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 1093The elements of the offence of possession of a firearm and ammunition. Mere physical possession is sufficient, regardless of the period of possession or its motive. The objection based on lack of ownership thereof. UnfouPenal Law · Source page ٣٠٤- Principle 1094Cannons of all types: the Weapons and Ammunition Law applies to their possession and physical possession. Criminalization of their possession and physical possession. Its condition.Penal Law · Source page ٣٠٤
- Principle 1095What establishes possession of firearms and ammunition. The offender's control extending over them even if they are not in his possession.Penal Law · Source page ٣٠٤
- Principle 1096The person conducting the search must, as a rule, adhere to the purpose specified in the warrant. The limit thereof. The incidental discovery during the search of objects whose possession constitutes an offence or which Penal Law · Source page ٣٠٤
- Principle 1097The officer’s failure to send the seized firearm to forensic medicine. A criticism of pretrial procedures. It cannot constitute a ground for challenging the judgment.Penal Law · Source page ٣٠٤
- Principle 1098A police officer's search of the accused for narcotic substances pursuant to an order issued to him by the competent authority. Permits him to conduct the search in every place where he considers the narcotic might be foPenal Law · Source page ٣٠٤
- Principle 1100Reading together the provisions of Articles 2/1, 4 of Decree-Law 13 of 1991 concerning Weapons and Ammunition and Article 14 of Minister of Interior Decision No. 214 of 1992 issuing the Executive Regulations of this Law,Penal Law · Source page ٣٠٥
- Principle 1101The offence of possession of firearms and their ammunition. Mere physical possession is sufficient. Criminal intent is established by mere knowing and voluntary possession. Establishing that. Within the authority of the Penal Law · Source page ٣٠٥
- Principle 1102Confiscation of the seized weapon and ammunition. Among supplementary penalties. It must be ordered in addition to the principal penalties for the 2 offences of possessing a firearm and ammunition without a licence. The Penal Law · Source page ٣٠٥
ثانياً: القصد الجنائي والباعث
Principle 1103The offence of training in carrying weapons or using ammunition or receiving instruction in military arts. It is established by any activity committed by the perpetrator involving receiving training from another in that Penal Law · Source page ٣٠٥- Principle 1104The motive for the offence is immaterial. The contention that the firearm cartridges were possessed for decoration. Inadmissible.Penal Law · Source page ٣٠٦
- Principle 1107The offence of possessing a firearm without a licence. What suffices for its establishment. - The motive for possession does not affect the occurrence of the offence. - Mere possession or custody of the weapon without a Penal Law · Source page ٣٠٦
(القانون رقم ٤١ لسنة ١٩٩٣ بشأن سداد المديونيات)
Principle 1108The law applies the rule governing a person of full awareness and perception to anyone who voluntarily consumes a narcotic or intoxicating substance while knowing its true nature. The effect thereof: the existence of criPenal Law · Source page ٣٠٦- Principle 1109The judgment’s conclusion that the elements of the offence of concealing the fact of the disposition of the real property owned by the appellant and his siblings by inheritance, with intent to evade repayment of indebtedPenal Law · Source page ٣٠٧
(القانون رقم ٧٥ لسنة ١٩٨٣)
Principle 1110The offence of concealing a fact or disposition provided for in Article 23 of Law 41 of 1993 has its elements established by the offender's undertaking any of the acts or dispositions provided for, including concealing aPenal Law · Source page ٣٠٧- Principle 1111Staying trial for offences relating to cheques drawn in respect of transactions concerning company shares concluded on deferred terms. Its condition.Penal Law · Source page ٣٠٨
- Principle 1112Purchasing shares and drawing a cheque for their price subsequent to concluding the transaction. The transaction must be regarded as having been made on deferred payment terms. Contravention thereof. An error of law.Penal Law · Source page ٣٠٨
- Principle 1113An action brought concerning a forward share transaction that was not registered within the statutory time limit. Inadmissible. Example in a case concerning a cheque without funds.Penal Law · Source page ٣٠٨
- Principle 1114Stay of criminal judicial proceedings concerning transactions relating to company shares concluded on deferred terms. When it ends. The declaration of bankruptcy of the debtor referred to the Shares Institution, althoughPenal Law · Source page ٣٠٨
- Principle 1115The jurisdiction of the criminal court when hearing the criminal action for the offence of failure by a debtor referred to the Institution for the Settlement of Transactions Relating to Company Shares Concluded on DeferrPenal Law · Source page ٣٠٨
- Principle 1116Staying all civil and criminal judicial proceedings concerning transactions relating to company shares concluded on deferred-payment terms before Law 57/1982 came into force, for which post-dated cheques, bonds or other Penal Law · Source page ٣٠٩
- Principle 1117The procedures for amicably settling transactions relating to company shares concluded on deferred terms, provided for in Decree-Laws 57 of 1982 and 75 of 1983, between the person referred to the Institution for the SettPenal Law · Source page ٣٠٩
(القانون رقم ٣٢ لسنة ١٩٨٦)
Principle 1118The amicable settlement conducted by the Institution for the Settlement of Transactions Relating to Company Shares Concluded on Deferred Terms is tantamount to a pro rata distribution by the creditors of the referred perPenal Law · Source page ٣٠٩(القانون رقم ٢٥ لسنة ١٩٦٠)
Principle 1119The offence of conducting banking business other than through a registered banking institution. The criterion for acquittal therein. Example. - Banking business. What falls within it. - 310 - Criminal Pharmacy and PricinPenal Law · Source page ٣١٠(القانون رقم ٤٢ لسنة ١٩٦٤ بشأن المحاماة المعدل)
