page ٥٤٢- Principle 2006Lodging an appeal against the judgment rendered in an ancillary civil action by a petition containing a statement of the judgment appealed against, the capacity of the person lodging it, and a request for an award of comCriminal Procedure · Source page ٥٤٣
- Principle 2007Appeal against the judgment rendered in the ancillary civil action. Its scope. Limited to the claims submitted before the Court of Appeal, not everything presented before the court of first instance. A ground of challengCriminal Procedure · Source page ٥٤٣
- Principle 2008The judgment’s disclosure in its reasons that the civil claimant’s appeal is accepted as to form, followed by its consideration of the merits and dismissal in its operative part. The absence from the operative part of a Criminal Procedure · Source page ٥٤٣
- Principle 2009Judgments rendered in civil actions by criminal courts. May be appealed where they would be appealable if rendered by civil courts. Article 200, Criminal Procedures and Trials. - Challenging judgments rendered during theCriminal Procedure · Source page ٥٤٣
- Principle 2010The avenue of appeal against a judgment being closed because of the value of the claim. Its necessary consequence. The judgment may not be challenged by cassation. This is not altered by the appellate court entertaining Criminal Procedure · Source page ٥٤٣
اعتبار الاستئناف كأن لم يكن
Principle 2011The appellate court, when deciding the appeal brought by the civil claimant concerning his civil rights, may address and discuss the facts of the case as they were presented before the court of first instance. The conditCriminal Procedure · Source page ٥٤٤- Principle 2013Failure to serve the accused with notice of the hearing scheduled for his appeal. Its effect. Invalidity of the judgment deeming the appeal as never having been lodged.Criminal Procedure · Source page ٥٤٤
- Principle 2014Deeming an absent appellant to have abandoned his appeal, requiring a ruling deeming his appeal as if it had not been. When this is valid: upon verifying that he has been validly served with notice of the hearing schedulCriminal Procedure · Source page ٥٤٤
- Principle 2015Deeming the appeal as never having existed. The criterion for so ruling. - Challenging the first-instance judgment, which alone determined the merits, rather than the appellate judgment which deemed the appeal as never hCriminal Procedure · Source page ٥٤٥
- Principle 2016A ruling deeming the appellant’s appeal as never having been lodged against a judgment convicting him of a customs smuggling charge for possessing alcoholic beverages, which is a misdemeanour matter. Limiting the cassatiCriminal Procedure · Source page ٥٤٥
- Principle 2017Deeming an appeal as though it had not been. The criterion for so ruling. - Deeming an opposition as though it had not been. Its merger into the default judgment opposed. Its effect. The appeal extends to both judgments Criminal Procedure · Source page ٥٤٥
- Principle 2018A ruling deeming the appeal as never having been filed. Discretionary for the court. Its import. It has the right to rule on the merits of the appeal despite the appellant’s absence. Challenging the judgment in this regaCriminal Procedure · Source page ٥٤٥
استئناف الحكم الصادر في المعارضة
Principle 2019The appellant's failure to appear when his appeal is heard. Ruling that the appeal is deemed never to have been filed. Discretionary for the court. Article 204 of the Criminal Procedures and Trials Law. The reason for thCriminal Procedure · Source page ٥٤٦- Principle 2021A judgment ruling an opposition inadmissible. It is a procedural judgment. The appeal is confined to it, excluding the default judgment opposed. The reason for this. The two do not merge, unlike a judgment dismissing theCriminal Procedure · Source page ٥٤٦
وجوب الفصل في استئناف النيابة العامة والمتهم بحكم واحد
Principle 2023Appeals lodged by the Public Prosecution and by the accused against the same judgment. They must be determined by a single judgment. A rule that must be followed even if no statutory provision states it. Reason therefor.Criminal Procedure · Source page ٥٤٦- Principle 2024An appeal in a criminal case submits the dispute to the court of second instance for the appellant's benefit and within the scope of what has been appealed. - The prosecution's appeal transfers the entire dispute concernCriminal Procedure · Source page ٥٤٧
تسبيب الحكم الاستئنافي
