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: الفعل المادي
Principle 574The offence of kidnapping for indecent assault. What is required for its establishment. Assessment of the existence of the element of deception therein. A matter of fact.Penal Law · Source page ١٥٦ثانياً: القصد الجنائي
Principle 575The material element in the offence of indecent assault. Established by any act violating the female victim's sexual modesty that extends to her body, even if it does not touch a part considered a private part thereof, sPenal Law · Source page ١٥٦- Principle 577Criminal intent in the offence of forcible indecent assault. Its nature: the offender's will being directed towards committing the act constituting the offence while knowing that it violates the sexual modesty of the perPenal Law · Source page ١٥٧
- Principle 578Criminal intent in the offence of indecent assault. Its nature. Motive. Has no effect.Penal Law · Source page ١٥٧
- Principle 579The trial court's doubt as to the correctness of attributing the charge to the accused. Suffices for an acquittal. The condition therefor. An example of the absence of criminal intent in the offence of indecent assault.Penal Law · Source page ١٥٧
- Principle 580The offence of indecent assault. Is not an offence of specific intent. General intent suffices for its establishment. When this intent is established.Penal Law · Source page ١٥٧
- Principle 581The offence of indecent assault. When it is established. - Criminal intent in the offence of indecent assault. When it is established. - The offender's exposure of the female victim's thighs and infliction of burns on thPenal Law · Source page ١٥٧
- Principle 582Unconsciousness from intoxication does not exempt from punishment. The condition for this. That the intoxicating substance was consumed voluntarily by the perpetrator and that the crime does not require specific criminalPenal Law · Source page ١٥٨
- Principle 583The material element of the offence of indecent assault. The criterion for its establishment. - Criminal intent in this offence. What the law requires for its establishment. - The judgment stating that the condition for Penal Law · Source page ١٥٨
ثالثاً: ركن الإكراه
Principle 584The offence of indecent assault. The criterion for its establishment. - Its establishment does not require that the victim’s body be the passive locus of the perpetrator’s act. It suffices that the body was taken into coPenal Law · Source page ١٥٨- Principle 585Coercion in the felony of forcible indecent assault. Its establishment: the occurrence of the act constituting it without the victim's consent and against his will. Taking the victim by surprise negates consent.Penal Law · Source page ١٥٩
- Principle 586Consent that negates the element of coercion in the felony of indecent assault by coercion. Its nature: consent preceding the commission of the act or existing at the time of its commission.Penal Law · Source page ١٥٩
- Principle 587Assessment of the existence of the element of force in the offence of kidnapping and the element of coercion in the offence of indecent assault. Within the authority of the trial court. The condition therefor.Penal Law · Source page ١٥٩
- Principle 588Assessment of the existence of the element of force in the offence of kidnapping and the element of coercion in the offence of indecent assault. Within the trial court's authority, without review. Its condition. An exampPenal Law · Source page ١٥٩
- Principle 589The existence of an employment relationship between the employer and his worker suffices to aggravate the punishment for indecent assault. The reason for this. Stating the circumstances and facts surrounding the offence Penal Law · Source page ١٥٩
رابعاً: انعدام إرادة المجني عليه
Principle 590The material element of the offence of forcible indecent assault is established by any act violating the victim's sexual modesty, extending to his body and offending his sense of modesty without his consent. It is not a Penal Law · Source page ١٦٠- Principle 591Article 191 of the Penal Code. Its import. - The crime of sexual intercourse with a female differs from the crime of indecent assault. Basis thereof. Its effect: different penalties. - Being under 15 years of age is a prPenal Law · Source page ١٦٠
- Principle 592The material element of the offence of indecent assault. Its establishment does not require that the act leave a trace on the victim - 160 - Penal matters. - Assessing the victim’s lack of will owing to his young age. WiPenal Law · Source page ١٦٠
- Principle 593The element of force or threat in the offence of indecent assault to eliminate the victim's consent. What suffices for its establishment. An example.Penal Law · Source page ١٦١
- Principle 594The offense of indecent assault. It is established by the commission of any act violating the victim's sexual modesty and extending to the victim's body, touching any of the victim's private parts and offending the victiPenal Law · Source page ١٦١
خامساً: الجهل بسن المجني عليه وتقديره
Principle 595Criminal intent in indecent assault. It is legally established by the perpetrator’s will being directed towards committing the act while knowing that it violates the sexual modesty of the person subjected to it. DiscussiPenal Law · Source page ١٦١- Principle 596The appellant's failure to plead his ignorance of the victim's age before the trial court. Raising this for the first time before the Court of Cassation. Inadmissible. Nor is what he raises concerning his age at the hearPenal Law · Source page ١٦٢
سادساً: الشروع في الجريمة:
Principle 597The general rule in proving age is that only an official birth certificate is recognized, or that it be estimated by the medical authority, and it is calculated according to the Gregorian calendar. The basis: Article 2 oPenal Law · Source page ١٦٢- Principle 598Acts committed by the accused upon the victim's body which are not in themselves contrary to decency may be regarded as an attempted indecent assault. Example.Penal Law · Source page ١٦٢
- Principle 600The challenged judgment’s failure to regard the acts committed by the appellant as attempted indecent assault by coercion. And they constitute a public indecent act. An error in the application of the law requiring its cPenal Law · Source page ١٦٣
