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. - بوجه عام

    Principle 280The investigator may conduct the investigation in the manner he considers achieves its purpose. Prolongation of the investigation. Does not affect the integrity of the accused's volition or vitiate his confession and doeCriminal Procedure · Source page ١٨٥
  2. Principle 282The investigator may conduct the investigation in the manner he considers conducive to its purpose. Reason therefor. - Mere prolongation of the interrogation does not affect the soundness of the accused’s will, vitiate hCriminal Procedure · Source page ١٨٥
  3. Principle 283The accused's right to have his lawyer accompany him in all investigation procedures. Article 75, Criminal Procedures and Trials. - The Public Prosecution's right to conduct a secret investigation if it considers that thCriminal Procedure · Source page ١٨٥
  4. Principle 284The general rule is that criminal trials are based on the investigation conducted by the court itself at the hearing. It may rely on what appears in the investigations if it does not consider it necessary to investigate Criminal Procedure · Source page ١٨٦

  5. أ- المعاينة والانتقال

    Principle 285A challenge alleging error by the Public Prosecution in assigning the correct statutory classification and description to the facts of the case. A criticism of procedures preceding trial. Inadmissible. A- Inspection and Criminal Procedure · Source page ١٨٦
  6. Principle 286The objection alleging invalidity of the inspection report on which the court did not rely in forming its conviction. Does not vitiate the judgment.Criminal Procedure · Source page ١٨٦
  7. Principle 287Challenging the court for failing to take a measure that was not requested of it. Inadmissible. - The appellant’s making a request before the Court of Cassation for an inspection to be conducted. Inadmissible. The reasonCriminal Procedure · Source page ١٨٦
  8. Principle 288The request which the court is obliged to grant. Its nature. Example of what constitutes abandonment of a request that the court visit a location to conduct an inspection. - A challenge amounting to an argument concerninCriminal Procedure · Source page ١٨٦
  9. Principle 289The police officer’s duty upon learning of the fact of the offence. Proceeding to its location, hearing the statements of those reporting it, summoning and hearing witnesses, conducting inquiries, hearing what the accuseCriminal Procedure · Source page ١٨٧
  10. Principle 290The absence from the investigations of an inspection of the appellant's trousers or presentation of the detectives' money to the investigator. A criticism of the pretrial procedures and may not constitute a ground for apCriminal Procedure · Source page ١٨٧

  11. ب- الأمر بتقديم الشيء

    Principle 291Criticizing the Public Prosecution for failing to inspect the place where the female victim was injured. Has no basis, so long as the court was not requested to conduct it. The basis for this. B- The order to produce theCriminal Procedure · Source page ١٨٧

  12. - إجراءات التحريز

    Principle 292Search of a person and search of a dwelling. How they are conducted. - Examination of objects to ascertain their nature and whether they were used in the crime, resulted from it, or were connected with it. Permissible foCriminal Procedure · Source page ١٨٧
  13. Principle 293Procedures for sealing evidence. Are regulatory. Their violation. Does not entail nullity. - The court’s satisfaction as to the soundness of the procedures and the absence of tampering with them. A challenge to it in thiCriminal Procedure · Source page ١٨٨
  14. Principle 294The challenge based on failure to complete the sealing of the seized items. Of no avail, so long as the appellant has not alleged that they were tampered with.Criminal Procedure · Source page ١٨٨
  15. Principle 295Delay in drawing up the arrest report and sealing the seized narcotic substance does not prevent the court from relying on the evidence contained in that report.Criminal Procedure · Source page ١٨٨
  16. Principle 296Procedures for sealing and securing exhibits. Their purpose. Their violation does not entail invalidity. The governing consideration is the trial court's confidence in the integrity of the evidence. Argument in this regaCriminal Procedure · Source page ١٨٨
  17. Principle 297Disputing that the substance seized differs from that analysed. An argument on the facts. - 188 - Criminal Procedures and TrialsCriminal Procedure · Source page ١٨٨
  18. Principle 298Procedures for sealing seized items. Their purpose. Mere negligence therein does not entail invalidity. - The judgment’s confidence that the seized narcotics are those sent for analysis. A challenge thereto in this respeCriminal Procedure · Source page ١٨٩
  19. Principle 299The court's satisfaction as to the soundness of the procedures for sealing seized items and the appellant's failure to allege any tampering with them. The objection that those procedures were not carried out at the placeCriminal Procedure · Source page ١٨٩
  20. Principle 300Determining whether or not any of the seized items have been tampered with. For the trial court. Dispute over that. Factual. - Procedures for recording and sealing the seized items and documenting that in the seizure repCriminal Procedure · Source page ١٨٩
  21. Principle 301The court’s satisfaction that the psychotropic tablets sealed as evidence and sent for analysis are the tablets seized. Its adjudication of the case on that basis. No defect. The allegation of a slight discrepancy in theCriminal Procedure · Source page ١٨٩
  22. Principle 302Money is not among the seized items subject to sealing procedures. - The inventory of seized items, their sealing and recording thereof in the seizure report. An organisational matter. Its violation. No invalidity. ArgumCriminal Procedure · Source page ١٨٩
  23. Principle 304Delay in drawing up the arrest report and taking the procedures necessary to seal the weapon and the remaining seized items. Does not in itself indicate any particular meaning and does not prevent the court from relying Criminal Procedure · Source page ١٩٠

