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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Principle 748The legal characterizations set out in Article 237/1 of the Penal Code. Equivalent alternatives in criminalization and punishment; the realization of any one of them suffices to establish the offence. An example of the oPenal Law · Source page ٢١٢- Principle 749The drawer’s signing in blank without entering the remaining particulars of the cheque. Does not affect its validity. The condition for that. - Giving the cheque to the beneficiary without recording its particulars. Its Penal Law · Source page ٢١٢
- Principle 750Filling in the cheque's particulars in the drawer's handwriting. Not legally required. His signature on it is sufficient. Its lack of that signature. Its effect.Penal Law · Source page ٢١٣
- Principle 751The accused's replacement of the cheques he issued with another cheque at a later time constitutes indivisible criminal activity. Its effect. The extinguishment of criminal proceedings in respect of all of them upon issuPenal Law · Source page ٢١٣
- Principle 752The material element of the cheque offence consists in the act of delivery. Theft of the cheque, its misappropriation, obtaining it by fraud, its loss or its forgery. Negates this element. The motive for the cheque is noPenal Law · Source page ٢١٣
- Principle 753The court’s satisfaction that the appellant committed what was attributed to him, based on the evidence it cited. Its disregard of the filed expert report finding no indebtedness on his part. No defect. The reason for thPenal Law · Source page ٢١٣
- Principle 754A manifestly invalid defence. The court is not at fault if it disregards it and does not answer it. Example concerning the assertion that the cheques were drawn up as an instrument of credit, not an instrument of paymentPenal Law · Source page ٢١٤
- Principle 755The particulars of a cheque. Need not be in the drawer's handwriting. The cheque must bear his signature. Signing a cheque in blank and delivering it to the beneficiary. Its import: the drawer authorises the beneficiary Penal Law · Source page ٢١٤
- Principle 756The commission of several offences for a single purpose, indivisibly connected with one another. Its effect. The penalty prescribed for the most serious of them, or for one of them if they carry identical penalties, mustPenal Law · Source page ٢١٤
- Principle 757The offence of proceeding in bad faith to issue a cheque without existing funds available for withdrawal to cover it. The condition for its establishment: that the perpetrator intended in bad faith to issue a cheque to cPenal Law · Source page ٢١٤
- Principle 758The offence of issuing a cheque without existing and disposable funds to cover payment. Its establishment: when the drawer issues the cheque to the beneficiary knowing that there are no funds available for withdrawal to Penal Law · Source page ٢١٥
ب- القصد الجنائي
Principle 759The offence of issuing a cheque without existing and disposable funds to cover payment. It is established whenever the drawer issues the cheque to the payee knowing that there are no existing and disposable funds to covePenal Law · Source page ٢١٥- Principle 761When criminal intent is established in the offence of issuing a cheque without funds. - 215 - Criminal LawPenal Law · Source page ٢١٥
- Principle 762The offence of giving a cheque without funds. Established by putting the cheque into circulation. No special intent is required for it. Motive the cheque. Immaterial.Penal Law · Source page ٢١٦
- Principle 763The offence of issuing a cheque without existing funds available for payment. When it is established. Special crossing has no effect. Criminal intent in this offence. General. Implication thereof.Penal Law · Source page ٢١٦
- ما لا يعد من أركان الجريمة
Principle 764Bad faith in the offence of issuing a cheque without funds. Its establishment. Mere knowledge of the absence of funds for payment. Presumed knowledge. The administrative employee in the account holder's company who is auPenal Law · Source page ٢١٦- Principle 765The offence of giving a cheque without existing funds available for payment. When it is established. Criminal intent in this offence. What suffices to establish it. The mere existence of a balance when the cheque is issuPenal Law · Source page ٢١٦
- Principle 766Acquittal of the charge of giving a cheque without funds on the basis that it lacks its date of creation or the beneficiary’s name vitiates the judgment. The basis thereof.Penal Law · Source page ٢١٦
- تظهير الشيك
Principle 767The drawer's filling in the particulars of the cheque. Preparatory acts outside the scope of criminalization. The drawer's signature - 216 - Penal on it. A condition of its validity. - The drawer's delivery of a blank chPenal Law · Source page ٢١٦- Principle 768The offence of issuing a cheque without funds. How it is established. Bad faith therein is established merely by the drawer's or endorser's knowledge that there are no funds for the cheque on the date of its issuance or Penal Law · Source page ٢١٧
- Principle 770The endorser’s knowledge in the cheque offence is presumed against him. The reason therefor. He must ascertain that the cheque is payable before endorsing it. His breach of this obligation. Its effect. The elements of thPenal Law · Source page ٢١٧
- ما لا يؤثر في قيام جريمة إصدار شيك بدون رصيد
Principle 771Payment of the cheque’s value to the person entitled to its value before the final judgment is rendered. Its effect. The court may exempt the accused from punishment. Payment of its value to someone other than the personPenal Law · Source page ٢١٧- Principle 772The declaration of bankruptcy of a debtor referred to the Shares Corporation does not affect offences arising from this settlement. The effect of this with respect to cheques issued pursuant to the amicable settlement.Penal Law · Source page ٢١٨
- Principle 773Payment of the value of the cheque before the due date does not negate the commission of the offence of giving it without funds, so long as the drawer has not recovered it from the victim. Payment subsequent to the due dPenal Law · Source page ٢١٨
- Principle 774The cheque drawer's settling accounts with the beneficiary or paying its value. Is unavailing in respect of the offence of his issuing the cheque.Penal Law · Source page ٢١٨
- Principle 775The reasons that prompted the issuance or endorsement of the cheque. Have no effect on the establishment of responsibility. The reason therefor.Penal Law · Source page ٢١٨
