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. التزوير في أوراق البنوك

    Principle 917The offence of forgery of a bank document. The victim's waiver thereof has no effect.Penal Law · Source page ٢٥٢
  2. Principle 918Charging the appellant with forging documents for opening an account at a bank by dictation. The judgment's reliance on the expert's report concluding that the forgery was effected by the appellant's entering the particuPenal Law · Source page ٢٥٢
  3. Principle 919The offence of forgery of official documents. When it is established: the mere truth, without requiring harm to a particular person. Reason thereof. Motive is immaterial. - Punishment for forgery of bank documents. Its bPenal Law · Source page ٢٥٢
  4. Principle 920Bank documents. Their nature. Forgery of the particulars concerning the name of the cheque's beneficiary and the amount for which the cheque was issued, written by the cheque's drawer without the bank employee's intervenPenal Law · Source page ٢٥٢
  5. Principle 921The criterion for punishment for forgery of bank papers. The paper must have been issued, or be of a nature to be issued, by a competent bank employee. When a paper is considered a bank document in all its parts or in paPenal Law · Source page ٢٥٣
  6. Principle 923The offense of forgery in bank documents. How it is established. - Correspondence of the document's contents to the will of the person to whom it is attributed. Its effect. Absence of forgery with its elements, includingPenal Law · Source page ٢٥٣
  7. Principle 924A document capable of being the subject of the offence of forgery. Its nature. What is considered such a document. An automated withdrawal statement and all other papers in which the withdrawal transaction is recorded arPenal Law · Source page ٢٥٣
  8. Principle 925Forgery of a banking document. The criterion for its establishment. - The appellant’s withdrawal of sums from the two victims’ bank account through an automated teller machine using their two cards and their two secret nPenal Law · Source page ٢٥٤
  9. Principle 926Forgery. Consists of attributing a matter that did not occur to the person to whom it is attributed, in an instrument prepared to prove it, by one of the methods specified by law. - Forgery of bank documents, which are pPenal Law · Source page ٢٥٤
  10. Principle 927The offence of forgery of bank documents. The prerequisite for its establishment. - Criminal intent in the offence of forging bank documents. Established by the perpetrator's deliberately altering the truth in the documePenal Law · Source page ٢٥٤
  11. Principle 929The offence of forgery of bank documents. Established by fraudulently altering the truth in those documents by the means prescribed by law. - The legally recognised will of the drawer of a cheque. Is established only thrPenal Law · Source page ٢٥٥
  12. Principle 932Forgery of bank documents. The criterion for its establishment: 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 intervePenal Law · Source page ٢٥٦
  13. Principle 933Criminal intent in the offence of forgery of bank documents. The criterion for its establishment. Assessment of its existence or absence. Within the authority of the trial court. - The conviction judgment's express and sPenal Law · Source page ٢٥٦

  14. أ- التزوير بالإملاء

    Principle 935A challenge concerning the offence of fraud is of no avail as long as the judgment imposed the penalty for the offence of forgery of - 256 - Penal bank papers by reason of connection. Eighth: Methods of forgery:- A- ForgPenal Law · Source page ٢٥٦
  15. Principle 936Dictation need not be oral. It is accomplished by submitting a written paper containing false particulars for recording in the document. Restricting dictation to mere words uttered by the perpetrator of the forgery. Is nPenal Law · Source page ٢٥٧
  16. Principle 937Attributing a newborn child to persons other than its parents in the birth certificate. Constitutes forgery of an official document. Its perpetrator must be punished. The reason therefor. - Forgery of official documents Penal Law · Source page ٢٥٧
  17. Principle 938The term dictation in the final paragraph of Article 257 of the Penal Code. Its meaning. Dictation to the writer of the instrument need not be oral.Penal Law · Source page ٢٥٧
  18. Principle 939Dictating false particulars in an exit visa concerning matters the passport was intended to establish. Forgery of an official document.Penal Law · Source page ٢٥٧
  19. Principle 940Forgery of official instruments. When it is established. The meaning of dictation. Its establishment by dictation or by submitting a written paper containing the false particulars. - 257 - CriminalPenal Law · Source page ٢٥٧
  20. Principle 941Intellectual forgery. Dictation. Need not be oral. Its establishment. By submitting a written paper containing false particulars for recording. The official's failure to verify the particulars has no effect.Penal Law · Source page ٢٥٨
  21. Principle 942Assuming a false name in the list of persons arriving in the country. Forgery of an official document. Dictation. It is immaterial whether it is oral or by submitting a written paper to the official.Penal Law · Source page ٢٥٨
  22. Principle 943Assuming a false name in the arrivals list. Forgery of an official instrument. - Dictation in forgery. Need not be oral. May be effected by submitting a written paper.Penal Law · Source page ٢٥٨
  23. Principle 944The official’s approval of the information received. Altering the truth in that information. Forgery.Penal Law · Source page ٢٥٨
  24. Principle 945Dictation establishing the offence of forgery of an official document. Its manner. It need not be oral. Example concerning submission of a vehicle registration book containing false particulars to the customs official foPenal Law · Source page ٢٥٨
  25. Principle 946The offence of forgery of official documents. The criterion for its establishment. Dictation of the false particulars by which forgery occurs need not be oral. It may be effected by submitting a written paper containing Penal Law · Source page ٢٥٨

