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 collection٢: الإدارة العامة للمباحث الجنائية
Principle 219Criminal investigation officers. Their jurisdiction. Is general and comprehensive in detecting all types of offences throughout the State of Kuwait. The basis thereof. - A criminal investigation officer’s arresting and sCriminal Procedure · Source page ١٦٦خفر السواحل
Principle 221The officer of the Drug Control Department, a branch of the General Department of Criminal Investigations. Their jurisdiction encompasses all types of cases throughout the country. Basis thereof.. 4 – Coast Guard:-Criminal Procedure · Source page ١٦٧- Principle 222The jurisdiction of the Coast Guard Department. Its scope. Actual smuggling that occurs via the coasts, not constructive smuggling effected by goods passing through the customs precinct into the country.Criminal Procedure · Source page ١٦٧
- Principle 223The territorial jurisdiction of a judicial police officer. Its scope. His acting outside this scope. Its effect. - Regulation of the territorial jurisdiction of coast guard officers. Minister of Interior Decision 980 of Criminal Procedure · Source page ١٦٧
ضباط إدارة الأمن البحري
Principle 224The jurisdiction of coastguard officers over actual smuggling crimes does not remove the jurisdiction of other police officers having general jurisdiction, including officers of the General Department for Drug Control. 5Criminal Procedure · Source page ١٦٧ضباط أمن الدولة
Principle 225The Maritime Security Department may conduct search and inquiry procedures and collect all information and evidence relating thereto wherever found. Its jurisdiction in this regard is general and comprehensive. - 167 - CCriminal Procedure · Source page ١٦٧مفتشو الجمارك
Principle 226The judgment's reliance on the appellant's confession during the Public Prosecution's investigations, disconnected from his arrest and detention by a State Security Investigations officer, does not vitiate it. The challeCriminal Procedure · Source page ١٦٨- Principle 227Customs inspectors upon whom the laws have conferred the status of judicial police officers, while performing their duties, have the right to search places, persons, goods, and means of transport within the customs zone Criminal Procedure · Source page ١٦٨
القبض بمعرفة الشخص العادي
Principle 228Customs Department employees have judicial police status while performing their duties within the limits of their competence. They may inspect goods and search persons and what travelers carry with them or what belongs tCriminal Procedure · Source page ١٦٨- Principle 229An ordinary individual's right to arrest the accused. Its situation: that the crime be in flagrante delicto. The existence of outward manifestations indicating that the crime has occurred suffices for this situation to eCriminal Procedure · Source page ١٦٩
- Principle 230An ordinary individual has the right to arrest the accused if the offence is witnessed in flagrante delicto. The basis for this: Article 58/4 of Criminal Procedures.Criminal Procedure · Source page ١٦٩
حالة التلبس (الجريمة المشهودة)
Principle 231Flagrante delicto is a state attaching to the offence, not to the person of its perpetrator. The existence of external manifestations indicating in themselves that the offence has occurred, or a witness being present at Criminal Procedure · Source page ١٦٩- Principle 234Cases in which policemen may arrest the accused without a written order. The mere receipt by the officer of a report that the perpetrator committed unspecified theft offences, without inquiries to verify its seriousness.Criminal Procedure · Source page ١٧٠
- Principle 235Assessment of the circumstances leading to an offence being considered witnessed, entitling the police officer to arrest and search without authorisation from the Public Prosecution. Falls within the authority of the triCriminal Procedure · Source page ١٧٠
- Principle 237Flagrante delicto. Its nature. Effect: arrest and search of everyone connected with the offence. Condition thereof. - Assessment of the indications connecting the accused with the offence in flagrante delicto and their sCriminal Procedure · Source page ١٧٠
- Principle 238A police officer has the right to arrest the accused without a warrant therefor. Its cases. And the basis thereof. - The appellant’s attempt to flee, although permitting the officer to stop him without physically interfeCriminal Procedure · Source page ١٧١
- Principle 239The state of flagrante delicto that justifies a police officer's arrest and search of the accused without authorization. What is required for it. An example in which the conditions for the existence of a state of flagranCriminal Procedure · Source page ١٧١
- Principle 240The judgment's establishment of a state of flagrante delicto in attempted theft. That is, a witnessed offence. The accused's admission to the officer of committing similar incidents, and the latter's obtaining a warrant Criminal Procedure · Source page ١٧١
- Principle 241Arrest without a warrant of a person accused of theft offences. Permissible for police officers. Basis thereof. Article 54 of the Criminal Procedures Law.Criminal Procedure · Source page ١٧١
- Principle 242Receiving reports and conducting the necessary inquiries concerning them. Among the duties of police officers. They may hear the accused and those who possess information. - The police summoning a person to question him Criminal Procedure · Source page ١٧١
- Principle 243A restriction, whether arrest or search, is permissible only in a situation of flagrante delicto, as witnessed crimes, or with authorisation from the Public Prosecution in one of the situations exhaustively specified in Criminal Procedure · Source page ١٧١
الدفع ببطلان القبض
Principle 244A police officer has the right to arrest without a warrant a person accused of a felony where strong evidence supports the accusation. Article 54 of Criminal Procedures and Trials. - Assessment of the strength and sufficCriminal Procedure · Source page ١٧٢- Principle 245A response by the trial court to a plea of invalidity of arrest not raised before it. Not required.Criminal Procedure · Source page ١٧٢
- Principle 246The court's disregarding the plea of invalidity of the arrest. No defect so long as it did not rely on it in forming its conviction. Example.Criminal Procedure · Source page ١٧٢