- Principle 601The offense of indecent assault. Its material element. What establishes it. - An attempt to commit an offense is the commencement of execution of an act immediately preceding the execution of its material element and leaPenal Law · Source page ١٦٣
- Principle 603The offences of kidnapping and attempted indecent assault. The principal perpetrator therein. An example.Penal Law · Source page ١٦٣
- Principle 604The offence of indecent assault. The criterion for its completion. - The offence of attempted indecent assault. The criterion for its establishment. - Establishing that the offender committed the acts constituting the ciPenal Law · Source page ١٦٣
سابعاً: ارتباط هتك العرض بالخطف
Principle 605The offence of indecent assault. It falls outside the offences in which reconciliation or individual pardon by the victim is permissible. The latter's waiver thereof. It has no effect. Objecting to the judgment for failiPenal Law · Source page ١٦٣- Principle 606The connection between the crime of attempted indecent assault by coercion attributed to the appellant and the crime of kidnapping. Application of Article 84 of the Penal Code and the challenged judgment's imposition of Penal Law · Source page ١٦٤
- Principle 607The challenged judgment’s conclusion that the offence of indecent assault on the female victim by coercion was connected with the offence of kidnapping by trickery with intent to have sexual intercourse, applying ArticlePenal Law · Source page ١٦٤
- Principle 608The purpose of connection under Article 84/1 of the Penal Code. - Waiver produces no legal effect except in respect of the offense of kidnapping.Penal Law · Source page ١٦٤
- Principle 610The offense of forcible indecent assault. It is not among the offenses in which settlement or individual pardon is permissible. Withdrawal in respect thereof has no effect. - The judgment's conclusion that the offense ofPenal Law · Source page ١٦٤
- Principle 611The prescribed punishment for the crime of indecent assault upon a girl who has not attained the age of twenty-one without coercion, threat, or deception. Imprisonment for a term not exceeding ten years. The court's assePenal Law · Source page ١٦٥
أولاً: تحققه
Principle 612The offences of indecent assault by threats, attempted commission thereof, and desecration of places of worship. Settlement and individual pardon by the victim therein. Impermissible. Waiver thereof. Has no effect thereiPenal Law · Source page ١٦٥- Principle 613The judgment's statement of sufficient and sound grounds establishing the appellant's criminal intent based on his knowledge that his divorced wife's waiting period had not expired when he concluded his marriage contractPenal Law · Source page ١٦٩
أ- اعتراف المتهم
Principle 614Islamic Sharia is a principal source of legislation. When its provisions must be applied. - Provisions governing the offense of adultery. One of its two parties must be married. Second: Proof of the offense:- A- The accuPenal Law · Source page ١٦٩- Principle 615The legislature did not exclude the offence of adultery from the scope of application of Article 156 and subsequent articles of the Criminal Procedure Law, which consider confession the strongest evidence. Its import: thPenal Law · Source page ١٦٩
- Principle 616The appellate court's basing its acquittal in the offence of adultery on the absence of a confession by each accused against himself to committing it, in a manner satisfying the court and leaving it without doubt. DisputPenal Law · Source page ١٧٠
ب- التلبس
Principle 617In the offence of adultery provided for in Article 195 of the Penal Code, the court may rely on the accused’s confession against himself even if he was not caught in flagrante delicto. The reason for this. - The trial coPenal Law · Source page ١٧٠- Principle 618Apprehending the offender in flagrante delicto. A condition for punishment for the offences of consensual sexual intercourse and adultery. What this flagrante delicto requires: that the offender has been observed in circPenal Law · Source page ١٧٠
- Principle 619Contemporaneity between being surprised by adultery or sexual intercourse and committing the act is a condition for the existence of the legal excuse. Its absence. Its effect. The conditions of the excuse are not fulfillPenal Law · Source page ١٧٠
- Principle 621Flagrante delicto is a condition attaching to the crime, not to the person of its perpetrator. The existence of external manifestations that in themselves indicate the occurrence of the crime, or a witness’s presence at Penal Law · Source page ١٧٠
ثالثاً: تحريك الدعوى "الشكوى"
Principle 622Flagrante delicto is a condition attaching to the offence, not to the person of its perpetrator. The existence of external manifestations which themselves indicate that the offence has occurred, or the presence of its wiPenal Law · Source page ١٧١- Principle 623Initiating criminal proceedings for the offence of adultery required submission of a complaint before the amendment of Article 197 of the Penal Code by Law 46/1960, which granted the spouse the right to prevent the instiPenal Law · Source page
- Principle 626The husband’s right to request the institution of proceedings for adultery before the amendment of Article 197 of the Penal Code, and his right to prevent their institution after its amendment. Discretionary. The addressPenal Law · Source page
- Principle 627The spouse's right in the crime of adultery. Preventing the institution of criminal proceedings against the adulterous spouse, halting trial proceedings at any stage of the case, and staying execution of the final judgmePenal Law · Source page
- Principle 629Institution of criminal proceedings for the offence of adultery. Requires submission of a complaint by the aggrieved husband. Article 109 of the Criminal Procedure and Trials Law. - The husband has the right to prevent tPenal Law · Source page
- Principle 631The spouse's right in the offence of adultery. Preventing the institution of criminal proceedings against the adulterous spouse, staying the course of trial proceedings at whatever stage the case has reached, and stayingPenal Law · Source page
- Principle 632Waiver by the adulterer's wife before the Court of Appeal. Its effect. This waiver must be given effect in respect of her husband and his female accomplice in the crime. The basis thereof.Penal Law · Source page