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 55Law 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 ٢١ج- من حيث المخاطبين بأحكامه
Principle 56An appeal in cassation is permissible only against judgments rendered by the Court of Appeal in felony matters. The basis therefor. - Methods of challenging criminal judgments are governed by the law in force when the juPenal Law · Source page ٢١رابعاً: القانون الأصلح
Principle 58The condition for considering a law more favourable to the accused. Its identity with the law on which the charge or punishment was based as to the act stipulated in each, an identity encompassing the act’s elements and Penal Law · Source page ٢٢- Principle 59Unroasted poppy seeds which were subject to the prohibition in Article 26 of Narcotics Control Law 74/1983, which authorized the Minister of Health to amend its attached schedules. Their exclusion from this prohibition uPenal Law · Source page ٢٢
- Principle 60The law more favourable to the accused. The conditions for its application and the legal ground relating to it. - Issuance of a decision by the Minister of Health removing poppy seeds from the schedule accompanying the NPenal Law · Source page ٢٢
- Principle 61The decision issued by the supervisor of the boycott, after the commission of the offences attributed to the accused, removing the company with which he dealt from the blacklist after the disappearance of the circumstancPenal Law · Source page ٢٢
- Principle 63The Constitutional Court’s ruling that the text of clause 6 of Article 17 of Decree-Law 13 of 1980 concerning Customs(*) is unconstitutional insofar as it deems the transport and possession of prohibited goods, for whichPenal Law · Source page ٢٣
- Principle 64Amendment of the maximum penalty for the offence of issuing a cheque without existing and disposable funds to cover payment, from five years to three years. Its consequence. It becomes a misdemeanour after having been a Penal Law · Source page ٢٣
خامساً: قاعدة امتناع الاعتذار بالجهل بالقانون
Principle 67Pleading ignorance of criminal law and the laws supplementing it as a pretext to justify committing any offence or to negate criminal intent. Inadmissible. The reason therefor. Borrowing the knowledge of criminal law of Penal Law · Source page ٢٤- Principle 68Raising the excuse of ignorance of a law other than the Penal Code or of administrative regulations before the Court of Cassation for the first time is inadmissible. Example concerning the excuse of ignorance of the PersPenal Law · Source page ٢٤
- Principle 69Reliance on custom in applying the law. It is not valid and does not affect criminal liability. - Error in understanding penal provisions does not negate criminal intent. The reason: knowledge of the law - 24 - Penal LawPenal Law · Source page ٢٤
- Principle 70Issuing regulations implementing laws. Within the competence of the executive authority. - The decision of the Supervisor of Israel Boycott Affairs prohibiting dealings with a particular company supplements the Boycott LPenal Law · Source page ٢٥
- Principle 71Ignorance of the law is no excuse. The basis thereof. Art. 42 of the Penal Code. Example.Penal Law · Source page ٢٥
- Principle 72Ignorance of the provision establishing the offence or its erroneous interpretation. Does not preclude the existence of criminal intent unless the law provides otherwise. - The plea of ignorance of Law 41 of 1993. A maniPenal Law · Source page ٢٥
- Principle 73Pleading ignorance of a law other than the Penal Code as an excuse. Its condition: the person claiming ignorance must establish evidence of the sufficiency of his inquiries and that his belief in the lawfulness of his acPenal Law · Source page ٢٥
- Principle 75Ignorance of the provision establishing the offence or an erroneous interpretation of that provision does not preclude the existence of criminal intent unless the law provides otherwise. Article 42 of the Penal Code. - 2Penal Law · Source page ٢٥
سادساً: إلغاء التشريع أو تعديله
Principle 76Ignorance of the provision creating the offence and its erroneous interpretation do not preclude the existence of criminal intent. Article 42 of the Penal Code. - The judgment's statement that the appellant committed thePenal Law · Source page ٢٦- Principle 77Repeal or amendment of legislation. Its two means: express provision or the later legislation’s use of a provision that conflicts with the old legislation or regulates the subject anew.Penal Law · Source page ٢٦
- Principle 78Article 36 of Law 31/1970 includes a provision punishing an official's taking a bribe after improperly performing or refraining from an act, as a reward and with the intention of a prior agreement. A special provision whPenal Law · Source page ٢٦
سابعاً: تنفيذ القانون
Principle 80The Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, dated 12/8/1949, to which the State of Kuwait acceded on 2/9/1962. Its purpose is to protect civilians present in the territory Penal Law · Source page ٢٦ثامناً: الذاتية الخاصة لقانون الجزاء
Principle 81The law does not permit individuals to impose punishment for contravening the provisions of positive law or the provisions of Islamic Sharia. An example: the assertion that Islamic Sharia permits killing a sorcerer. A maPenal Law · Source page ٢٧تاسعاً: سريان قانون المرافعات على الدعوى المدنية التابعة
Principle 82The distinctive autonomy of the Penal Code. Its effect. Ninth: Application of the Code of Civil Procedure to the ancillary civil action:Penal Law · Source page ٢٧- قيامها
Principle 83The ancillary nature of the civil action in relation to the criminal action. Its effect. It follows its rules in the conduct of the trial, judgments and challenges thereto in respect of procedures and time limits. The LaPenal Law · Source page ٢٧- Principle 84Criminal intent in the offence of issuing a cheque without existing and disposable funds to cover it. What suffices for its existence. The reason for issuing the cheque is a motive of no account. It has no effect on the Penal Law · Source page ٢٨
- Principle 85A document whose appearance gives rise to the belief that it is a cheque becomes a subject of criminal liability even if it lacks the word cheque, whenever it has the appearance of a cheque and has been delivered on thatPenal Law · Source page ٢٨