- Principle 247Raising the plea of invalidity of the arrest and search for the first time before the Court of Cassation. Inadmissible. The reason for this.Criminal Procedure · Source page ١٧٢
- Principle 248The judgment's citation of the legal provisions on which it relied in rejecting the plea of invalidity of arrest and search. Unnecessary.Criminal Procedure · Source page ١٧٢
- Principle 250The plea of invalidity of arrest and search. A plea involving factual matters. It may not be raised for the first time before the Court of Cassation.Criminal Procedure · Source page ١٧٣
- Principle 251The plea that the authorization was issued after the apprehension and search. A factual defense. What suffices to answer it.Criminal Procedure · Source page ١٧٣
- Principle 252The plea of invalidity of the arrest and search. Does not merit a response if manifestly unfounded.Criminal Procedure · Source page ١٧٣
- Principle 253Police officers have the right to arrest anyone accused of a felony where strong evidence supports the accusation. Assessment of this evidence and its strength is initially for the police officer under the supervision ofCriminal Procedure · Source page ١٧٣
- Principle 254The appellant's acknowledgment that the weapon and ammunition were seized in his possession. The plea of invalidity of his arrest and search. Ineffectual.Criminal Procedure · Source page ١٧٣
ج- الحبس الاحتياطي
Principle 255The plea that the arrest and search occurred before issuance of the delegation order to execute the warrant. A matter of fact. A sufficient response thereto is the court's conclusion that the arrest and search proceduresCriminal Procedure · Source page ١٧٣د- المنع من السفر
Principle 256Police officers, upon arresting an accused—in cases in which they are legally permitted to do so without an order from the investigator or in execution of an arrest warrant—must promptly hand over those arrested to the iCriminal Procedure · Source page ١٧٤- بوجه عام
Principle 261Evidence need not relate to witnessing the fact sought to be proved. It is sufficient to infer its establishment from the totality of the elements presented to the court.Criminal Procedure · Source page ١٨٢- Principle 262The court may adopt such means as it considers appropriate to investigate a purely technical matter that it has encountered.Criminal Procedure · Source page ١٨٢
- Principle 263The law does not attach invalidity to delay in drawing up the arrest and seizure report. Basis thereof. The trial court may assess the soundness of the procedures undertaken by the investigator and the validity of the evCriminal Procedure · Source page ١٨٢
- Principle 264Referring the accused whose search has been authorised to the Forensic Evidence Department to take a urine sample for analysis. Does not require seeking the Public Prosecution’s permission to carry it out.Criminal Procedure · Source page ١٨٢
- Principle 265Procedural acts. Their validity and invalidity are governed by their antecedents, not their results.Criminal Procedure · Source page ١٨٢
- Principle 266Evidence, indications, and serious suspicions. Authorise the investigator to arrest. Basis thereof. Article 62 of the Procedures Law. Conducting an examination of the arrested person. Consequence thereof: determining wheCriminal Procedure · Source page ١٨٢
- Principle 267Taking a sample of the appellant's urine and blood and analyzing it after his arrest and confession to using narcotics. Its being regarded as among the search procedures permitted by the state of flagrante delicto and amCriminal Procedure · Source page ١٨٢
- Principle 268The principle is that the appellate court is not obliged to conduct an investigation in the case. - Assessment of whether to grant or refuse a request to hear witnesses. Within the court's discretion according to what emCriminal Procedure · Source page ١٨٣
- Principle 269Conducting the investigation in the manner the investigator considers achieves its purpose. Within his authority. The reason for this. - The mere prolongation of the investigation does not affect the integrity of the accCriminal Procedure · Source page ١٨٣
- Principle 270The duties imposed by law on police officers. Their nature. Conducting inquiries and obtaining all clarifications and evidentiary indications leading to proof or disproof of the reported facts, hearing the statements of Criminal Procedure · Source page ١٨٣
- Principle 272Criminal trial. Must be based on the oral examination conducted by the court at the hearing, in which it hears witnesses. Departure from this is not possible except upon the parties' express or implied waiver. - The judgCriminal Procedure · Source page ١٨٣
- Principle 273The officer’s presenting the accused to the investigator three days after his arrest. A valid procedure. The reason for this. - The court’s disregarding the accused’s claim that his confession resulted from inducement orCriminal Procedure · Source page ١٨٤
- Principle 274The officer's failure to send the seized firearm to forensic medicine. A criticism of the pretrial procedures. Cannot constitute a ground for appealing the judgment.Criminal Procedure · Source page ١٨٤
- Principle 276The right of criminal courts to rely on pretrial investigations so long as they are convinced by them. Their conducting. The investigation themselves. Not necessary. The basis for this.Criminal Procedure · Source page ١٨٤
- Principle 277What is decisive in judgments. The trial and investigative procedures that take place before the court. - Criticising the court for failing to take a procedure that was not requested of it. Not permissible. An example.Criminal Procedure · Source page ١٨٤
- Principle 278No person other than the person against whom the procedure was taken has standing to plead its invalidity, even if he would benefit from it. The reason therefor: the existence of an interest in the plea follows the existCriminal Procedure · Source page
- Principle 279The investigator must, if the accused is present, ask him about the charge directed against him. His confession to committing the crime at any time. Requires that this be recorded in the investigation record and that he Criminal Procedure · Source page