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. - بوجه عام

    Principle 1029Convicting the appellant of the offences attributed to him, applying Article 84 of the Penal Code, imposing the penalty for the most serious offence, for which the death penalty is prescribed, and reducing it to life impPenal Law · Source page ٢٨٣
  2. Principle 1030An order for restitution was not prescribed for punishment or deterrence, but was intended to restore the situation to what it was before the offence was committed. Ordering it depends upon its basis, namely that the proPenal Law · Source page ٢٨٤
  3. Principle 1031The public official’s employing authority’s failure, upon his retirement, to deduct the amount he embezzled by reason of his office. Does not negate the charge of embezzlement against him.Penal Law · Source page ٢٨٤
  4. Principle 1032Mitigating circumstances. They have no effect on accessory or supplementary penalties, including the proportional fine prescribed for the offence of embezzlement.Penal Law · Source page ٢٨٤
  5. Principle 1033Punishing an employee for tampering with property delivered to him by reason of his office. Its condition: his intention, as its possessor, being directed towards disposing of it as though it were owned by him.Penal Law · Source page ٢٨٤
  6. Principle 1034The offence of embezzlement. The presence of its elements. Its criterion: property owned by the State or an individual must be deposited in the custody of the public official or a person deemed equivalent, or delivered tPenal Law · Source page ٢٨٤
  7. Principle 1035Criminal law has not prescribed a particular method for proving offences of embezzlement of public funds or - 284 - Criminal Law. forgery of official instruments.Penal Law · Source page ٢٨٤
  8. Principle 1036An appeal by the Public Prosecution against a judgment of the Criminal Court declaring the criminal proceedings extinguished owing to the accused's death. Requires the appellate court to rule that the appeal is inadmissiPenal Law · Source page ٢٨٥

  9. - القصد الجنائي في جريمة الاختلاس

    Principle 1038Assessment of the damage resulting from embezzlement and imposition of a fine without dismissal from office. A matter of fact. No basis for challenging it. - Criminal intent in the offence of embezzlement:Penal Law · Source page ٢٨٥
  10. Principle 1039Criminal intent in the offence of embezzlement. When it exists. Returning the embezzled property does not affect the establishment of the offence. - 285 - PenalPenal Law · Source page ٢٨٥
  11. Principle 1040Criminal intent in the offence of embezzlement. Its nature. Inferring its existence. Within the authority of the trial court. As long as it is reasonable, disputing this inference. Raising it before the Court of CassatioPenal Law · Source page ٢٨٦
  12. Principle 1041Criminal intent in the offence of embezzlement. Established by the public employee's knowledge, at the time of committing the act, that he is embezzling property entrusted to him by reason of his office, with the intentiPenal Law · Source page ٢٨٦

  13. - بوجه عام

    Principle 1042The offence of embezzlement of public funds. Requires that the property be in the custody of the official or a person treated as such, or have been delivered to him by reason of his office, and that his intention be direPenal Law · Source page ٢٨٦
  14. Principle 1043Multiplicity of perpetrators in the offence of appropriation of State funds. They must be held jointly and severally liable for restitution of the amount appropriated and payment of a fine equal thereto. - 286 - Penal maPenal Law · Source page ٢٨٦
  15. Principle 1044Principal offenders and accomplices in the offence of appropriating State property. Must be held jointly and severally liable to repay the appropriated amount. Requiring only one of them to make restitution. An error givPenal Law · Source page ٢٨٧
  16. Principle 1045Abstention from pronouncing punishment in respect of the accessory or supplementary penalties prescribed for the offence of unlawfully appropriating State property. Impermissible.Penal Law · Source page ٢٨٧
  17. Principle 1047Law 1 of 1993 concerning the Protection of Public Funds. Its scope of application. - Public funds in the application of this Law. Their meaning. - The State’s contribution of 15% of the capital of the Commercial Bank whePenal Law · Source page ٢٨٧
  18. Principle 1048Offences in which the accused may be pardoned or a settlement reached with him. Their nature. Article 240 of the Criminal Procedure Code. - The offence of unlawful appropriation of State property. It is not among the offPenal Law · Source page ٢٨٧
  19. Principle 1050The trial court imposing a misdemeanour penalty instead of a felony penalty for the offence of appropriation of public funds. Its condition. Article 20/2 of Law "1" of 1993 concerning the Protection of Public Funds. TherPenal Law · Source page ٢٨٨
  20. Principle 1051The offence of unlawful appropriation of public funds. The perpetrator’s entitlement to obtain the appropriated funds is immaterial to its establishment so long as he resorted, in obtaining them, to a route other than thPenal Law · Source page ٢٨٨
  21. Principle 1052The existence of particular evidence. Not a condition for proving the offence of misappropriation of public funds. Example.Penal Law · Source page ٢٨٨
  22. Principle 1053The offence of misappropriation. Its elements are established whenever a public official unlawfully appropriates property belonging to the State - 288 - Criminal Law and also merely by removing the property from the placPenal Law · Source page ٢٨٨
  23. Principle 1054The material element of the offence of facilitating unlawful appropriation of public funds. The prerequisite for its establishment. The public official is deemed a principal offender and the other person an accomplice wiPenal Law · Source page ٢٨٩
  24. Principle 1055Establishment of the status of public official or a person deemed equivalent as a principal offender. An element of the felony of unlawfully appropriating public property provided for in Article 10 of Law 1 of 1993 concePenal Law · Source page ٢٨٩
  25. Principle 1056The felony of appropriation criminalized by Article 10 of Law 1 of 1993 concerning the protection of public funds. The criterion for its establishment. - The judgment's failure to establish the appellant's capacity and hPenal Law · Source page ٢٨٩
  26. Principle 1057The judgment’s conclusion that the accused is an accomplice in the offence of appropriating public funds and not a principal perpetrator as stated in the indictment. Does not constitute a change in the characterization oPenal Law · Source page ٢٨٩
  27. Principle 1058Assessment of the existence of a connection between offences. A matter of fact. Failure to apply it. A legal error requiring the intervention of the Court of Cassation. An example of the judgment's failure to give effectPenal Law · Source page ٢٨٩
  28. Principle 1059The offence of unlawfully appropriating property owned by the State, subject to its administration, or held by one of the entities listed in Article 2 of Law 1 of 1993 concerning the Protection of Public Funds. Its prerePenal Law · Source page ٢٩٠
  29. Principle 1061The offence of appropriation of public funds. The criterion for its establishment, whether the perpetrator—a public official or a person deemed equivalent thereto—is employed by the entity whose funds were appropriated oPenal Law · Source page ٢٩٠
  30. Principle 1062The felony of appropriation of public funds criminalised by Article 10 of Law 1 of 1993. The prerequisite for its establishment. - Criminal intent in the felony of appropriation of public funds is established by the perpPenal Law · Source page ٢٩٠
  31. Principle 1063Challenging the impugned judgment for imposing the penalties of restitution and a proportional fine after deducting what had been paid, based on the evidence in the case. Has no basis, so long as it detailed this in a clPenal Law · Source page ٢٩١
  32. Principle 1064Returning the amounts appropriated through the offence of appropriation of public funds. Does not exempt from punishment or negate its commission. A justification permitting the court to treat him with leniency.Penal Law · Source page ٢٩١
  33. Principle 1065Article 20 of Law 1 of 1993. Its purport. Substitution of the misdemeanour penalty provided for therein for the penalties prescribed for the offence of unlawfully appropriating state-owned property, as the offence havingPenal Law · Source page ٢٩١
  34. Principle 1066The offence of appropriation of public funds criminalized by Article Ten of Law 1 of 1993 concerning the Protection of Public Funds. The prerequisite for its establishment. - 291 - Criminal Law - The judgment's statementPenal Law · Source page ٢٩١