  24. تقدير جدية التحريات لإصدار إذن التفتيش

    Principle 305Taking arrest and search measures pursuant to an authorization. Their validity is not affected by the officer who carried them out not having witnessed the crime in flagrante delicto. - Failure to seal and secure the invCriminal Procedure · Source page ١٩٠
  25. Principle 306Assessment of the seriousness of the inquiries justifying issuance of the search is left to the investigating authority under the supervision of the trial court. A search warrant has no particular form. Its omission of cCriminal Procedure · Source page ١٩٠
  26. Principle 307Assessment of the seriousness and sufficiency of inquiries for issuing a search order. A matter of fact entrusted to the investigating authority under the supervision of the trial court. Rejection, on reasonable grounds,Criminal Procedure · Source page ١٩٠
  27. Principle 308Assessment of the seriousness and sufficiency of inquiries for issuing an arrest and search warrant. A factual matter for the investigating authority under the supervision of the trial court. An error in the appellant’s Criminal Procedure · Source page ١٩٠
  28. Principle 310Assessment of the seriousness of police inquiries and their sufficiency for issuing search authorization. A question of fact entrusted to the investigating authority under the supervision of the trial court. - The court'Criminal Procedure · Source page ١٩١
  29. Principle 311The court’s conviction of the seriousness of the preliminary evidence on which the search warrant was based and its satisfaction as to its sufficiency to justify issuing it. Its sufficiency to answer the plea of invalidiCriminal Procedure · Source page ١٩١
  30. Principle 313The accused's lack of previous convictions. Does not detract from the contents of the inquiry report so long as he is the person intended by the warrant.Criminal Procedure · Source page ١٩١
  31. Principle 314Assessment of the seriousness and sufficiency of the inquiries for issuance of an arrest and search warrant. A matter of fact. - Where the court is convinced of the seriousness of the inquiries on which the arrest and seCriminal Procedure · Source page ١٩١
  32. Principle 315The court's being satisfied as to the seriousness of the preliminary evidence on which the search order was based and its sufficiency to justify its issuance, and its approval of the prosecution's action in this regard, Criminal Procedure · Source page ١٩٢

  33. أولاً : إصداره وبياناته

    Principle 316The absence of prior activity by the appellant in drug trafficking, or the occurrence of a rapid temporal succession of procedures, does not detract from the seriousness of the inquiries. 2 – Search warrant: First: its iCriminal Procedure · Source page ١٩٢
  34. Principle 317An error in the name of the person to be searched. Does not invalidate the search so long as the judgment has established that the person searched is the person whose search was authorized.Criminal Procedure · Source page ١٩٢
  35. Principle 322Issuance of the Public Prosecution’s warrant at the same time as the preparation of the inquiry report. Does not vitiate it so long as it was issued specifying its date and hour of issuance.Criminal Procedure · Source page ١٩٣
  36. Principle 323The authorization including the apprehension and search of an accused and the search of anyone present with him. The judgment's justification of this procedure. Its effect. The objection to the police inquiries for lack Criminal Procedure · Source page ١٩٣
  37. Principle 324Assessment of the seriousness and sufficiency of inquiries for issuing a search warrant. A matter of fact. - The law does not require a particular form for a search warrant. Omission of the full name, capacity, occupatioCriminal Procedure · Source page ١٩٣
  38. Principle 325A search warrant. It must be established in writing, and its issuance may be communicated by telephone, telegraph, or other means of communication. Possession of the warrant document by the person delegated to conduct thCriminal Procedure · Source page ١٩٣
  39. Principle 326A search authorization issued by the prosecution and specifying a duration. Its effect. It must be executed within that period. - 193 - Criminal Procedures and Trials Its omission of a specified duration. Its implicationCriminal Procedure · Source page ١٩٣

  40. ثانياً: تنفيذه

    Principle 327The arrest and search warrant must be recorded in writing. Its issuance may be communicated by telephone. Or by telegram or other means of communication in urgent cases. Possession of the warrant document by the officer Criminal Procedure · Source page ١٩٤
  41. Principle 328A search authorized by the Public Prosecution. The prerequisite for its validity. - The police officer's spending a long time gathering inquiries is not necessary for finding them serious. Assessment of this seriousness Criminal Procedure · Source page ١٩٤
  42. Principle 329A judicial police officer may execute the warrant issued to him to arrest and search the accused by pursuing and arresting him in any place.Criminal Procedure · Source page ١٩٤
  43. Principle 330What is required for the validity of a search conducted or authorised by the Public Prosecution. - The judicial police officer personally conducting the inquiries. Not necessary. - Assessment of the seriousness and suffiCriminal Procedure · Source page ١٩٤
  44. Principle 331The two witnesses' silence as to the names of those present at the search. Does not detract from the soundness of their statements or their sufficiency as evidence in the case. - 194 - Criminal Procedure and TrialsCriminal Procedure · Source page ١٩٤
  45. Principle 332Recording the seized items and the manner of their seizure in the seizure report. An obligation upon the person conducting the search. The basis thereof. Articles 89, 91, Procedures.Criminal Procedure · Source page ١٩٥
  46. Principle 333Adherence by the person conducting the search to the purpose specified in the warrant is the rule. Its limit. The incidental appearance during the search of objects whose possession constitutes an offence or which relateCriminal Procedure · Source page ١٩٥
  47. Principle 334The person conducting the search may seek the assistance of those whose help is necessary during its execution. Its condition. Their doing so in his presence and under his supervision and responsibility. Contravention thCriminal Procedure · Source page ١٩٥
  48. Principle 335The delegation order issued by the original delegate to another judicial police officer. It need not be recorded in writing. The latter's arrest and search of the appellant pursuant to the authorization permitting the orCriminal Procedure · Source page ١٩٥
  49. Principle 337The presence of the person conducting the search while the expert performs his work pursuant to Article 88 of the Criminal Procedures and Trials Law. An organisational procedure. No invalidity results from its violation.Criminal Procedure · Source page
  50. Principle 338Validity of the arrest. Its implication. Validity of the search consequent upon it. - The officer conducting the search seeking assistance from the General Department of Forensic Evidence when conducting it. No defect.Criminal Procedure · Source page
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