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. أ- رجال الشرطة

    Principle 165An investigative stop. Its conditions. Their absence. Its effect: invalidity of the arrest, and any evidence resulting from it is disregarded. - Assessment of the grounds for an investigative stop is for the police officCriminal Procedure · Source page ١٥٥
  2. Principle 166Police entry into the owner's dwelling and arrest of an accused caught in flagrante delicto committing a crime inside that house. No invalidity.Criminal Procedure · Source page ١٥٦
  3. Principle 167Invalidity of the arrest and search does not preclude reliance on other independent items of evidence, including the accused's subsequent statements.Criminal Procedure · Source page ١٥٦
  4. Principle 168The strong evidence permitting a police officer to arrest the accused without an order from the investigating authority. Assessment of its existence belongs to the investigating authority under the supervision of the triCriminal Procedure · Source page ١٥٦
  5. Principle 169The validity of the arrest entails the validity of the search conducted consequent upon it. The basis for this. Example.Criminal Procedure · Source page ١٥٦
  6. Principle 171The appellant’s voluntarily handing the police officer the packet which subsequently proved to contain a narcotic establishes a state of flagrante delicto permitting seizure of the narcotic and arrest of the appellant.Criminal Procedure · Source page ١٥٧
  7. Principle 172Police officers may arrest without a warrant anyone accused of a felony where strong evidence supports the accusation. In a case of a felony in flagrante delicto, they may search the accused or his dwelling. Where the acCriminal Procedure · Source page ١٥٧
  8. Principle 173The Traffic Law authorizes any police officer to arrest anyone who attempts to escape after being ordered to stop.Criminal Procedure · Source page ١٥٧
  9. Principle 174The existence of strong evidence accusing the female appellant of the felony of possessing a narcotic seized from a person whose search was authorised, and his admission that he received the narcotic from her. Validity oCriminal Procedure · Source page ١٥٧
  10. Principle 175The accused's confession immediately upon his arrest implicating another as the source of the seized narcotics. The officer's tracking down this person, arresting him and searching him. A valid procedure.Criminal Procedure · Source page ١٥٧
  11. Principle 176Invalidity of the arrest entails that no evidence resulting from or derived from it may be relied upon for conviction. - Assessment of the connection between the invalid arrest and the evidence resulting from it. A matteCriminal Procedure · Source page ١٥٧
  12. Principle 177Permissibility of conducting an investigation, search, arrest, detention, or any criminal procedure against a member of the National Assembly. Cases thereof in the event of flagrante delicto. Its basis. An example.Criminal Procedure · Source page ١٥٨
  13. Principle 178The trial court has the authority to rely on the accused's confession subsequent to an invalid arrest and search. Assessment of the value of the confession and the extent of its connection with the invalid search and itsCriminal Procedure · Source page ١٥٨
  14. Principle 179The judgment's reliance on the statements of the officer and police personnel who carried out the apprehension and search after concluding that the arrest and search were invalid. A defect and unsound inference. Its citaCriminal Procedure · Source page ١٥٨
  15. Principle 180Evidence, indications and serious suspicions. Authorize the investigator to arrest. The basis for this. Article 62 of Procedures. Conducting an examination of the arrested person. To establish whether or not he has takenCriminal Procedure · Source page ١٥٨
  16. Principle 181The inquiry procedures on which a search and arrest warrant is based: the law has not required any particular form or special format in which its particulars must be set down. It is sufficient that the report contain parCriminal Procedure · Source page ١٥٨
  17. Principle 182Intoxication justifying arrest. Its condition. That it be manifest, that the person be unable to care for himself, and that he pose a danger to others. The judgment’s failure to establish this and its rejection of the plCriminal Procedure · Source page ١٥٨
  18. Principle 183The judgment’s not relying on evidence derived from the arrest. Challenging it for inadequacy in responding to - 158 - Criminal Procedure and Trials the plea of invalidity of the arrest. Is of no avail.Criminal Procedure · Source page ١٥٨
  19. Principle 184Issuance by the Prosecution of a warrant to arrest the appellant. Its effect. Validity of the arrest. Challenging it as invalid is incorrect.Criminal Procedure · Source page ١٥٩
  20. Principle 185Arrest and search without a warrant in the cases specified by law. A right of all police officers without distinction between them according to their ranks.Criminal Procedure · Source page ١٥٩
  21. Principle 186The court's not relying in its judgment on evidence derived from the appellant's arrest. His raising the failure to bring him before the prosecution within the prescribed period. Of no avail. Argument in this regard. MayCriminal Procedure · Source page ١٥٩
  22. Principle 187The victim's failure to direct an accusation against a specific person and the detective officer's arrest of the accused on the basis that the inquiries indicated he was the perpetrator of the incident. Does not provide Criminal Procedure · Source page ١٥٩
  23. Principle 188The judge’s doubt as to proof of the charge in order to acquit the accused. Its sufficiency. The limit to this. - Holding the arrested person at the police station for a period contrary to Article 60 of the Procedures LaCriminal Procedure · Source page ١٥٩
  24. Principle 189Issuance of a warrant to arrest and search an accused. Its effect. The police officer assigned to execute it may do so wherever he finds him throughout Kuwait. - 159 - Criminal Procedures and TrialsCriminal Procedure · Source page ١٥٩
  25. Principle 191The appellant's objection that his detention following his arrest was invalid because it exceeded the period prescribed by law. Unavailing. So long as it yielded none of the evidence in the case.Criminal Procedure · Source page ١٦٠
  26. Principle 193The accused’s attempt to flee. Permits police officers to stop him to ascertain his true circumstances and investigate his situation. The condition for this. - Stopping the appellant and the other accused before they admCriminal Procedure · Source page ١٦٠
  27. Principle 195The appellant’s presence in the accused’s residence while it was being searched pursuant to a warrant from the Public Prosecution to seize any narcotic substances that might be found therein, and the officer’s observatioCriminal Procedure · Source page ١٦١
  28. Principle 196The officer's observing the appellant selling narcotics to the confidential informant. Establishes a state of flagrante delicto entitling him to arrest him and search him and his residence without authorization from the Criminal Procedure · Source page ١٦١
  29. Principle 197The delegation order issued by the original delegate to another judicial police officer. Need not be recorded in writing. The latter's arrest and search of the appellant pursuant to the warrant that authorised the originCriminal Procedure · Source page ١٦١
  30. Principle 198The mere fact that the first accused rode with the appellant in the latter's car and waited for him, and that the appellant was seen in a state of unsteadiness, stammering in speech, with reddened eyes, or in an abnormalCriminal Procedure · Source page ١٦١
  31. Principle 199The appellant's voluntary relinquishment of the narcotic he sold to the confidential source establishes a state of flagrante delicto in respect of the felony of possessing it and permits the officer involved in the incidCriminal Procedure · Source page ١٦١
  32. Principle 200An investigatory stop is a measure taken by a police officer to inquire into an offence and identify its perpetrators, and is warranted by suspicion justified by the circumstances. - Restriction of personal liberty. Is iCriminal Procedure · Source page ١٦٢
  33. Principle 201Keeping the arrested person detained for a period exceeding four days without a written order from the investigator remanding him in custody. Impermissible.Criminal Procedure · Source page ١٦٢
  34. Principle 202The police officer’s observing the appellant driving his car with tinted windows in violation of the Traffic Law. Permits him only to stop and arrest him and draw up the necessary report. Searching the car and finding naCriminal Procedure · Source page ١٦٢
  35. Principle 203A police officer may arrest without an order a person accused of a felony. Condition: strong evidence supporting - 162 - Criminal Procedures and Trials. The accusation against him. Assessment of that evidence and its strCriminal Procedure · Source page ١٦٢
  36. Principle 204Article 56 of Criminal Procedures and Trials. Allows police officers the right to arrest without an order in misdemeanors witnessed in flagrante delicto. - A police officer may arrest anyone who attempts to escape when oCriminal Procedure · Source page ١٦٣
  37. Principle 205The arrest and search warrant must be recorded in writing. Its issuance may be communicated by telephone, telegram or other means of communication in urgent cases. Possession of the warrant document by the officer delegaCriminal Procedure · Source page ١٦٣
  38. Principle 206Issuance of a warrant by the competent investigator to arrest and search the accused. The police officer assigned may execute it wherever the accused is found, anywhere in the State of Kuwait, and in whatever manner he cCriminal Procedure · Source page ١٦٣
  39. Principle 207The police’s task is to detect offences and identify their perpetrators. The procedures they take in this regard are valid. The condition for this: that they do not intervene by their own actions to create the offence thCriminal Procedure · Source page ١٦٤
  40. Principle 208Arrest. Physically taking hold of a person, restricting his movement, and depriving him of freedom of movement. - Detention. Deprivation of liberty for a period of time. - Any restriction on personal liberty, whether arrCriminal Procedure · Source page ١٦٤