Principle 2025Lodging two appeals against the same judgment. Requires the appellate court to decide them together by a single judgment. The reason. Because separate determination of multiple appeals may lead to contradictory rulings oCriminal Procedure · Source page ٥٤٧- Principle 2026The appellate court’s basing its conviction on evidence sufficient to support it. It is not thereafter obliged to respond separately to the defenses contained in the accused’s memorandum before the court of first instancCriminal Procedure · Source page ٥٤٧
- Principle 2027A ruling of acquittal. The condition for its validity. It must contain what indicates that the court scrutinised the case and comprehended its circumstances and the evidence of guilt therein with awareness and insight. FCriminal Procedure · Source page ٥٤٧
- Principle 2029The appellate judgment need not specify the penal provisions so long as it refers to the reasons of the first-instance judgment that specified them.Criminal Procedure · Source page ٥٤٨
- Principle 2030Where the appellate court reverses a judgment of acquittal, it must refute its evidence. The appellate court’s statement of the evidence supporting conviction, based on the testimony of witnesses whose testimony the courCriminal Procedure · Source page ٥٤٨
- Principle 2031The absence of essential particulars from the first-instance judgment does not vitiate the appellate judgment, provided that it has remedied the omission of those particulars, supplied them in full, and established new rCriminal Procedure · Source page ٥٤٨
- Principle 2032The Court of Appeal's adoption of the reasons of the first-instance judgment alongside the reasons it stated. Its significance: it adopts those reasons of the first-instance judgment that do not conflict with its own reaCriminal Procedure · Source page ٥٤٨
- Principle 2033No defect attaches to the appellate judgment if it does not set out the evidence of guilt so long as it refers to the first-instance judgment that set it out.Criminal Procedure · Source page ٥٤٨
- Principle 2035The appellate court’s hearing of the accused’s witnesses does not prevent it from adopting the first-instance judgment for its reasons. The implication of that. It found nothing in the witnesses’ testimony that warrantedCriminal Procedure · Source page ٥٤٩
- Principle 2036The appellate judgment’s setting out new reasons for its ruling while simultaneously adopting the reasons of the first-instance judgment means that it adopts those reasons that do not contradict its own.Criminal Procedure · Source page ٥٤٩
- Principle 2037The appellate judgment's adoption of the reasons of the first-instance judgment in addition to what it states. Implies its adoption of those reasons that do not conflict with what it states. The implication thereof. A chCriminal Procedure · Source page ٥٤٩
- Principle 2038The Court of Appeal may adopt the reasons of the judgment appealed against as the reasons for its judgment. It suffices to refer to them without reproducing them. No fault attaches to it if it does not respond with separCriminal Procedure · Source page ٥٤٩
- Principle 2039The appellate court is not obliged to respond to the reasons of the first-instance judgment acquitting the accused whom it convicted. The condition therefor.Criminal Procedure · Source page ٥٤٩
- Principle 2040The judgment’s determination, in its operative part, of the formal admissibility of the appeal. The complaint of failure to determine that. Incorrect. Appeal. The judgment’s sentencing the appellants according to the ordCriminal Procedure · Source page ٥٤٩
- Principle 2041The appellate court. It ordinarily adjudicates on the basis of the papers. It does not conduct an investigation which it does not consider - 549 - Criminal Procedures and Trials necessary. - The appellant's failure to reCriminal Procedure · Source page
- Principle 2042A challenge directed against the first-instance judgment, which alone determined the merits, rather than against the procedural appellate judgment that ruled the opposition inadmissible. Not permissible.Criminal Procedure · Source page
- Principle 2043The complaint that the Court of Appeal questioned the appellant about the charge against him without complying with Article 155 of the Procedures Law. Of no avail, so long as the judgment did not rely, in convicting him,Criminal Procedure · Source page
- Principle 2044The Court of Appeal rules, in principle, on the basis of the papers and conducts no investigation except such as it itself considers necessary. - The court’s failure to grant a request to hear a defence witness which it Criminal Procedure · Source page