Cassation principles Penal Law
Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 1,524 available principles
Search this collectionأولاً: الركن المادي (فعل الخطف)
Principle 513The offense of kidnapping criminalized by Article 180 of the Penal Code. Its establishment: by removing the female victim from the place from which she was kidnapped with the intent of committing one of the acts mentionePenal Law · Source page ١٣٧ثانياً: القصد الجنائي
Principle 514Offences for which instituting proceedings requires the submission of a complaint. The victim may settle with the accused before or after judgment is rendered. - Offences for which initiating criminal proceedings requirePenal Law · Source page ١٣٧- Principle 515The judgment's separately addressing criminal intent in the offence of kidnapping by force with intent to commit indecent assault. Not necessary. It suffices that it set out facts and circumstances demonstrating its exisPenal Law · Source page ١٣٨
- Principle 516Criminal intent in the offense of abducting an insane or mentally deficient person or a person under 21 years of age. Its realization by the perpetrator's will being directed toward removing the victim from the place desPenal Law · Source page ١٣٨
- Principle 517Criminal intent in the offence of kidnapping an insane person, a mentally deficient person, and a minor. Its nature. An example.Penal Law · Source page ١٣٨
- Principle 518The trial court's inference, within the limits of its discretionary authority, of the absence of criminal intent in the crime of kidnapping. Disputing this. A factual matter.Penal Law · Source page ١٣٨
- Principle 521The offence of kidnapping stipulated in Article 178/1 of the Penal Code is established by removing the victim from the place from which he was kidnapped through force, threats, or trickery. Criminal intent is establishedPenal Law · Source page ١٣٩
- Principle 522The offense of kidnapping provided for in Article 180 of the Penal Code. The criterion for its establishment. The mere removal of the victim from the place from which he was kidnapped by one of the methods indicated therPenal Law · Source page ١٣٩
ثالثاً: الشروع في الجريمة
Principle 523Attempted kidnapping. Does not require specific criminal intent. Third: Attempt to commit the crime:Penal Law · Source page ١٣٩- Principle 524The element of force in the offence of attempted kidnapping. For its establishment, it suffices that the act occurred against the female victim’s will, whatever the degree of force used against her.Penal Law · Source page ١٣٩
- Principle 526The offense of kidnapping by force or threat provided for in Article 178 of the Penal Code. Established by removing the victim from the place from which he was kidnapped through force, threat, or deception. - Criminal inPenal Law · Source page ١٤٠
رابعاً: المقصود بالشكوى
Principle 528Criminal proceedings in offenses of kidnapping females may not be initiated except upon the victim's complaint. The victim may withdraw it. Withdrawal is considered a special pardon of the accused. - The trial court's omPenal Law · Source page ١٤٠- Principle 529Waiver in respect of the offence of kidnapping, which is the more serious offence. Has no effect on the less serious offence of indecent assault. The basis thereof. - Failure to initiate criminal proceedings for the morePenal Law · Source page ١٤١
- Principle 530The complaint provided for in Article 109, Procedure. No particular form is required for it. An expression indicating the wish of the victim or his guardian to initiate criminal proceedings suffices.Penal Law · Source page ١٤١
- Principle 531Offences for which initiating criminal proceedings requires the submission of a complaint. They are exhaustively enumerated. The offence of kidnapping males. Not included among them. The effect thereof. It is not subjectPenal Law · Source page ١٤١
خامساً: تنازل المجني عليه وتقديره
Principle 533The crime of kidnapping the female victim by force or deception with intent to commit indecent assault. Is independent of the crime of indecent assault upon the female victim deprived of volition. Its implication. The exPenal Law · Source page ١٤٢- Principle 534Article 84/1 of the Penal Code. Its scope of application: imposing punishment for all connected offences. The implication thereof: if a rule exempting from liability or punishment applies to the more serious offence, or Penal Law · Source page ١٤٢
- Principle 535The female victim's waiver in the offence of kidnapping. It has no effect in respect of the offence of attempted sexual intercourse and forcible indecent assault, despite the connection between these offences and despitePenal Law · Source page ١٤٢
- Principle 536The judgment's establishment of the crimes of kidnapping and indecent assault against the appellants. The victim's father's waiver. Has no effect. - Challenging the judgment for failing to give effect to this waiver is wPenal Law · Source page ١٤٣
- Principle 537The offence of kidnapping stipulated in Article 180 of the Penal Code. Individual pardon and settlement with the accused are not permissible therein. Basis thereof. The challenge thereto. Has no place.Penal Law · Source page ١٤٣
- Principle 538The female victim's acknowledgment during the Public Prosecution investigations that she waived the incident as against the accused. Requires the court to accept the female victim's pardon regarding the charge of kidnappPenal Law · Source page ١٤٣
سادساً: خطف الصغير
Principle 539The crime of kidnapping falls outside the crimes exhaustively enumerated in Article 240 of the Criminal Procedure and Trials Law. The female victim's waiver thereof. Has no effect. Sixth: Kidnapping a minor:Penal Law · Source page ١٤٣أولاً: الركن المادي
Principle 541The appellant's being alone with the female victim, aged thirteen years, at his residence and having partial sexual intercourse with her with her consent establishes the offense of sexual intercourse criminalized by ArtiPenal Law · Source page ١٤٧- Principle 542The legislature restricted the grounds for the victim's lack of volition in the offence of indecent assault criminalized by Article 191 of the Penal Code to young age, insanity and mental deficiency, exhaustively. As forPenal Law · Source page ١٤٧
- Principle 544The offence of sexual intercourse with a female. Habitual conduct is not required for its establishment; committing the act once suffices. - 147 - Penal LawPenal Law · Source page ١٤٧
