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. التفتيش بغير إذن

    Principle 400The right of police officers to arrest without a warrant anyone accused of a felony where strong evidence supports the accusation, and their right to search the accused’s person or residence in the event of an offence inCriminal Procedure · Source page ٢١٢
  2. Principle 401The accused’s confession immediately upon his arrest implicating another person who was not at the scene of the incident. The police officer’s proceeding to that person, arresting him and searching him. A valid procedureCriminal Procedure · Source page ٢١٢
  3. Principle 402The police's right to arrest without authorization anyone accused of a felony where strong evidence supports the accusation. Example. - The police's right to search the accused in a case of flagrante delicto. Example. - Criminal Procedure · Source page ٢١٢
  4. Principle 405Flagrante delicto. Its nature. - Arrest without a warrant by police officers. Its cases. - Assessment of the evidence of the accused's connection to the crime in flagrante delicto. Within the authority of the trial courtCriminal Procedure · Source page ٢١٣
  5. Principle 407Unvitiated consent to conducting the search. Its effect. Permissibility of relying on the evidence derived from it. - Inferring consent to the search. A matter of fact. Condition therefor.Criminal Procedure · Source page ٢١٣
  6. Principle 408Permissibility of conducting an investigation or search or effecting arrest or detention or any criminal procedure against a member of the National Assembly in the case of an offense in flagrante delicto. Its basis. ExamCriminal Procedure · Source page ٢١٣
  7. Principle 409An accused's confession implicating another who was not at the scene of the incident. Validity of the latter's arrest and search and the search of his dwelling. - 213 - Criminal Procedures and TrialsCriminal Procedure · Source page ٢١٣
  8. Principle 410Customs inspectors have the right to search places, persons, goods and means of transport within the customs zone whenever they have grounds for suspicion concerning goods and baggage and suspicion of smuggling concerninCriminal Procedure · Source page ٢١٤
  9. Principle 412The restrictions imposed on searches. Their purpose. Safeguarding the inviolability of the dwelling or personal liberty. The effect thereof with respect to waiving them or consenting to a search.Criminal Procedure · Source page ٢١٤
  10. Principle 413A policeman may arrest without authorization a person accused of a felony where strong evidence supports the accusation. The basis for this. Article 54, Criminal Procedures. He may also, in a case of flagrante delicto, aCriminal Procedure · Source page ٢١٤
  11. Principle 414Searching the person of the accused by the person authorized to do so and presenting him to the forensic evidence department to take a urine sample for analysis amounts to no more than interference to the extent permitteCriminal Procedure · Source page ٢١٤
  12. Principle 415Validity of the arrest pursuant to Article 54, Criminal Procedures. Its effect. Validity of the search conducted by the judicial police officer. Example. - 214 - Criminal Procedures and TrialsCriminal Procedure · Source page ٢١٤
  13. Principle 416Searching a person and his belongings without a warrant from the competent authority. Impermissible. Exception. Flagrante delicto and the cases exhaustively set out in Articles 43, 53 to 57 of the Procedures Law. - FlagrCriminal Procedure · Source page ٢١٥
  14. Principle 418The officer’s inquiries concerning the perpetrator of the crime, the ascertainment that the appellant was its perpetrator, and the latter’s admission thereof after his arrest. Sufficient for the existence of strong evideCriminal Procedure · Source page ٢١٥
  15. Principle 419Any restriction on personal liberty. Impermissible except in a case of flagrante delicto, with authorization from the Public Prosecution, or in one of the cases provided for by law. Articles 43, and 53 to 57 of the CrimiCriminal Procedure · Source page ٢١٥

  16. التفتيش المحظور (الباطل)