  26. ب- التزوير بطريق الاصطناع

    Principle 947A document capable of being the subject of the offence of forgery. Is any writing containing signs or symbols, even if conventional, conveying a complete expression of a set of interrelated meanings and ideas and capablePenal Law · Source page ٢٥٨
  27. Principle 948Forgery is established whenever the fabricated copy of the official document assumes the form and appearance of its genuine copy such that anyone who sees it is deceived by it.Penal Law · Source page ٢٥٩
  28. Principle 949Forgery of an official document. Actual issuance of the document by the official. Not necessary. Fabricating it in the likeness of an official document and attributing its creation to a competent official to give the illPenal Law · Source page ٢٥٩
  29. Principle 950Punishable forgery. Its detection does not require special expertise what suffices in that regard. Some people being deceived by it.Penal Law · Source page ٢٥٩
  30. Principle 951Punishable forgery. Need not be skilfully executed. The determining consideration. The possibility that some people may be deceived by it. Example of a judgment’s response to the defence that the forgery is obvious and iPenal Law · Source page ٢٥٩

  31. تاسعاً: ما لا يعد تزويراً

    Principle 952The judgment's treatment of the certificate produced by fabrication and by photocopying, after entering certain untrue particulars copied from the genuine certificate, as forgery of a bank document. Correct. - 259 - PenaPenal Law · Source page ٢٥٩
  32. Principle 954Not every alteration of the truth in a document constitutes forgery. - An individual declaration. Its nature. Falsehood therein. Does not constitute punishable forgery. Example.Penal Law · Source page ٢٦٠
  33. Principle 956A statement issued by one party, not by a competent official, and amounting to no more than information capable of being true or false. An individual declaration, not an alteration of the truth punishable as forgery. ThePenal Law · Source page ٢٦٠
  34. Principle 957Alteration of the truth in individual declarations or in a non-material particular of a document. Does not constitute forgery. An example concerning alteration of the truth regarding nationality in an age-assessment formPenal Law · Source page ٢٦٠
  35. Principle 958Altering the truth in an individual declaration or a non-essential particular. Not punishable. Altering the truth concerning nationality in an age-assessment form. An individual declaration.Penal Law · Source page ٢٦٠
  36. Principle 959Falsely declaring in a document a particular whose falsity relates to the declarant’s personal status, involves no usurpation of another person’s capacity or right, cannot serve as an instrument enforceable against thirdPenal Law · Source page ٢٦٠

  37. عاشراً: التزوير المفضوح

    Principle 960The general rule is that an individual declaration made by a person concerning a matter relating to his own status, involving no usurpation of another person's capacity or right, does not constitute forgery punishable unPenal Law · Source page ٢٦١
  38. Principle 961Forgery of documents where it is obvious, deceives no one, and its perpetrator has observed no degree of skilfulness. A patent forgery that does not constitute the offence of forgery.Penal Law · Source page ٢٦١
  39. Principle 963Punishment for forgery even if it is obvious and requires no effort to detect, so long as it may deceive - 261 - Penal matters some people.Penal Law · Source page ٢٦١
  40. Principle 964The defence that the forgery is obvious. The judgment's failure to address it expressly and separately. Does not detract from it. The reason for this.Penal Law · Source page ٢٦٢
  41. Principle 965Patent forgery. Does not establish the offence of forgery. - When forgery is patent. - Assessment of whether forgery is patent. Within the authority of the trial court.Penal Law · Source page ٢٦٢
  42. Principle 966Punishable forgery. Need not be skilfully executed. The criterion in this regard. The possibility that some people may be deceived by it. Example: altering a passport’s expiry date. Some passport officers being deceived Penal Law · Source page
  43. Principle 968The judgment’s separate discussion of the element of knowledge in the offence of using a forged instrument. Unnecessary, so long as its contents render this unnecessary. - An example of sufficient reasoning to demonstratPenal Law · Source page
  44. Principle 969Establishment of the offence of using forged instruments. Contingent upon the forged instrument being punishable by law. The implication thereof.Penal Law · Source page
  45. Principle 970The court must first examine whether forgery of the document is established. Absence of forgery. Entails the absence of the offence of use. The basis thereof.Penal Law · Source page
  46. Principle 971Complicity in forgery by agreement implies knowledge of the forgery. Its sufficiency to establish the offense of use.Penal Law · Source page
  47. Principle 972The absence of the forged document does not preclude adducing evidence establishing the accused’s use of it.Penal Law · Source page
  48. Principle 973Establishing proof of the use of a forged document. Permissible even if that document does not exist.Penal Law · Source page
  49. Principle 974The offense of using a forged document is not established against the perpetrator of the forgery, whether a principal or an accomplice. The basis thereof. - 263 - PenalPenal Law · Source page
  50. Principle 975Failure to establish forgery of the instrument entails the absence of the offence of using it. (14) Use of an instrument that has lost its legal force (Article 261)Penal Law · Source page
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