المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
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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. د- استجواب المتهم (الإقرار والاعتراف)

    Principle 467The confession that may not be divided, interpreted or have anything deleted from it. Its nature.Criminal Procedure · Source page ٢٢٦
  2. Principle 468Inferring the truth from the accused’s statements without being bound by their wording and apparent meaning. A matter of fact.Criminal Procedure · Source page ٢٢٦
  3. Principle 469Mere fear of assault. Does not constitute coercion invalidating a confession. Basis thereof. - Factual argument. Impermissible before the Court of Cassation.Criminal Procedure · Source page ٢٢٦
  4. Principle 470The trial court may rely, in convicting the accused, on the statements of another accused so long as it is satisfied with them.Criminal Procedure · Source page ٢٢٦
  5. Principle 471Fear, dread and confusion. Neither of them is considered a ground for nullity of a confession. The judgment is not vitiated by disregarding the defense relating to that.Criminal Procedure · Source page ٢٢٦
  6. Principle 472The trial court may rely on the accused’s statements against himself and other accused persons at any stage of investigation or trial, even if he subsequently retracts them. Raising it before the Court of Cassation is imCriminal Procedure · Source page ٢٢٦
  7. Principle 473The confession regarding which the court must hear the accused's statements and question him refers to the confession made by the accused before the court when confronted with the charge against him. It alone is the confCriminal Procedure · Source page ٢٢٧
  8. Principle 474A confession in criminal matters is among the elements of inference. Assessment of its validity and evidentiary value. Factual. The court may disregard it if it considers it contrary to truth and reality.Criminal Procedure · Source page ٢٢٧
  9. Principle 475The court's error in calling the accused's statements a confession. Does not vitiate the judgment, so long as the court did not base the evidence of guilt on it alone. An example.Criminal Procedure · Source page ٢٢٧
  10. Principle 476Invalidity of arrest and search. Does not prevent the judge from accepting all other independent elements of proof leading to the result produced by the search, such as the accused’s subsequent confession. - Assessing thCriminal Procedure · Source page ٢٢٧
  11. Principle 477The requirement to examine the connection between the evidence derived from the confession and any promise or inducement made to the accused. Through sound inference. So long as the court has decided to rely upon it. ExaCriminal Procedure · Source page ٢٢٨
  12. Principle 478The appellant's challenge to the judgment for omitting to respond to the plea of invalidity of the arrest and search. Unavailing. So long as it relied on his statements in the Public Prosecution's investigations as indepCriminal Procedure · Source page ٢٢٨
  13. Principle 479The appellant’s failure during trial to maintain that his confession resulted from deception by police officers. Raising this for the first time before the Court of Cassation. Inadmissible.Criminal Procedure · Source page ٢٢٨
  14. Principle 480The court is not bound to accept the accused’s confession according to its wording and apparent meaning. It may sever the confession and accept those parts in which it has confidence.Criminal Procedure · Source page ٢٢٨
  15. Principle 481The interdependence of evidence in criminal matters. Its import. - The trial court has complete freedom to rely on the appellant’s statements to convict him, to sever them, or to interpret them according to what it consiCriminal Procedure · Source page ٢٢٨
  16. Principle 482Determining whether the confession resulted from torture or coercion. For the trial judge. He may rely on it once he has verified its soundness and is satisfied with it. - 228 - Criminal Procedures and TrialsCriminal Procedure · Source page ٢٢٨
  17. Principle 483The trial court may rely on the accused’s statements in the Public Prosecution’s investigation even if he subsequently retracts them. Condition thereof. Example concerning a sound response to the invalidity of a confessiCriminal Procedure · Source page ٢٢٩
  18. Principle 484The court's error in calling the accused's statements a confession. Does not impair the soundness of the judgment. So long as it did not attach to them the legal effect of a confession.Criminal Procedure · Source page ٢٢٩
  19. Principle 485The confession relied upon. Must be voluntary. A confession resulting from coercion or threats. Reliance reliance upon it is not valid, even if truthful.Criminal Procedure · Source page ٢٢٩
  20. Principle 486A confession must be voluntary. A plea of its nullity because it was made under duress. A substantive defense. Examining and responding to it is obligatory so long as the court relied upon it.Criminal Procedure · Source page ٢٢٩
  21. Principle 488Pleading for the first time before the Court of Cassation that the admission resulted from coercion. Inadmissible. - 229 - Criminal Procedures and TrialsCriminal Procedure · Source page ٢٢٩
  22. Principle 489Confession in criminal matters. Its assessment. For the trial court. - Criminal trials. What matters is the court's conviction of the accused's guilt or innocence based on the evidence presented to it. Doubt as to attribCriminal Procedure · Source page ٢٣٠
  23. Principle 490Authorization for arrest and search. Does not stand countries reliance on other independent evidentiary elements, such as the accused's subsequent confession and the statements of other accused persons and witnesses. - ACriminal Procedure · Source page ٢٣٠
  24. Principle 491Ascertaining legal facts and weighing evidence, including the accused's statements against himself and against other accused persons. Within the authority of the trial court, provided it is sound.Criminal Procedure · Source page ٢٣٠
  25. Principle 492Assessing the accused’s statements and the extent of their connection with an invalid procedure taken against him. Within the authority of the trial court. Dispute over this is factual and may not be raised before the CoCriminal Procedure · Source page ٢٣٠
