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. خامساً: إثبات جريمة التزوير

    Principle 864Alteration of the truth in a document by which some people are deceived. Forgery. It is immaterial whether it is obvious or so skilful that its detection is impossible. Its assessment is a matter for the trial court.Penal Law · Source page ٢٤٢
  2. Principle 865Proof that the appellant was competent to record the particulars of some of the forged instruments. Sufficient for conviction pursuant to Article 259 of the Penal Code.Penal Law · Source page ٢٤٢
  3. Principle 866The appellant’s challenge that he did not forge the particular concerning his employer. Inadmissible. As long as the judgment did not attribute that to him.Penal Law · Source page ٢٤٢
  4. Principle 867The principle in criminal trials. The judge's conviction based on the evidence presented. He may form his conviction from any evidence or presumption he finds persuasive. Unless the law restricts him to particular evidenPenal Law · Source page ٢٤٢

  5. سادساً: لزوم اطلاع المحكمة على المحرر المزور

    Principle 868The law has not prescribed particular evidence for proving forgery. - There is no basis for the contention that the case papers lack technical evidence of the commission of forgery. The trial court is not obliged to appoPenal Law · Source page ٢٤٢
  6. Principle 869The court's own inspection of the forged paper. An essential trial procedure in forgery offences. Omission thereof. Its effect.Penal Law · Source page ٢٤٣
  7. Principle 870Criticizing the court for not examining the forged documents despite their established presence in an open envelope, without the appellant alleging that they were in a sealed receptacle that was not opened when the case Penal Law · Source page ٢٤٣