- Principle 545The age relied upon in the offence of sexual intercourse is the female victim's actual age. The offender is presumed to know this age. Unless exceptional circumstances exist that negate this presumption.Penal Law · Source page ١٤٨
- Principle 546A waiver concerning the offence of adultery, although encompassing the offence of sexual intercourse provided for in Article 194 of the Penal Code, does not encompass the offence of sexual intercourse provided for in ArtPenal Law · Source page ١٤٨
- Principle 547Apprehending the perpetrator in flagrante delicto. A condition for punishment for the crimes of consensual sexual intercourse and adultery. What such flagrante delicto requires: that the perpetrator has been seen in circPenal Law · Source page ١٤٨
- Principle 548The element of coercion in the offence of sexual intercourse is established whenever the act constituting it occurred without the female victim’s consent.Penal Law · Source page ١٤٨
- Principle 550Coercion in the offence of sexual intercourse with a female without her consent. The criterion for its establishment. - A trace being left on the victim’s body. Not required for the offence to be established.Penal Law · Source page ١٤٨
- Principle 551The trial court may reach a conclusive finding on what the expert did not conclusively determine in his report. The condition thereof. - Coercion as an element of the offence of sexual intercourse. Established if the actPenal Law · Source page ١٤٨
- Principle 552The material element of the offense of sexual intercourse with a female. Established by having intercourse with her without her consent through means that deprive her of her will. The court may infer coercion and sexual Penal Law · Source page ١٤٩
- Principle 553Assessment of the existence or absence of coercion extinguishing the will. Among the means of fact determined by the trial court. - The female victim's agreeing to enter the car with the respondent without any previous aPenal Law · Source page ١٤٩
- Principle 554The two offences of sexual intercourse with a female without coercion, threat or deception, and detaining her in circumstances other than those prescribed by law. They are not offences for which proceedings may be institPenal Law · Source page ١٤٩
- Principle 555Punishment for the offences of consensual sexual intercourse and adultery. Its requirement. Apprehending the perpetrator in flagrante delicto. The implication thereof. Observing the perpetrator in circumstances leaving nPenal Law · Source page ١٤٩
ثانياً: القصد الجنائي
Principle 557The criminal intent required in the offence of having sexual intercourse with a female without force, threat or deception. The prerequisite for its establishment. - The judgment's account of the appellant taking the femaPenal Law · Source page ١٥٠- Principle 558Criminal intent in the crime of sexual intercourse with a female without force, threat, or deception. Established by the perpetrator's knowledge and will being directed toward committing the act constituting the crime, nPenal Law · Source page ١٥٠
- Principle 559The judgment’s rejection of the defence that the perpetrator lacked criminal intent and did not know the victim’s age in the offence of having sexual intercourse with a female without force, threat, or deception, on the Penal Law · Source page ١٥٠
ثالثاً: العقوبة
Principle 561The offense of sexual intercourse stipulated in Article 187/1 of the Penal Code is punishable by life imprisonment. As for the offense of sexual intercourse stipulated in Article 188/1, its punishment is imprisonment forPenal Law · Source page ١٥١- Principle 562The female victim's waiver in the crime of kidnapping. Has no effect in respect of the crime of attempted sexual intercourse and indecent assault by coercion, despite the connection between these crimes and despite the cPenal Law · Source page ١٥١
- Principle 563Application of the mitigating excuse when the wife commits the offence of adultery or sexual intercourse. Its condition. Being caught in the act and contemporaneity between the surprise discovery of adultery or intercourPenal Law · Source page ١٥١
- Principle 564Waiver by the victim spouse in the offence of adultery. An exception to which no analogy may be drawn. - The offence of intercourse with a female who has attained fifteen years but has not attained twenty-one years, provPenal Law · Source page ١٥١
- Principle 565The right of the injured spouse to prevent the institution of criminal proceedings against the other, adulterous spouse, and the waiver that entails staying trial proceedings after the action has been brought and stayingPenal Law · Source page ١٥٢
- Principle 566The judgment's application of the connection between the two charges of sexual relations with a woman while the perpetrator is married to another and intercourse with a woman aged twenty-one with her consent, and its affPenal Law · Source page ١٥٢
- Principle 567The victim spouse's right to prevent the institution of criminal proceedings against the adulterous spouse, and the waiver entailing a stay of trial proceedings after the action has been brought and a stay of enforcementPenal Law · Source page
- Principle 568The offender's act extending to parts of the female victim's body considered, according to the circumstances of the incident and the prevailing custom in the country, offensive to her sense of sexual modesty. This establPenal Law · Source page
- Principle 569The act leaving no trace on the victim. Does not preclude the establishment of the material element of the offence of indecent assault. The medical report stating that there are no traces of the act. Has no effect on thePenal Law · Source page
- Principle 571The offence of indecent assault by coercion. Its elements differ from those of the offence of incitement to debauchery and prostitution. The consequence thereof: the court of second instance is not entitled to attribute Penal Law · Source page
- Principle 572The elements of the offense of indecent assault. What suffices for their establishment. - Raising the absence of traces of penetration in the medical report or the incident officer's failure to specify this. The criterioPenal Law · Source page
- Principle 573The material element of the offense of forcible indecent assault. Its establishment does not require that the act leave a mark on the victim. - A previous indecent assault upon the victim does not detract from the existePenal Law · Source page