  26. Principle 493Confession in criminal matters. An element of evidentiary inference. - The plea of invalidity of a confession because it was the product of coercion. What suffices in response to it.Criminal Procedure · Source page ٢٣٠
  27. Principle 494The substantive defence that the court is obliged to address and answer. Its condition. That reality attest to and support it. An example of a non-substantive defence concerning the impugning of a confession.Criminal Procedure · Source page ٢٣٠
  28. Principle 495Confession in criminal matters. Its assessment falls within the authority of the trial court. It may assess the accused’s mental condition. - 230 - Criminal Procedures and TrialsCriminal Procedure · Source page ٢٣٠
  29. Principle 496Confession. Assessment of its validity and evidentiary value. Within the authority of the court of merits. It may rely on the accused's confession at any stage of the investigation, even if he retracts it at other stagesCriminal Procedure · Source page ٢٣١
  30. Principle 498Assessment of the soundness of the accused's confession and the truth or otherwise of his claim that it resulted from physical or psychological coercion falls within the authority of the trial court. Its authority to relCriminal Procedure · Source page ٢٣١
  31. Principle 499Confession in criminal matters is one of the elements of inference. The authority of the court of merits to assess its validity and evidential value. When it may not be relied upon.Criminal Procedure · Source page ٢٣١
  32. Principle 500A plea that a confession is invalid because it was made under the influence of coercion or threats. A substantial defence. Failure to discuss and answer it. Renders the judgment deficient insofar as it relied upon the coCriminal Procedure · Source page ٢٣١
  33. Principle 501Confession in criminal matters. Its assessment. For the trial court. The controlling consideration therein. Refers to the judge’s conscience and what he finds convincing.Criminal Procedure · Source page ٢٣١
  34. Principle 502Invalidity of the search does not preclude reliance on other evidentiary elements independent of it and leading to - 231 - Criminal Procedures and Trials the same result it yielded, including a subsequent confession. ThiCriminal Procedure · Source page ٢٣١
  35. Principle 503Inferring the absence of evidence that the marks on the appellant resulted from his being assaulted by beating during questioning. Factual. And sufficient to answer the plea that the confession is void.Criminal Procedure · Source page ٢٣٢
  36. Principle 504The judgment's digressions that had no effect on its reasoning or on its conclusion that the confession was valid and that there was no connection between the injuries and that confession. Do not vitiate it.Criminal Procedure · Source page ٢٣٢
  37. Principle 505The court's confidence in the truth of an accused's statements against other accused persons and its lack of confidence in the truth of his statements against himself, which he retracted. There is no defect or contradictCriminal Procedure · Source page ٢٣٢
  38. Principle 506The judgment's account of the appellant's confession in the manner stated in the grounds of appeal, without attributing to him a confession to committing the crime. No error of attribution. - Assessment of the accused's Criminal Procedure · Source page ٢٣٢
  39. Principle 507Reliance on the statements of one accused against another. Within the authority of the court of merits. Its implication. Reliance on his statements. Rejection of all considerations advanced by the defence to induce it noCriminal Procedure · Source page ٢٣٢
  40. Principle 509Coercion invalidating a confession is anything that inflicts physical or psychological harm upon the person confessing - 232 - Criminal Procedures and Trials and thus affects his will and induces him to make it. - The acCriminal Procedure · Source page ٢٣٢
  41. Principle 510The judgment’s account of the appellant’s admission as recorded in the investigations. No error in attribution.Criminal Procedure · Source page ٢٣٣
  42. Principle 511Examination of the validity of the accused’s claim that the confession was extracted under coercion. Falls within the authority of the trial court.Criminal Procedure · Source page ٢٣٣
  43. Principle 512The judgment’s reliance, in convicting, solely on the confession before the appellate court. A challenge alleging defects in the arrest and search procedures. Inadmissible.Criminal Procedure · Source page ٢٣٣
  44. Principle 513The determining consideration in proof in criminal matters is the trial court’s conviction. Evidence need not concern eyewitness observation of the incident. - The trial court may rely on the accused’s confession at any Criminal Procedure · Source page ٢٣٣
  45. Principle 514The nature of the confession relied upon as evidence in the case. - The defence that the confession is invalid because it was made under coercion. Substantial. Failure to respond to it vitiates the judgment so long as itCriminal Procedure · Source page ٢٣٣
  46. Principle 515The judgment's non-reliance on the accused persons' written confessions. The challenge that they resulted from fear and coercion has no basis. - 233 - Criminal Procedures and TrialsCriminal Procedure · Source page ٢٣٣
  47. Principle 516The court's rejection of the appellant's plea of nullity of his confession. No defect, where the plea is unsupported.Criminal Procedure · Source page ٢٣٤
  48. Principle 517The appellant’s challenge that one accused’s confession resulted from coercion. Inadmissible where the judgment did not rely on that confession in its ruling. Example.Criminal Procedure · Source page ٢٣٤
  49. Principle 518Flagrante delicto is the legally admissible evidence for proving the crimes of adultery and sexual intercourse. The accused's confession against himself. The court may accept and rely upon it whenever satisfied of its veCriminal Procedure · Source page
  50. Principle 519Confession in criminal matters. Is no more than an item of evidence in the case subject to the assessment of the court of merits, provided it discloses the reasons for which it accepted or rejected it. Its necessary implCriminal Procedure · Source page
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