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. تسبيب الحكم الاستئنافي

    Principle 2045Setting aside the first-instance ruling that amended the characterization of the charge. Its effect. A challenge to the characterization of the charge. It finds no subject in the ruling of the challenged judgment.Criminal Procedure · Source page ٥٥٠
  2. Principle 2046The law does not require refutation of the first-instance judgment of acquittal when reversing it.Criminal Procedure · Source page ٥٥٠
  3. Principle 2047There is no utility in criticizing the appellate court for failing to conduct an investigation so long as it was not requested to investigate the actual weight of the narcotic. - 550 - Criminal Procedure and TrialsCriminal Procedure · Source page ٥٥٠
  4. Principle 2048The appellate court’s affirmance of the appealed judgment for the reasons upon which it was based. Its effect. It is not obliged to state those reasons or itself formulate new reasons. The reason for that. Reference to tCriminal Procedure · Source page ٥٥١
  5. Principle 2049The draft judgment. Must be signed by all judges of the panel who heard the pleadings and participated in deliberation and delivery of the judgment. The reason for this. Ensuring that the judgment is rendered after delibCriminal Procedure · Source page ٥٥١

  6. تعديل وصف التهمة في الاستئناف

    Principle 2050A ruling that an appeal is procedurally inadmissible because it was lodged after the legally prescribed time limit. One of the procedural judgments. The law does not require any particular extent or form of reasoning forCriminal Procedure · Source page ٥٥١
  7. Principle 2051The Court of Appeal is bound by what is stated in the notice of appeal and by the facts presented to the court of first instance. It may not amend the charge brought against the accused, as this would deprive the accusedCriminal Procedure · Source page ٥٥١

  8. العفو

    Principle 2052The trial court’s changing the characterization of the charge. Its condition. The court’s failure to draw the accused’s attention to amendment of the characterization of the charge to a lesser one. No infringement of hisCriminal Procedure · Source page ٥٥١
  9. Principle 2053Examination of whether a judgment may be challenged precedes examination of the challenge's form. - A pardon of the punishment granted by the Head of State before determination of the challenge against the judgment imposCriminal Procedure · Source page ٥٥٥
  10. Principle 2054Issuance of an Amiri pardon entailing a reduction of the punishment and the appellant’s release before determination of the cassation appeal. Its effect. The matter passes out of the hands of the judiciary and a judgmentCriminal Procedure · Source page ٥٥٥
  11. Principle 2055A pardon of the penalty issued by the Emir of the country before determination of the cassation appeal against the judgment imposing it. The matter passes out of the judiciary’s hands. The reason: it is an act of sovereiCriminal Procedure · Source page ٥٥٥
  12. Principle 2056The issuance of a pardon of the sentence by His Highness the Amir of the country before determination of the cassation appeal. Precludes the Court of Cassation from proceeding with consideration of the appeal. The basis Criminal Procedure · Source page ٥٥٦

