المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

Cassation principles Penal Law

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 1,524 available principles

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  1. سادساً: عدم امتداد التنازل إلى الجرائم الأخرى

    Principle 634The effect of the female victim's waiver in the offense of adultery. An exception to the general rules. Its implication: it must be confined to the offense of adultery and the person of the offender without extension. - Penal Law · Source page ١٧٤

  2. فعل فاضح

    Principle 635The effect of the injured spouse's waiver in the offence of adultery. An exception to the general rules. Its consequence: it must be confined to the offence of adultery and the offender personally, without extension. - TPenal Law · Source page ١٧٥
  3. Principle 636The judgment's inference from the circumstances of the case that the appellant's kissing the female victim on her cheek in a fashion shop did not violate her sexual modesty, did not extend to any of her private parts, anPenal Law · Source page ١٧٦

  4. أ- إدارة مسكن للدعارة

    Principle 637Kissing the female victim on her cheeks in the building's courtyard as an expression of an emotional relationship. The judgment's conclusion that the crime of an indecent act offensive in deed in a public place was estabPenal Law · Source page ١٧٦
  5. Principle 638Premises for prostitution. Their meaning. - Preparing the premises specifically for prostitution or receiving remuneration in return for that. Not a condition for punishment. An example.Penal Law · Source page ١٧٩
  6. Principle 639The female appellant's constant frequenting of the first female accused's residence, her meeting those seeking illicit sexual pleasure, and her and other women's practising prostitution with them for payment. EstablishesPenal Law · Source page ١٧٩
  7. Principle 640The court’s application of Article 84/1 of the Penal Code and its punishment of the female appellant with the more severe penalty prescribed for the offence of assisting in managing premises for prostitution alone. The cPenal Law · Source page ١٧٩
  8. Principle 642The judgment's citing, in demonstrating proof of the charge of managing premises for prostitution, matters having no basis in the case papers that affected the judgment's logic and reasoning. Vitiates it. The other evidePenal Law · Source page ١٧٩
  9. Principle 643A prostitution establishment whose establishment or management is prohibited is any premises exploited for the practice of debauchery and prostitution. Article 203 of the Penal Code. Preparing the premises specifically fPenal Law · Source page ١٨٠
  10. Principle 644Premises for prostitution whose establishment and management are prohibited are any premises exploited for the practice of debauchery and prostitution. Article 203 of the Penal Code. Preparing the premises specifically fPenal Law · Source page ١٨٠

  11. ب- تحريض على الفجور

    Principle 645The premises for prostitution whose establishment or management Article 203 of the Penal Code prohibited. Any premises used for practicing debauchery and prostitution. Punishment for this act does not require that the prPenal Law · Source page ١٨٠

  12. أ- جلبها واستيرادها

    Principle 647The offence of bringing in or importing alcoholic beverages. Its elements. Bringing alcoholic beverages onto the State's territory from beyond its territorial boundaries with the intention of circulating them therein. AnPenal Law · Source page ١٨٥
  13. Principle 649Subsequent complicity in the offence of importing alcoholic beverages with intent to trade. Its inference is a matter of fact.Penal Law · Source page ١٨٥
  14. Principle 650The perpetrator's knowledge of the nature of the intoxicating substance brought in. A question of fact. Its assessment lies exclusively with the trial court.Penal Law · Source page ١٨٥
  15. Principle 651Inquiries alone cannot constitute circumstantial evidence or primary evidence establishing the charge. An example concerning inquiries into the importation of alcoholic beverages.Penal Law · Source page ١٨٥
  16. Principle 652Importing alcoholic beverages. Its meaning. Every act whereby they are transported from outside the country's borders to introduce them into the territory of the State with intent to circulate them therein. - The importaPenal Law · Source page ١٨٥
  17. Principle 653Ascertaining whether the perpetrator of the offence of importing alcoholic beverages knew that what he possessed was intoxicating substances. A matter for the trial court. It is not obliged to discuss its existence separPenal Law · Source page ١٨٦

  18. ب- حيازتها بقصد الاتجار

    Principle 654Importing narcotics is a material fact whose determination lies exclusively with the trial judge, so long as it is based on matters supporting it. B- Possession thereof with intent to traffic:-Penal Law · Source page ١٨٦
  19. Principle 655Inferring the intent to trade in the offence of holding or possessing narcotics and alcoholic beverages. Within the authority of the trial court, provided that the inference is reasonable.Penal Law · Source page ١٨٦
  20. Principle 656Possession of alcoholic beverages with intent to trade and distribute. A material fact. Its assessment lies exclusively with the trial court.Penal Law · Source page ١٨٦
  21. Principle 657The crime of possession of alcoholic beverages with intent to trade in the event of recidivism. Punishing its perpetrators with a felony punishment or a misdemeanor punishment. A matter within the trial judge's discretioPenal Law · Source page ١٨٦
  22. Principle 658Inferring that possession of alcoholic beverages is with intent to trade. Within the trial court's authority.Penal Law · Source page ١٨٦

  23. ج- تصنيعها

    Principle 659Inferring the intent to trade in the offence of possessing alcoholic beverages. A question of fact. The condition for this. The smallness or largeness of the quantity of alcoholic beverages is immaterial. - The trial couPenal Law · Source page ١٨٦
  24. Principle 660Manufacturing alcoholic beverages with intent to trade. A material fact. Its assessment lies exclusively with the trial judge. Example.Penal Law · Source page ١٨٧
  25. Principle 661The existence of intent to trade in the crime of manufacturing alcoholic beverages. The smallness or largeness of the quantity is immaterial so long as they were manufactured with intent to sell them.Penal Law · Source page ١٨٧