  41. - الدفع بعدم اختصاص رجال الشرطة

    Principle 209The officer involved in the incident summoning the accused—while they were both detained pending similar cases—to present them to the victim for identification. Its implication: they were not arrested, and this constitutCriminal Procedure · Source page ١٦٤
  42. Principle 210Territorial jurisdiction of police officers. Not regulated by the Criminal Procedure Law, but regulated by a decision of the Minister of Interior. Import of this regulation. Its effect. The workplace of each officer of tCriminal Procedure · Source page ١٦٤
  43. Principle 211The objection that the officer involved in the incident lacked territorial jurisdiction over the crime, raised for the first time before the Court of Cassation. Inadmissible.Criminal Procedure · Source page ١٦٥
  44. Principle 212The court’s inference from the account of the incident that the arrest and search occurred within the State’s territorial waters, as contained in the arrest report. Disputing this for the first time before the Court of CCriminal Procedure · Source page ١٦٥

  45. ٢: الإدارة العامة للمباحث الجنائية

    Principle 213The contention that the incident occurred in one place rather than another. Ineffectual so long as it was within the territorial jurisdiction of the arresting officer. - The contention that the incident occurred on one dCriminal Procedure · Source page ١٦٥
  46. Principle 214The General Department of Criminal Investigation. The extension of its jurisdiction on a supplementary basis. Throughout the country. The basis thereof. Minister of Interior Decision No. 422/1991 concerning the organizatCriminal Procedure · Source page ١٦٥
  47. Principle 215The territorial and subject-matter jurisdiction of detectives. General and inclusive of all types of crimes committed within the territory of the State. The basis thereof. The Minister of Interior's decision concerning tCriminal Procedure · Source page ١٦٥
  48. Principle 216Establishment of the section for inquiry into the financial positions of civilians and its attachment to the section of the General Department of Criminal Investigations. Its basis. Minister of Interior Decision 980 of 1Criminal Procedure · Source page ١٦٦
  49. Principle 217The General Department of Criminal Investigations. Its officers’ competence is general and encompasses all types of offences within the territory of the State. The basis for this. Decision 980/95 concerning the organisatCriminal Procedure · Source page
  50. Principle 218The subject-matter jurisdiction of criminal investigation officers. General and comprehensive of all types of crimes. - The appellant being a policeman in the General Department of Criminal Investigations. Its implicatioCriminal Procedure · Source page
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