Principle 1120The sale of medicines and medical preparations under the compulsory pricing system. Its nature. And its conditions. The basis thereof. - A legislative decision. It must be published in the Official Gazette. The rationalePenal Law · Source page ٣١١- حيازتها وإحرازها (بوجه عام)
Principle 1121Requiring a lawyer to give testimony in a dispute in which he was retained or consulted. Impermissible. Article 25 of Law 42 of 1964, as amended. The reason therefor: it entails disclosure of his client’s secrets and a bPenal Law · Source page ٣١٢- Principle 1122The accused's holding the narcotic in the offence of possessing it. Not necessary for establishing the material element. It suffices that his control extends over it.Penal Law · Source page ٣١٥
- Principle 1123Separately addressing the material element of the offence of possession of a narcotic substance. Unnecessary for the validity of the judgment.Penal Law · Source page ٣١٥
- Principle 1124Criminal intent in the offence of custody or possession of narcotics. The custodian’s or possessor’s knowledge that what he possesses is a narcotic substance. Its ascertainment falls within the discretion of the trial coPenal Law · Source page ٣١٥
- Principle 1125Ascertaining the accused's knowledge of the nature of the seized substance. A matter of fact. - When it is unnecessary to discuss the element of knowledge separately.Penal Law · Source page ٣١٥
- Principle 1126A person’s physical possession of a narcotic substance. Not a condition for regarding him as possessing it. His control extending over it. Sufficient to regard him as such, even if it is not in his physical possession orPenal Law · Source page ٣١٥
- Principle 1127The material element of the offence of possessing a narcotic substance. Its establishment does not require seizure of the narcotic on the person of its possessor.Penal Law · Source page ٣١٦
- Principle 1128Liability for the offence of possession or custody of narcotic substances. Its criterion. Proof of the perpetrator's connection with the narcotic, directly or through an intermediary, and his exercise of control over it Penal Law · Source page ٣١٦
- Principle 1129The complaint that the appellant had no control over the dwelling in which the narcotic was seized. Of no avail so long as the judgment established his responsibility for the narcotic he sold to the confidential source.Penal Law · Source page ٣١٦
- Principle 1130Liability in the two cases of holding and possessing narcotic substances. Its prerequisite. An example in which the element of holding is present.Penal Law · Source page ٣١٦
- Principle 1131The judgment’s finding of the seizure of fragments of the Indian hemp plant containing the basic compounds of the hashish plant, based on what was stated in the analysis report. The complaint that what was seized is not Penal Law · Source page ٣١٦
- Principle 1132The element of holding in relation to narcotic substances. Its establishment does not require seizure of that substance with the accused. What suffices to prove this.Penal Law · Source page ٣١٦
- Principle 1134Physical possession of a narcotic substance. A material fact. The trial court may infer whether it was for the purpose of - 316 - Criminal Law trafficking or otherwise. Its condition. Basing its finding on material that Penal Law · Source page ٣١٦
- Principle 1135Mere establishment of physical possession of the narcotic substance. Does not establish criminal intent in drug offences. Evidence must establish the offender's knowledge that what he possesses is among the narcotic subsPenal Law · Source page ٣١٧
- Principle 1136The offence of holding narcotics. Among offences requiring specific intents. The specific intent of the accused must be established where he expressly pleads its absence and the court convicts him with the aggravated penPenal Law · Source page ٣١٧
- Principle 1137Determining the existence of intent in possessing or physically holding narcotics. A matter of fact, provided it is reasonable. - The smallness or largeness of the quantity of narcotics and whether it is sufficient for pPenal Law · Source page ٣١٧
- Principle 1139The appellant’s challenge concerning the metabolites of the narcotic substance hashish found in his urine sample. Ineffectual. So long as the description of the charge of which he was convicted remains sound in view of tPenal Law · Source page
- Principle 1140The confidential informant's pretending to purchase narcotic substances in the appellant's possession, and the appellant's apprehension during that process. An arrangement to detect the offence and a lawful procedure thaPenal Law · Source page
- Principle 1141The offence of importing narcotics with intent to traffic upon merely bringing the narcotic by any means into the territory of the State contrary to the provisions regulating that. - Committing the act of execution or coPenal Law · Source page
- Principle 1142Criminal intent in the offence of importing a narcotic substance. What is required for its establishment. The offender's knowledge that what he holds is among the substances whose holding is legally prohibited, the judgmPenal Law · Source page
- Principle 1143The act of importation under the Narcotics Law. The criterion for its establishment. - Criminal intent in the offence of importing narcotic substances. What suffices to establish it. - 318 - Penal LawPenal Law · Source page
- Principle 1144Importation of narcotics. Established by bringing the narcotic into the territory of the State by any means. The appellant’s raising a defence that the narcotic was seized within territorial waters does not avail him. ThPenal Law · Source page
- Principle 1145The offences of bringing in and physically possessing narcotics are offences requiring specific intent. The necessary consequence thereof. The specific intent therein must be established. Merely stating that bringing in Penal Law · Source page
- Principle 1146The material element of the offence of bringing in narcotics. Established merely by bringing the narcotic into the territory of the State contrary to the provisions regulating this. Assessment of entry. A matter of fact.Penal Law · Source page
- Principle 1147The offender's knowledge of the nature of the imported narcotic substance. A factual matter which the trial court independently determines without review, provided its determination is sound.Penal Law · Source page