  26. (المواد ٢٠٩ : ٢١٦)

    Principle 662The objection to the technical evidence for not expressly indicating that the seized items were intoxicating substances. Unfounded so long as the court was satisfied, from all the evidence in the case, that the appellantPenal Law · Source page ١٨٧
  27. Principle 663There is no occasion to examine the question of intention in offences of defamation and insult once criminal intent is established therein. Unless the attack is directed at a public official, in which case the accused muPenal Law · Source page ١٨٨
  28. Principle 664Criminal intent in the offense of insult and defamation by publication. Its presence whenever the disparagements made by the person insulting or defaming are filled with expressions offending honor and words injuring repPenal Law · Source page ١٨٨
  29. Principle 665Criminal intent in the offences of defamation and insult. Its establishment. Whenever the words directed at the victim are inherently disgraceful. - 188 - Penal Law - The purposes of the expressions for which the publishPenal Law · Source page ١٨٨
  30. Principle 666Determining the true nature of insulting and defamatory expressions. A matter of fact. So long as the judgment has not erred in applying the law to the incident. - Permissible criticism is expressing an opinion on a mattPenal Law · Source page ١٨٩
  31. Principle 667Permissible criticism is expressing an opinion on a matter or an act without impugning the person who issued the matter or performed the act. - The offence of publishing material that would attribute untrue statements orPenal Law · Source page ١٨٩

  32. أ- الركن المادي (الاختلاس)

    Principle 668Permissible criticism. Its nature: expressing an opinion on a matter or an act without attacking the person responsible for the matter or the author of the act with the aim of defaming him or diminishing his dignity. ExcPenal Law · Source page ١٨٩
  33. Principle 669The judgment's setting out sufficient and sound grounds for the existence of the element of taking and the establishment of the theft against the appellant. The two witnesses' seeing him at the time he committed the thefPenal Law · Source page ١٩٣
  34. Principle 670Consumption of a vehicle’s fuel. A necessary consequence of using it without its owner’s consent. It establishes the elements of theft.Penal Law · Source page ١٩٣
  35. Principle 671The occurrence of theft established by acceptable evidence. Is not undermined by the victim's failure to report it when it occurred.Penal Law · Source page ١٩٣
  36. Principle 672Attempt to commit an offence. What suffices for its establishment. The offender's commencement of an act preceding the execution of the material element of the offence and leading to it immediately and directly, so long Penal Law · Source page ١٩٣
  37. Principle 673The offender's assumption of a false capacity as the person entitled to withdraw from the customer's account, inducing the bank to deliver the money to him through its automated machine. Sufficient to constitute the elemPenal Law · Source page ١٩٣
  38. Principle 674Proof of the theft of particular property. A challenge concerning the failure to prove the theft of other property. Of no avail. - 193 - PenalPenal Law · Source page ١٩٣
  39. Principle 676The appellant’s contention that the vehicle that was the subject of the offence of attempted theft was abandoned property. Failure to investigate this defence renders the judgment deficient and requires its cassation.Penal Law · Source page ١٩٤
  40. Principle 677The victim's failure to report the incident when it occurred and refraining from accusing anyone of it do not negate the occurrence of the theft or prevent its attribution to its perpetrator, provided that the court is sPenal Law · Source page ١٩٤
  41. Principle 678The element of taking in theft. It is not negated by the thief's failure to retain the stolen property in his possession.Penal Law · Source page ١٩٤
  42. Principle 679Arrest without a warrant of a person accused of theft offences. Permissible for police officers. The basis thereof. Article 54 of the Criminal Procedure Law.Penal Law · Source page
  43. Principle 680Failure to find the stolen property. Does not negate the occurrence of the offence. Its condition. - Police delay in bringing the accused before the Public Prosecution. Does not mean that the accusation was fabricated soPenal Law · Source page
  44. Principle 681The victim's failure to accuse a specific person and the investigating officer's arresting the accused on the basis of investigations indicating that he committed the incident. Does not provide strong evidence accusing hPenal Law · Source page
  45. Principle 682Attempt to commit the crime. Established by commencing execution of an act preceding execution of its material element and inevitably leading to it. - Criminal intent in the crime of attempted theft. Established by the pPenal Law · Source page
  46. Principle 684Exclusion of the defendants' confession to the police officer that they committed attempted theft, and the record containing nothing except the discovery, upon searching the car in which they were riding, of tools whose Penal Law · Source page
  47. Principle 685Investigations alone. Do not constitute evidence sufficient for conviction. - The absence from the papers of evidence that can be relied upon and is sufficient to convict the accused. Requires a judgment acquitting him. Penal Law · Source page
  48. Principle 686The offence of theft. Its completion: by taking possession of the stolen thing so as to remove it from its owner's possession and place it in the thief's grasp and at his disposal. Criminal intent therein. Established byPenal Law · Source page
  49. Principle 687The absence from the scene of the incident of the thief's fingerprints or traces indicating how he entered it. Does not in itself negate his commission of the offence of theft, so long as the court has established his coPenal Law · Source page
  50. Principle 688The existence of flagrante delicto in theft. Not necessary for the existence of evidence of its occurrence and attribution to its perpetrator. - The law does not require particular evidence or a particular method for proPenal Law · Source page
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