- Principle 776The offence of issuing a cheque without funds is complete upon its issuance without funds to cover payment. No special intent is required for its commission. The effect thereof: replacing the cheque or paying its value dPenal Law · Source page ٢١٨
- Principle 777The issuance of an arbitral tribunal’s award imposing judicial receivership over all the cheque drawer’s assets and appointing a judicial receiver over them before the cheque’s maturity date has no effect on the establisPenal Law · Source page ٢١٨
- Principle 778The court may decide to refrain from pronouncing punishment. The prerequisite for this. - The perpetrator may be exempted from punishment upon payment of the cheque's value before the final judgment is rendered. The basiPenal Law · Source page ٢١٩
- Principle 779The plea of res judicata in criminal matters. What is required for its validity. - The difference in the parties and in the date of the two cheques from the date of the cheque in the present case negates the prerequisitePenal Law · Source page ٢١٩
- Principle 780Criminalization of delivery of a cheque by a person other than the drawer. Its case. Issuance of a bearer cheque. Inclusion of the beneficiary's name in the cheque. Its effect. This offence is not established. - The judgPenal Law · Source page ٢١٩
- استقلال الشيك عن العلاقة القانونية السابقة عليه
Principle 781Assessment of whether coercion occurred or not. Within the authority of the trial court. Its condition. Example concerning the issuance of a cheque. - Independence of the cheque from the legal relationship preceding it:-Penal Law · Source page ٢١٩- المعارضة في الوفاء بقيمة الشيك
Principle 782A cheque is an abstract legal act. It is separate from the legal relationship preceding it and is not affected by defects tainting that relationship or its extinction. - 219 - Penal - Opposition to payment of the value oPenal Law · Source page ٢١٩- Principle 783Recovering the value of the cheque or acting to delay its payment to the payee. Impermissible. - Exercising a right established by law. Considered a ground of justification if done in good faith. - Loss of the cheque or Penal Law · Source page ٢٢٠
- Principle 784The offence of issuing a cheque without existing funds available for disposal. Its establishment. Its cases. - The issuer’s knowledge that the cheque has no funds to cover payment available for disposal. Sufficient to esPenal Law · Source page ٢٢٠
- توقيع الساحب شيكاً على بياض
Principle 786The cheque’s particulars being in the drawer’s handwriting. Not legally required. It suffices that the cheque bears his signature. Its implication: the drawer’s signing of a blank and undated cheque does not affect its vPenal Law · Source page ٢٢١- Principle 787The drawer's signing a cheque in blank without inserting its value or recording a date on it. Does not affect the cheque's validity. The basis for this.Penal Law · Source page ٢٢١
- تضمن الشيك تاريخ لاحق على تاريخ إصداره
Principle 788The drawer's signing a cheque in blank without the remaining particulars being completed. Does not affect its validity. So long as those particulars were completed before its presentation to the drawee. - Delivery of a sPenal Law · Source page ٢٢١- خلو الورقة من كتابة لفظ شيك على متن الصك
Principle 789A cheque is an instrument of payment. It is payable upon sight, and its bearing two dates does not detract from its character as a cheque or make it a credit payment. - 221 - Criminal - The absence of the written word chPenal Law · Source page ٢٢١- الصورة الضوئية للشيك
Principle 790The basis of punishment for the offence of issuing a cheque without funds. That the instrument has the appearance of a cheque and was delivered on that basis. Absence of the word cheque from the body of the instrument. DPenal Law · Source page ٢٢٢- طبيعة تزوير الشيك
Principle 791Failure to produce the original cheque. Does not negate the occurrence of the offence. The court may accept a copy of the cheque as evidence in the proceedings whenever it is satisfied of its authenticity. - Nature of chPenal Law · Source page ٢٢٢- Principle 792Bank documents. Their nature. Forgery of the particulars concerning the name of the cheque's payee and the amount for which the cheque was issued, written by the drawer without the involvement of a bank employee. Does noPenal Law · Source page
- Principle 793The criterion for punishment for forgery of bank documents. The document must have been issued, or be of a kind to be issued, by a competent bank employee. When a document is considered a bank instrument in all or part oPenal Law · Source page
- Principle 794Punishment for forgery of bank documents. Its prerequisite. The document's issuance, or its being of a kind to be issued, by an employee of a bank competent to draw it up or intervene in it. When the entire document is dPenal Law · Source page
- Principle 795Punishable forgery of bank documents. Its criterion: the document in which the truth was altered must have been issued, or be of a kind to be issued, by an employee of a bank competent to draw it up or intervene in it. -Penal Law · Source page
- Principle 796The offense of forgery of bank documents. It is constituted by fraudulently altering the truth in those documents by the means specified by law. - The legally recognized intent of the drawer of a check. It is establishedPenal Law · Source page
- Principle 797Bank papers. Private documents. Forgery therein. When it is established. Motive is immaterial. The possibility of harm occurring at the time the truth was altered is sufficient. The judgment’s express discussion of the ePenal Law · Source page
- Principle 798The offense of forgery of bank documents. The prerequisite for its establishment. The perpetrator's deliberate alteration of the truth in the document with the intention of using it for the purpose for which the truth waPenal Law · Source page
- Principle 800The legislature's amendment of the penalty for the cheque offence, making it a misdemeanour instead of a felony. Its import: the judgment rendered therein may not be challenged by cassation. - The criterion for the permiPenal Law · Source page
- Principle 801Circumstances warranting the exercise of leniency. Their effect on the penalty of fixed-term imprisonment. It may not be less than one third of the maximum prescribed for the offence, and where the judgment applies mitigPenal Law · Source page