  35. - القصد الجنائي في جريمة الاستيلاء على المال العام

    Principle 1068The offence of unlawful appropriation of public funds. What establishes it. A public official, employee or perpetrator unlawfully appropriating State property does not require that he be among those working for the entitPenal Law · Source page ٢٩٣
  36. Principle 1069The offence of appropriation prescribed in Article Ten of Law 1 of 1993 concerning the Protection of Public Funds. The criterion for its establishment. The term “property” appearing in the aforementioned Article. Its meaPenal Law · Source page ٢٩٣
  37. Principle 1070Criminal intent in the offence of unlawfully appropriating property owned or held by the State. Established when the perpetrator's will is directed towards appropriating the property with the intention of owning it and dPenal Law · Source page ٢٩٣

  38. - المال المتروك

    Principle 1071Criminal intent in the offences of appropriation of public funds and forgery. The criterion for its establishment. Assessment of its existence or absence. A matter of fact. - Abandoned property:Penal Law · Source page ٢٩٤

  39. تسهيل الاستيلاء للغير على المال العام

    Principle 1073The offence of facilitating another's unlawful appropriation of public funds. How it is established. Treating the public employee as a principal offender and the other person as his accomplice therein. What suffices to ePenal Law · Source page ٢٩٤
  40. Principle 1075Criminal intent in the offence of facilitating unlawful appropriation of public funds. The criterion for its establishment. - 294 - Penal Law Motive is disregarded. Property entering another's patrimony, whether criminalPenal Law · Source page ٢٩٤

  41. الغدر على المال العام

    Principle 1076The offence of facilitating the unlawful appropriation of public funds. Prescribed in Article 10 of Law 1 of 1993 concerning the Protection of Public Funds. Established by any act performed by a public official—or a persPenal Law · Source page ٢٩٥
  42. Principle 1077The offence of unlawful exaction. Its criterion. The public official must be competent to collect sums due to the State, or this must be among the requirements of his office or entrusted to him. - An official's collectioPenal Law · Source page
  43. Principle 1080The offence of intentionally damaging public funds is established: whenever the perpetrator is a public official, employee or worker entrusted with safeguarding the interests of one of the entities specified in Article 2Penal Law · Source page
  44. Principle 1081Offences of causing damage committed against the State and public bodies. They alone are subject to Article 47 of Law 31 of 1970, excluding offences committed against companies and establishments in whose capital the StaPenal Law · Source page
  45. Principle 1083The appealed judgment's conviction of the accused on a charge whose elements were absent and which the accused denied committing. Its effect. The Court of Cassation may set aside its conviction of the accused, acquit himPenal Law · Source page
  46. Principle 1086The offence of money laundering. The criterion for its establishment. - The material element of the offence of money laundering. Its establishment depends on committing one of the acts stipulated in Article 2/2-3 of Law Penal Law · Source page
  47. Principle 1088The offence of custody or possession of a firearm without a licence and custody or possession of ammunition used in an unlicensed firearm. Established merely by carrying the weapon or ammunition knowingly and consciouslyPenal Law · Source page
  48. Principle 1089The offence of holding a weapon without a licence. May be proved by all means of proof. Failure to seize the weapon. Does not preclude its establishment.Penal Law · Source page
  49. Principle 1090Exemption of members of the ruling family from obtaining a licence to hold a club weapon. Its condition. Their obtaining permission from the Supreme Council(*).Penal Law · Source page
  50. Principle 1092The appellant’s acknowledgement that the weapon and ammunition were seized in his possession. The plea that his arrest and search were invalid. Ineffectual. - 303 - Penal mattersPenal Law · Source page
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