    Principle 420A police officer has the right to arrest—without an order—anyone accused of a felony where strong evidence supports the accusation. - A plea that the arrest is void after expiry of the authorization issued by the Public Criminal Procedure · Source page ٢١٥
  17. Principle 421The search prohibited by law. Its nature. - Entering 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 perCriminal Procedure · Source page ٢١٦
  18. Principle 423Searching a person, his residence or his correspondence to seize objects used in the crime, resulting from it or connected with it, whenever the necessity of the investigation requires this and no other means of obtaininCriminal Procedure · Source page ٢١٦
  19. Principle 424Merely observing the accused in an abnormal condition does not permit searching him. The investigator's referral of the two accused to forensic evidence services to determine whether or not they had consumed narcotic subCriminal Procedure · Source page ٢١٧
  20. Principle 425Merely observing the accused in an abnormal condition. Does not establish an offence in flagrante delicto or any of the cases prescribed by law permitting arrest and search without a warrant. Consequence thereof. InvalidCriminal Procedure · Source page ٢١٧
  21. Principle 426The prohibited search. Its nature. - The issuance by the Public Prosecution of an order to search any persons or dwellings. It necessarily encompasses what is connected thereto, such as the workplace and car.Criminal Procedure · Source page ٢١٧
  22. Principle 427A police officer’s seeing the appellant driving his car with tinted windows in violation of the Traffic Law. Permits him only to stop him, arrest him, and draw up the requisite report. Searching the car and finding narcoCriminal Procedure · Source page ٢١٧
  23. Principle 428Invalidity of arrest and search. Exclusion of the evidence derived from them. Example. - Justice is not harmed by a criminal's escaping punishment as much as it is harmed by encroachment upon people's liberty and their aCriminal Procedure · Source page ٢١٨
  24. Principle 429A situation of flagrante delicto permits the police officer to search the person without the investigator's authorisation. Article 43 of the Criminal Procedures Law. Its condition: that the flagrante delicto result from Criminal Procedure · Source page ٢١٨
  25. Principle 430Invalidity of arrest and search. Exclusion of the evidence derived from them. Example. - Justice is not harmed by a criminal escaping punishment as much as it is harmed by encroaching upon people’s freedom and arresting Criminal Procedure · Source page ٢١٨
  26. Principle 431Arresting and searching a person or searching his personal belongings. Impermissible without a warrant from the investigating authority except in offences in flagrante delicto and the cases exhaustively set out in ArticlCriminal Procedure · Source page ٢١٨

  27. التفتيش الوقائي

    Principle 433The prohibited search is that conducted on persons and residences without legal justification. - The inviolability of a workplace derives from its connection to the person of its owner or his residence. Issuance of an orCriminal Procedure · Source page ٢١٩
  28. Principle 434The preventive search conducted before boarding an aircraft for reasons of security and safety. Its basis. The passengers' prior consent to it and submission to it when using the aircraft. A lawful procedure if it resultCriminal Procedure · Source page ٢١٩
  29. Principle 435A police officer's search of a person out of his senses on a public road to ascertain his identity. Involves neither a violation of the law nor an infringement of that person's liberty. Reason for that. His discovery of Criminal Procedure · Source page ٢١٩
  30. Principle 436The competent physician's examination of an unconscious person's clothing immediately upon his transfer to hospital, for the purpose of finding his identification, establishing his identity, and inventorying his belonginCriminal Procedure · Source page ٢١٩

  31. الدفع ببطلان التفتيش

    Principle 438A protective search. A right of the police officer arresting a person to remove from him weapons and anything he might use to resist or to harm himself or others. The basis thereof: Article 51 of the Criminal Procedures Criminal Procedure · Source page ٢٢٠
  32. Principle 439The plea of invalidity of a search is a legal plea mixed with fact. Raising it for the first time before the Court of Cassation. Impermissible. Unless it had been pleaded before the trial court, or the judgment’s recordeCriminal Procedure · Source page ٢٢١
  33. Principle 441The plea of invalidity of the search. Among legal pleas mixed with fact. Raising it or invoking a new basis for it for the first time before the Court of Cassation. Impermissible. Unless the recorded contents of the judgCriminal Procedure · Source page ٢٢١
  34. Principle 442The appellant's challenge asserting the invalidity of the arrest and search because of their absence and the absence of a state of flagrante delicto. Inadmissible. So long as the judgment did not find that a state of flaCriminal Procedure · Source page ٢٢١