- Principle 86Reliance on custom in the application of the law. It is not permissible and does not affect criminal liability. - A mistaken understanding of penal provisions does not negate criminal intent. The reason therefor. KnowledPenal Law · Source page ٢٨
- Principle 87The issuance of an arbitration tribunal’s award imposing judicial receivership over all the cheque drawer’s assets and appointing a judicial receiver over them before the cheque’s due date has no effect on the establishmPenal Law · Source page ٢٨
- Principle 88Liability for custody or possession of narcotic substances with intent to traffic. Its criterion. The offender's connection with the narcotic and his exercise of control over it knowingly and voluntarily, even if physicaPenal Law · Source page ٢٨
- Principle 89The judgment’s finding that the appellant voluntarily sold the narcotic to the confidential informant negates the assertion that the offense was created, without relieving him of liability.Penal Law · Source page ٢٩
- Principle 91Intent to kill. It is not negated by the accused committing his act under the influence of agitation and anger.Penal Law · Source page ٢٩
- Principle 93The accused's adherence to denial. Does not avert his responsibility in the face of the inculpatory evidence on which the court relied.Penal Law · Source page ٢٩
صغر السن
Principle 94States of agitation, provocation or anger do not, on a correct application of the law, constitute grounds for absence of criminal liability. They constitute judicial mitigating excuses. Their assessment rests with the coPenal Law · Source page ٢٩المرض العقلي
Principle 95Challenging the victim's testimony on the ground that he lacks discernment and perception because of his young age and his mental illness. A material defence. The court's failure to investigate it renders its judgment dePenal Law · Source page ٣٠- Principle 96The judgment's disregard of the appellant's material defense that he suffered from a mental illness negating his liability for the offense of indecent assault. Inadequate reasoning and infringement of the right of defensPenal Law · Source page ٣٠
- Principle 97Assessment of the accused’s mental condition. For the trial court, provided it is reasonable. Its obligation to resort to experts in purely technical matters through which it cannot make its own way. Example of sound reaPenal Law · Source page ٣٠
- Principle 98The judgment's failure to address what was seriously raised regarding the accused's mental condition. A deficiency that vitiates the judgment.Penal Law · Source page ٣٠
- Principle 99Absence of responsibility of a person who, at the time of the offence, is incapable of directing his will because of mental illness. The trial court’s power to assess the evidentiary weight of the expert’s assessment conPenal Law · Source page ٣٠
- Principle 101Mental illness by which responsibility is negated. Its nature. Assessment of the accused's mental condition. Within the authority of the trial court, provided its assessment is reasonable. It is not obliged to seek the aPenal Law · Source page ٣١
- Principle 102Mental illness that negates criminal liability. Its distinction from psychological conditions that do not deprive a person of consciousness and understanding.Penal Law · Source page ٣١
- Principle 103Mental illness that negates criminal liability is that which eliminates perception or results in total loss of the ability to direct the will. Other illnesses and psychological conditions that diminish or weaken the two Penal Law · Source page ٣١
- Principle 104Exemption from punishment because the offender lacked perception and choice. Its criterion. This must be attributable to mental illness or mental infirmity, to the exclusion of anything else. Psychological disturbance. IPenal Law · Source page ٣١
- Principle 105The criterion for exemption from punishment because the offender lacked consciousness and freedom of choice in his actions. Its condition. - The plea that the accused was in a state of agitation, provocation, and anger dPenal Law · Source page ٣١
- Principle 106Absence of criminal liability owing to the offender’s loss of understanding and inability to direct his will. Its prerequisite. Psychological conditions that do not deprive a person of consciousness and understanding. DoPenal Law · Source page ٣٢
- Principle 107Mental illness that negates liability. Its nature. - All other illnesses and psychological conditions that diminish perception or the ability to direct the will generally do not constitute a ground for absence of liabiliPenal Law · Source page ٣٢
- Principle 108The court’s satisfaction as to the truth of the incident on the basis of the evidence of guilt. Its sufficiency to answer the appellant’s defence requesting his referral to the medical committee to determine his mental cPenal Law · Source page ٣٢
- Principle 109Mental illness and equivalent conditions that eliminate liability in law. They are those that eliminate understanding or result in loss of the ability to direct the will generally. Other illnesses and psychological condiPenal Law · Source page ٣٢
- Principle 110Convicting the appellant of the offences he committed on the basis of medical reports that he did not suffer from mental illness and that the other illnesses resulted from his misuse of psychotropic substances and narcotPenal Law · Source page ٣٣
- Principle 111No liability attaches to a person who, at the time of committing the act, was incapable of perceiving its nature or its unlawful character, or incapable of directing his will, because of mental illness, deficient mental Penal Law · Source page ٣٣
- Principle 112Exemption of the offender from punishment for loss of understanding and freedom of choice at the time of committing the act. Its criterion: it must be attributable to mental illness or mental infirmity and nothing else. Penal Law · Source page ٣٣
- Principle 113Exclusion of criminal liability because the offender lacked consciousness and freedom of choice in his actions at the time of committing the act. Its condition: that this be attributable to mental illness, deficient mentPenal Law · Source page