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 collectionثانياً: تنفيذه
Principle 339The person conducting the search seeking the assistance of those whose assistance he requires while executing it. Permissible. Its condition: that this be in his presence and under his supervision and responsibility. ArtCriminal Procedure · Source page ١٩٦- Principle 340Police officers may take whatever measures they consider sufficient to execute the search warrant. So long as they achieve the purpose. Without being bound to a particular method. So long as the procedures do not depart Criminal Procedure · Source page ١٩٦
- Principle 342Issuance by the competent investigator of a warrant 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 ١٩٦
- Principle 343The person conducting the search must adhere to the purpose specified in the warrant. Its implication. Refraining from seeking objects relating to a different offence; otherwise, the search is void. Article 89 of the CodCriminal Procedure · Source page ١٩٦
أولاً: تفتيش الشخص
Principle 344The plea that arrest and search occurred before issuance of the warrant. A factual matter. The evidence establishing guilt suffices as a response thereto. - The court’s confidence in the incident witness’s statements conCriminal Procedure · Source page ١٩٧- Principle 347The plea of invalidity of the search is a legal plea involving questions of fact. Its effect: it may not be raised for the first time before the Court of Cassation. The exception. If what is stated in the judgment indicaCriminal Procedure · Source page ١٩٨
- Principle 349An investigatory stop is a measure taken by a public authority officer to inquire into offences and identify their perpetrators, and is warranted by suspicion justified by the circumstances. It is permissible for a publiCriminal Procedure · Source page ١٩٩
- Principle 350A police officer may arrest anyone driving a motor vehicle under the influence of alcoholic beverages or narcotics. Article 44 of Law 67 of 1976 concerning Traffic. - Whenever the arrest is valid, the search incident to Criminal Procedure · Source page ١٩٩
- Principle 351Searching a person, his residence, or his correspondence to seize things used in, resulting from, or connected with the offence whenever the requirements of the investigation necessitate this and there is no other means Criminal Procedure · Source page ١٩٩
- Principle 352Searching the accused pursuant to an authorization and apprehending him holding or possessing narcotic substances. His confession implicating another person who was not at the scene of the incident as the source from whoCriminal Procedure · Source page ٢٠٠
- Principle 353Arresting and searching a person or searching his personal belongings. Not permissible without authorisation from the investigating authority except in witnessed crimes and the situations exhaustively specified in ArticlCriminal Procedure · Source page ٢٠٠
- Principle 354A police officer may arrest without authorization anyone accused of a felony where strong evidence supports the accusation against him. In the case of a felony in flagrante delicto, he may search the accused or his residCriminal Procedure · Source page ٢٠٠
ثانياً: تفتيش الأنثى
Principle 355The inviolability of the person includes his body, clothing and belongings in his possession. - The inviolability of the dwelling includes every place enclosed by a wall or surrounded by any barrier, used or prepared forCriminal Procedure · Source page ٢٠١ثالثاً: تفتيش حقيبة اليد
Principle 356Searching a female. Article 82 of the Criminal Procedures and Trials Law. - Failure of a warrant to search a female to appoint a woman to conduct that search. Invalidates it. And extinguishes any valid legal effect that Criminal Procedure · Source page ٢٠١رابعاً: تفتيش الرسائل المكتوبة أو البرقية
Principle 357The inviolability of a private handbag derives from its connection to the person of its owner or possessor. It may therefore not be searched without his consent except in accordance with the cases stipulated in Article 7Criminal Procedure · Source page ٢٠١خامساً: تفتيش أجهزة الحاسب الآلي
Principle 358Search of a person, his dwelling, or his correspondence. Permissible for the investigator, or upon his order to a judicial police officer, to seize objects used in the crime, resulting from it, or connected with it. - SeCriminal Procedure · Source page ٢٠٢سادساً: تفتيش السيارات
Principle 360A police officer may search vehicles intended for transporting things and animals. Condition for that.Criminal Procedure · Source page ٢٠٣- Principle 362The judgment's establishment of a state of flagrante delicto in attempted theft. A witnessed crime. The accused's admission to the officer that he had committed similar acts, and the latter's obtaining authorization to sCriminal Procedure · Source page ٢٠٣
- Principle 364The inviolability of a car and a person's belongings, including his bags. Derives from the inviolability of their owner or possessor. - Lawful infringement of a person's inviolability upon the establishment of the right Criminal Procedure · Source page ٢٠٣
سابعاً: تفتيش القارب أو الطراد
Principle 365The plea of invalidity of evidence derived from the search. May be raised only by the person for whose protection these legal formalities were prescribed. - Searching the car owned by the company for which the appellant Criminal Procedure · Source page ٢٠٤ثامناً: تفتيش المسكن
Principle 366A private boat or launch in its owner's possession. It may not be searched except in the circumstances and under the safeguards prescribed by law. Its owner's abandonment of it after being stopped to investigate his situCriminal Procedure · Source page ٢٠٤- Principle 367Entering dwellings and other places in pursuit of a person against whom an arrest warrant has been issued by the competent authority. Does not entail the invalidity of that person's arrest.Criminal Procedure · Source page ٢٠٤
- Principle 368The plea of invalidity of a search was established to preserve the inviolability of the premises; it may therefore not be invoked by anyone other than their possessor, even if he would benefit from it. - 204 - Criminal PCriminal Procedure · Source page ٢٠٤
- Principle 369The accused's confession immediately upon his arrest implicating another person. The police officer's proceeding to the latter's location, arresting him, searching him and searching his residence as directed by the accusCriminal Procedure · Source page ٢٠٥
- Principle 370The plea of invalidity of the search of another dwelling of the appellant. Unavailing so long as the judgment relied on his confession before the Public Prosecution and the judgment's establishment of his possession of aCriminal Procedure · Source page ٢٠٥