  35. الدفع بصدور الإذن بعد التفتيش

    Principle 445Stopping a person to inquire about personal particulars. A procedure necessary for the inquiries conducted by a police officer. Taking the person to the police station. Its condition. The existence of indications of the Criminal Procedure · Source page ٢٢٢

  36. صاحب المصلحة في الدفع ببطلان التفتيش

    Principle 446The plea of invalidity of arrest and search. A factual matter. - The court’s satisfaction that the arrest and search were based on a warrant from the Public Prosecution, relying on the testimony of the officer involved iCriminal Procedure · Source page ٢٢٢
  37. Principle 448Invalidity of the search. Its effect. - Invalidity of the search. Does not preclude reliance on evidentiary elements independent of it and leading to the result it yielded. The interest in pleading invalidity of the searCriminal Procedure · Source page ٢٢٢
  38. Principle 449Nullity of the search. Does not preclude reliance on all other evidentiary elements independent of it and leading to the same result it yielded, including a subsequent confession. - The accused's admission, after a void Criminal Procedure · Source page ٢٢٢
  39. Principle 450No person other than the person subjected to the procedure has standing to plead its nullity, even if he would benefit therefrom. The reason for this. An example of a plea of nullity of a search authorization by a personCriminal Procedure · Source page ٢٢٣

  40. التفتيش الباطل وأثره

    Principle 452Reliance in conviction on the statements of the appellant and another accused in the prosecution’s investigation and on the technical report, rather than the evidence derived from searching his dwelling. The challenge alCriminal Procedure · Source page ٢٢٣
  41. Principle 453Invalidity of arrest and search. Does not preclude reliance on other independent items of evidence, such as the accused's subsequent confession and the statements of other accused persons and witnesses. A confession subsCriminal Procedure · Source page ٢٢٣
  42. Principle 454The judgment's error in calling the accused's statements a confession. Does not vitiate it. - Relying on the accused's statements against himself and against other accused persons. Within the authority of the - 223 - CriCriminal Procedure · Source page ٢٢٣
  43. Principle 455Invalidity of the arrest and search. Does not preclude reliance on evidentiary elements independent of them, including a subsequent confession. Assessment of the extent of the connection between the confession and the inCriminal Procedure · Source page ٢٢٤
  44. Principle 457Invalidity of a search does not preclude reliance on other evidentiary elements independent of it and leading to the same result it yielded, including a subsequent confession. Import thereof. The futility of invoking theCriminal Procedure · Source page ٢٢٤
  45. Principle 458The judgment’s reliance on the second appellant’s confession in rejecting the plea of invalidity as to him alone. The assertion that the court relied on this confession in rejecting the plea as to the first appellant is Criminal Procedure · Source page ٢٢٤
  46. Principle 461An invalid arrest entails exclusion of the evidence derived from it, not the events that occurred on the day - 224 - Criminal Procedures and Trials it was carried out. The effect thereof. The judgment may rely on other eCriminal Procedure · Source page ٢٢٤
  47. Principle 462The judgment's correct conclusion that the appellant's arrest was valid because it resulted from a lawful procedure. Its reliance on whom the analysis of the sample taken from his urine revealed. Correct. Reason for thatCriminal Procedure · Source page ٢٢٥
  48. Principle 464The nullity of the search conducted by the police officer. Its effect: the nullity of the evidence derived from this void procedure. The reason for this: what is founded upon a nullity is itself void. An example.Criminal Procedure · Source page ٢٢٥
  49. Principle 465Exclusion of the accused persons’ confession to the police officer to committing attempted theft, and the record containing nothing except the discovery, through searching the car in which they were riding, of tools whosCriminal Procedure · Source page
  50. Principle 466The appellant's statement that his confession in the prosecution investigations. Was out of fear of coercion. Does not constitute coercion. So long as he did not plead that coercion or torture had been inflicted upon himCriminal Procedure · Source page
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