  8. التزوير في المحررات الرسمية

    Principle 871The court's own inspection of the forged documents. An essential trial procedure in the offense of forgery, required by its duty to scrutinize the fundamental evidence in the case. Failure to do so. Renders those proceedPenal Law · Source page ٢٤٣
  9. Principle 872Assuming a false name in a birth certificate, an identity verification certificate, employment application papers, a nationality certificate or a passport is a form of intellectual forgery punishable by law.Penal Law · Source page ٢٤٣
  10. Principle 873Attributing a newborn child to a woman other than its true mother in the birth certificate. Constitutes forgery of an official document. Its perpetrator must be punished. The reason therefor.Penal Law · Source page ٢٤٣
  11. Principle 874Assuming a false name in the arrivals list. Constitutes forgery of an official instrument punishable by law. - 243 - Criminal Law. - The meaning of the term dictation in Article 257 of the Penal Code.Penal Law · Source page ٢٤٣
  12. Principle 875Assuming a false name in a birth certificate. Intellectual forgery punishable by law. - Dictation mentioned in Article 257 of the Penal Code. Its meaning. - Example of a judgment vitiated by an error of law in an offencePenal Law · Source page ٢٤٤
  13. Principle 876Forgery of official instruments. The criterion for its establishment. - A person's assuming a name other than his true name and claiming a nationality other than a nationality in official instruments. Establishes the elePenal Law · Source page ٢٤٤
  14. Principle 877The judgment's reliance, in convicting the appellant of forgery, on his assumption of a name other than his own in criminal-record and identification papers. The appellant's objection concerning his use of an imaginary nPenal Law · Source page ٢٤٤
  15. Principle 878An individual declaration. Altering the truth therein. Is not forgery. The reason therefor. - Forgery of an official document. Its criterion. - An age assessment form. Prepared solely to establish age. Any alteration of Penal Law · Source page ٢٤٤
  16. Principle 879The offence of forgery of official documents. What establishes it. Mere alteration of the truth without requiring harm. Reason thereof. Example of using an assumed name in an official document. Not an individual declaratPenal Law · Source page ٢٤٤
  17. Principle 880The expiry date of a passport. An essential particular. Altering the truth therein. Forgery. The challenge that the alteration of the passport holder’s name concerned a non-essential particular. Of no avail.Penal Law · Source page ٢٤٥
  18. Principle 881Alteration of the truth in an official document. Results in harm to the public interest. The reason therefor. - A person assuming a name other than his true name in criminal-record and identity-verification papers. ConstPenal Law · Source page ٢٤٥
  19. Principle 882Assuming a fictitious name in a criminal investigation or an apprehension report, but not in other documents. Does not constitute forgery. The reason therefor. The judgment’s departure from this view and its acquittal ofPenal Law · Source page ٢٤٥
  20. Principle 883The offence of forgery of an official instrument. Established by altering the truth in the instrument with intent to use it for the purpose for which it was forged, whenever it is capable of creating the belief that it aPenal Law · Source page ٢٤٥
  21. Principle 884It is not necessary for the document to be issued by the competent official. Creating the document in the likeness of an official document is sufficient. The forgery need not be skilfully executed.Penal Law · Source page ٢٤٥
  22. Principle 885Forgery of an Iraqi passport. Forgery of official documents. The judgment's reaching this conclusion. Its failure to respond to an incorrect legal defence does not vitiate it. - 245 - CriminalPenal Law · Source page ٢٤٥
  23. Principle 886The necessity of a document for practising a profession or trade regulated by a law or administrative decision. Insufficient to confer official status upon it so long as no public official is competent to draw it up. ForPenal Law · Source page ٢٤٦
  24. Principle 887The criterion for a paper’s official character. The meaning of a public official within the scope of Article 159 of the Penal Code. Exclusion of a person entrusted with a public service from that meaning. The reason therPenal Law · Source page ٢٤٦
  25. Principle 888Assuming a false name in the lists of persons arriving in and departing from the country. Forgery of official documents. - Dictation in the offense of forgery. Its nature. And how it occurs.Penal Law · Source page ٢٤٦
  26. Principle 889The trial court's doubt as to the correctness of attributing the charge is sufficient for it to acquit. An example concerning the offence of forgery of official papers, considering the recording of an incorrect name duriPenal Law · Source page ٢٤٦
  27. Principle 890Forgery of an official document. Actual issuance of the document by the official. Not necessary. It is sufficient to fabricate it in the likeness of an official document and attribute its creation to a competent officialPenal Law · Source page ٢٤٦
  28. Principle 891The accused's mere alteration of his name in the police report. When it does not constitute forgery. The accused's assumption of the name of a person known to him. Constitutes forgery of an official document. The basis tPenal Law · Source page ٢٤٦
  29. Principle 892The offense of forgery of an official document. It is not required that the document be issued by the employee competent to draw it up. Its establishment requires only the creation of a document modeled on an official doPenal Law · Source page ٢٤٦
  30. Principle 893Altering the photocopy of the authentic original of the residence entry in a passport by making it resemble the authentic photocopy of the authentic original of the residence entry issued by the competent public officialPenal Law · Source page ٢٤٧
  31. Principle 894The offence of forgery of official documents. When it is established. Neither the motive for committing it nor the occurrence of harm is material. The reason therefor. - The official character of a document in relation tPenal Law · Source page ٢٤٧
  32. Principle 895An individual declaration. Its nature. A falsehood in it is not considered an alteration of the truth unless the instrument is official and the declarant’s position in it is that of a witness. The reason for this.Penal Law · Source page ٢٤٧
  33. Principle 896The official character of a document. Its prerequisite. Punishment for its forgery. Its condition: the alteration of the truth must concern what the document was intended to establish or a material particular relating toPenal Law · Source page ٢٤٧
  34. Principle 897Punishment for altering the truth in an official document. Its criterion. - 247 - Criminal - Affixing to an official instrument a signature attributed to a person from whom it did not emanate. Constitutes forgery. The coPenal Law · Source page ٢٤٧
  35. Principle 898The statement concerning the defendant's residence in the statement of claim. An individual declaration. Effect thereof. Altering the truth therein does not constitute forgery. The process server's confirmation of this sPenal Law · Source page ٢٤٨
  36. Principle 899Forgery of an age assessment form. Alteration of the truth concerning its holder’s name is sufficient. The reason therefor.Penal Law · Source page ٢٤٨
  37. Principle 900The hearing record is an official document having evidentiary force against all persons as to what is recorded therein. It may not be alleged to differ from the truth except by a challenge alleging forgery. - The Court oPenal Law · Source page ٢٤٨
  38. Principle 901The offence of forgery of an official document provided for in Articles 257, 259/1 of the Penal Code. The criterion for its establishment. An example of fabricating a photographic copy of an official document contrary toPenal Law · Source page ٢٤٨
  39. Principle 902Alleging forgery of one of the documents submitted in the proceedings. A means of defence. Subject to the trial court’s assessment. The basis thereof. The court’s reliance upon it. Its import. The lack of seriousness of Penal Law · Source page ٢٤٨
  40. Principle 903Forgery of official instruments committed by the public official charged with writing them. A departure from the duty of public office and a violation of the provisions of the Penal Code. The basis and implication of thiPenal Law · Source page ٢٤٨
  41. Principle 904A forged official document. It need not have been issued by the official competent to draw it up. Fabricating it in the form and appearance of an official document and attributing it to an official competent to draw it uPenal Law · Source page ٢٤٩
  42. Principle 905The offence of forgery of official documents. What establishes it. Deliberately altering the truth in a document by one of the means prescribed by law, in a manner capable of engendering the belief that it conforms to thPenal Law · Source page
  43. Principle 906An individual declaration that is not punishable. Its nature. The appellant’s dictation to the competent traffic official, contrary to the truth, that he owned the vehicle, his signing of its licensing application under Penal Law · Source page
  44. Principle 907The official character of a document. Its prerequisite. Its preparation by a public official competent to do so, his intervention in its preparation, or his endorsement of it in accordance with laws, regulations, and insPenal Law · Source page
  45. Principle 908Forgery of official instruments. The criterion for its establishment. - The meaning of an instrument capable of being the subject of forgery. Any writing containing a complete expression of a set of interconnected meaninPenal Law · Source page
  46. Principle 909The offence of forgery. Its establishment. Whenever a photographic copy is fabricated in the likeness of the genuine copy of an official document, contrary to the truth, and deceives whoever sees it upon its presentationPenal Law · Source page
  47. Principle 910The offence of forgery. Established by the mere intentional alteration of the truth in an instrument by one of the means prescribed by law, including altering the instrument by deleting some of its words, adding words thPenal Law · Source page
  48. Principle 911The offence of forgery of an official document provided for in Articles 257, 259/1 of the Penal Code. Its establishment: whenever the photocopy does not represent a copy of a genuine original but is a copy fabricated in Penal Law · Source page
  49. Principle 913A foreign embassy’s certification of the translation of a certificate does not deprive it of its character as a private document. - 251 - Penal mattersPenal Law · Source page
  50. Principle 914The requirement that forgery cause actual or potential harm. It suffices that the judgment states the harm to a person who previously purchased the property, caused by a forged sale contract.Penal Law · Source page
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