  13. الصلح

    Principle 2057Pardon of the penalty. A personal circumstance. Benefits only the person in respect of whom it was issued. Its difference from amnesty for the offence provided for in Article 238 of the Penal Code. - The forum for arguinCriminal Procedure · Source page ٥٥٦
  14. Principle 2058Pardon or settlement in respect of offences whose prosecution does not require a complaint. It takes effect only after the arbitrator’s approval and is subject to its discretion. The court concluding, on reasonable grounCriminal Procedure · Source page ٥٥٦
  15. Principle 2059Offences criminalised under Articles 161, 162 of the Penal Code may not be subject to individual pardon. The basis for this.Criminal Procedure · Source page ٥٥٦
  16. Principle 2060Convicting the appellant and imposing the penalty for the more serious offence, namely entering a dwelling without its possessor’s consent, prosecution of which does not require a complaint. Settlement or individual pardCriminal Procedure · Source page ٥٥٦
  17. Principle 2061Pardon or settlement with the victim after issuance. Of the final judgment concerning offences requiring a complaint. It must be submitted to the court that issued it. The basis therefor.Criminal Procedure · Source page ٥٥٧
  18. Principle 2062Waiver in the offence of sexual intercourse. Has no effect on its establishment or on the establishment of its perpetrator’s liability.Criminal Procedure · Source page ٥٥٧
  19. Principle 2063Connection within the meaning of Article 84 of the Penal Code. Its criterion. That the connected offences remain without any of them having been the subject of a judgment exempting from liability or punishment. AcquittalCriminal Procedure · Source page ٥٥٧
  20. Principle 2065Offenses of bodily harm whose penalty does not exceed imprisonment for five years. The victim may pardon the accused or reconcile with him. - Reconciliation or pardon granted by the victim. Its effect. It produces the saCriminal Procedure · Source page ٥٥٧
  21. Principle 2067Faulting the judgment for omitting mention of a fact that has no bearing on establishing or negating the offence or on - 557 - Criminal Procedures and Trials its punishment. Inadmissible. Failure to address the settlemenCriminal Procedure · Source page ٥٥٧
  22. Principle 2068Reconciliation has no effect in the two offences of kidnapping by deception and forcible indecent assault.Criminal Procedure · Source page ٥٥٨
  23. Principle 2069The offence of detention accompanied by torture is not among the offences in which settlement or individual pardon by the victim is permissible. The basis for this.Criminal Procedure · Source page ٥٥٨
  24. Principle 2070The victim may pardon the accused or settle with him for money before or after judgment is rendered. The offences in which he may do so. Art. 24 of the Code of Criminal Procedure and Trials. - The absence of any mention Criminal Procedure · Source page ٥٥٨
  25. Principle 2071The judgment’s establishing the offences of kidnapping and indecent assault against the appellants. Waiver by the victim’s father. Has no effect. The complaint that the judgment failed to give effect to this waiver. Has Criminal Procedure · Source page ٥٥٨
  26. Principle 2072The judgment’s establishing against the appellant the elements of the offence of assault resulting in death, punishable by imprisonment for a period not exceeding 10 years. Its exclusion from offences in which settlementCriminal Procedure · Source page ٥٥٨
  27. Principle 2073Offences in which the accused may be pardoned or a settlement reached with him. What they are. Article 240 of the Code of Criminal Procedure. - The offence of unlawfully appropriating State property. Its exclusion from tCriminal Procedure · Source page ٥٥٨
  28. Principle 2074Pardon in an offence of theft by someone other than the victim's ascendants or descendants. Has no application. The basis therefor. The offences specified in Article 240 of the Criminal Procedure Code in which individualCriminal Procedure · Source page ٥٥٩
  29. Principle 2075The offences of impersonating a public official and theft. Their exclusion from the offences stipulated in Article 240 of Procedure in which pardon is permissible. Effect thereof. The court may disregard the victim’s waiCriminal Procedure · Source page ٥٥٩
  30. Principle 2076The offence of indecent assault. It falls outside the offences in which reconciliation or individual pardon by the victim is permissible. The latter's waiver thereof. It has no effect. The complaint against the judgment Criminal Procedure · Source page ٥٥٩
  31. Principle 2077Settlement or individual pardon of the offence. Its effect is like acquittal. The offences it covers. An example.Criminal Procedure · Source page ٥٥٩
  32. Principle 2078The victim’s waiver in respect of two offenses that do not fall within the offenses for which reconciliation or pardon is permissible. Has no effect. The judgment’s omission to respond to the appellant’s defense in this Criminal Procedure · Source page ٥٥٩