- Principle 371Conducting a search of the accused’s residence in his presence or in the presence of a neighbour. Not necessary for its validity.Criminal Procedure · Source page ٢٠٥
- Principle 372The search warrant is confined to what it contains concerning the search of a specified residence and no other. Exceeding those limits. Its effect. - Consent to the search is conditional upon being genuine, given before Criminal Procedure · Source page ٢٠٥
- Principle 376The presence of the person whose search is authorized during the search is not a necessary condition for its validity. - The woman whose search is authorized sharing the residence with her husband and not disputing this.Criminal Procedure · Source page ٢٠٥
- Principle 377The plea of invalidity of a search was established to preserve the inviolability of the premises; it may therefore not be invoked by anyone other than their owner, even if he would benefit from it. Basis thereof. ExampleCriminal Procedure · Source page ٢٠٦
- Principle 378The accused's presence is not necessary for the validity of the search. Effect thereof. The court may rely on evidence derived therefrom. - The court's conclusion that seizure of the criminal investigation department's mCriminal Procedure · Source page ٢٠٦
- Principle 379Search of dwellings. Must take place during the daytime and after seeking permission from their occupants. The exception. Flagrante delicto. The effect thereof. Entry at night and without permission is permissible, and tCriminal Procedure · Source page ٢٠٦
- Principle 380A police officer may execute the search warrant at the accused's dwelling. Attendance at the search by the investigator who issued the warrant. Not necessary.Criminal Procedure · Source page ٢٠٦
- Principle 381A search conducted or authorised by the Public Prosecution. Condition for its validity: that the police officer has learned from his inquiries and evidence-gathering that a particular offence has been committed by a partCriminal Procedure · Source page ٢٠٦
- Principle 382Searching dwellings at night. Its cases: flagrante delicto and cases of urgency. Example.Criminal Procedure · Source page ٢٠٧
- Principle 383A police officer’s right to search the accused or his residence if he witnesses the commission of the offence or arrives at the scene while the offence is still in flagrante delicto. Article 43, Criminal Procedures and TCriminal Procedure · Source page ٢٠٧
- Principle 384Search of residences. Must take place during daytime. May take place at night in the case of a crime in flagrante delicto or urgency. Assessment thereof is for the police officer under the supervision of the trial court.Criminal Procedure · Source page ٢٠٧
- Principle 385A policeman may arrest without authorization a person accused of a felony where strong evidence supports the accusation, and search him and his dwelling in a case of flagrante delicto, whether the crime is a felony or a Criminal Procedure · Source page ٢٠٧
- Principle 386The inviolability of the person encompasses his body, clothing, and belongings in his possession. - The inviolability of the dwelling encompasses every place enclosed by a wall or surrounded by any barrier, used or prepaCriminal Procedure · Source page ٢٠٧
- Principle 387Residences must be searched during daytime. Exception permitting their search at night if the crime is in flagrante delicto or urgent circumstances require it. Article 85 of the Criminal Procedures and Trials Law. ExamplCriminal Procedure · Source page ٢٠٨
تاسعاً: تفتيش الحديقة
Principle 388The legislature guaranteed the inviolability of the dwelling. Article 38 of the Constitution and Articles 78, 79 of the Criminal Procedures and Trials Law. - Entering homes to search them outside the circumstances specifCriminal Procedure · Source page ٢٠٨عاشراً: تفتيش الجاخور
Principle 389Arrest without a warrant of a person accused of a felony against whom strong evidence exists. A right of police officers. Article 54 of the Criminal Procedure and Trials Law. - Assessment of the strength of the evidence Criminal Procedure · Source page ٢٠٩ثاني عاشر: تفتيش المحل
Principle 391The prohibited search is that conducted on persons and residences without justification in law. - The inviolability of the workplace derives from its connection with the person of its owner or his residence. Issuance of Criminal Procedure · Source page ٢١٠- Principle 392The plea of invalidity of the search of premises was prescribed only to protect the place. A plea of invalidity of the search is not admissible from anyone other than its possessor.Criminal Procedure · Source page ٢١٠
- Principle 393The plea of invalidity of the search of the accused's business premises. What suffices to answer it. Example. - The judgment's digression into describing the premises. Does not vitiate it. - The appellant's objection thaCriminal Procedure · Source page ٢١٠
ثالث عاشر: تفتيش السجون
Principle 394The judgment's failure to respond to the plea that the search of the shop was void. Does not vitiate it so long as it relied on the confession as evidence independent of the search. - The connection of the shop's inviolaCriminal Procedure · Source page ٢١٠- Principle 395Arrest authorized for a police officer without an order. Its cases. - 210 - Criminal Procedures and Trials - The mere fact that the accused speaks in an abnormal manner is not evidence of the seriousness of the accusatioCriminal Procedure · Source page ٢١٠
- Principle 396Searching a prisoner upon his entry into prison. Its scope and basis. Law 26/1962 regulating prisons. Its lack of a provision permitting the search of a prisoner after his entry into prison and outside the circumstances Criminal Procedure · Source page ٢١١
- Principle 397The obligation to search a prisoner upon entry into prison. Basis thereof. Law 26 of 1962 regulating prisons. - A police officer may arrest and search without authorization only in flagrante delicto and in the cases exhaCriminal Procedure · Source page ٢١١
- Principle 398Searching a prisoner in cases other than those specified by law. Impermissible. The reason therefor. Its limitation to the occasion of his entry into prison and the examination of every communication sent by him or receiCriminal Procedure · Source page
- Principle 399The prison governor, his deputy, or the officer supervising visits may search any person or visitor suspected upon entering or leaving the prison, or any means of transport entering the prison. Article 3/1 of Minister ofCriminal Procedure · Source page