  33. Principle 2079Conviction of the respondent for the two offences of assault resulting in severe bodily pain and striking in a perceptible manner. The judgment’s recording, in its text, of acceptance of the victim’s pardon based on submCriminal Procedure · Source page ٥٥٩
  34. Principle 2080Reconciliation or individual pardon. Is not considered one of the circumstances in which the offence was committed. Its effect: abstention from pronouncing punishment may not be ordered on that basis.Criminal Procedure · Source page ٥٦٠
  35. Principle 2081In offences of injury and assault punishable by imprisonment not exceeding five years, the victim may pardon the accused or settle with him for money before or after judgment is rendered, and this entails the same effectCriminal Procedure · Source page ٥٦٠
  36. Principle 2082Giving effect to settlement or individual pardon. Its condition: that it be granted in respect of one of the offences exhaustively enumerated in Article 240 of the Criminal Procedure Code. Giving such effect: discretionaCriminal Procedure · Source page ٥٦٠
  37. Principle 2083The offence of kidnapping stipulated in Article 180 of the Penal Code. Individual pardon and settlement with the accused are impermissible therein. Basis thereof. The complaint in this regard. Has no basis.Criminal Procedure · Source page ٥٦٠
  38. Principle 2084The female victim’s declaration in the Public Prosecution’s investigations that she waives the incident as against the accused. Requires the court to accept the victim’s pardon concerning the charge of kidnapping by deceCriminal Procedure · Source page ٥٦٠
  39. Principle 2085Offences of sexual intercourse, possession of ammunition without a licence, and constructive customs smuggling. Reconciliation and individual pardon by the victims are not permissible therein. Waiver in respect thereof. Criminal Procedure · Source page ٥٦١
  40. Principle 2086The offences of indecent assault by threats, attempted commission thereof, and desecration of places of worship. Settlement and individual pardon by the victim in respect thereof. Impermissible. Waiver in respect thereofCriminal Procedure · Source page ٥٦١
  41. Principle 2087States of agitation, provocation or anger are not, under the correct interpretation of the law, grounds for excluding criminal responsibility. They constitute judicial mitigating excuses. Their assessment rests with the Criminal Procedure · Source page ٥٦١
  42. Principle 2089The offence of theft by breaking, committed by persons other than the victim’s ascendants or descendants, is not among the offences in which an individual pardon is permissible under Article 240 of the Code of Criminal PCriminal Procedure · Source page ٥٦١
  43. Principle 2090A waiver by the victim in an offence of theft by someone other than the victim's ascendants, descendants or spouse, and possession and keeping of firearms without a licence. Without effect. The reason for that. They are Criminal Procedure · Source page ٥٦٢
  44. Principle 2091The appellant’s complaint concerning the female victim’s waiver of her rights against him. Unfounded. So long as the judgment convicted him of theft at night using violence and false keys with multiple perpetrators, whicCriminal Procedure · Source page ٥٦٢
  45. Principle 2093The lawful guardian acts on behalf of a person of diminished capacity or an absentee in reconciliation with the accused or pardoning him. Its condition: the person of diminished capacity or the absentee must be alive. ThCriminal Procedure · Source page ٥٦٢
  46. Principle 2094The victim’s right to pardon expires upon his death. The reason: its effect does not pass to his heirs, and neither his agent nor his guardian may perform any act on his behalf after his death. His mother’s waiver after Criminal Procedure · Source page ٥٦٢
  47. Principle 2095The judgment's conviction of the appellant of an offence not falling within the offences in which settlement or pardon is permissible. The victim's capacity waiving their right against the appellant. Has no effect and doCriminal Procedure · Source page
  48. Principle 2096The judgment’s convicting the appellant of causing a permanent disability, which is not among the offences in which settlement or pardon is permissible. The victim’s waiver. Has no effect and does not exempt him from punCriminal Procedure · Source page
  49. Principle 2097An individual pardon by the victim in the offence of causing an injury resulting in severe bodily pain necessarily encompasses the offence of assaulting and resisting a public official and produces its attendant effects.Criminal Procedure · Source page
  50. Principle 2098Trying a person twice for a single act. Not permissible. The reason: duplication of criminal liability is prohibited by law and offends justice. Article 184 of the Code of Criminal Procedure and Trials. - 563 -Criminal Procedure · Source page
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