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

Search this collection

  1. جلبها واستيرادها

    Principle 1148The offence of importing narcotics with intent to traffic. Established merely by bringing narcotics by any means into the territory of the State contrary to the provisions regulating this. - Importing narcotics with intePenal Law · Source page ٣١٩

  2. حيازتها بقصد الاتجار

    Principle 1149Importation of narcotics. A material fact which the trial court has independent freedom to assess. - The judgment’s finding that the appellant, a foreigner, entered the country on 6/9/2001 and was apprehended on 7/10/200Penal Law · Source page ٣١٩
  3. Principle 1150The judgment's establishment that the acts committed by the accused form part of the constitution of the offence of possession of a narcotic substance with intent to traffic. Its implication: considering him a principal Penal Law · Source page ٣٢٠
  4. Principle 1151Determining that possession of the narcotic is with intent to traffic. A matter of fact. The condition for this. The judgment's setting out what establishes the elements of possession of a narcotic substance with intent Penal Law · Source page ٣٢٠
  5. Principle 1152Assessment of physical possession and possession of narcotics with intent to traffic. A matter of fact. The condition thereof. The smallness or largeness of the quantity of narcotics. A relative matter. Subject to the coPenal Law · Source page ٣٢٠
  6. Principle 1155Possession of a narcotic with intent to traffic. Its inference lies within the trial court's authority. The condition for this. - A large quantity of the seized narcotic is not a condition for proving this intent.Penal Law · Source page ٣٢١
  7. Principle 1156The appellant's voluntary sale of the narcotic to the confidential informant. The challenge concerning his incitement to commit the offence and its creation. Inadmissible.Penal Law · Source page ٣٢١
  8. Principle 1157The appellant's defence that the accusation was not exclusive to him in respect of the narcotics seized in his home's bathroom window. Does not undermine the evidence of his possession of the piece of narcotics he sold tPenal Law · Source page ٣٢١
  9. Principle 1158The officer’s failure to record, in his report or the occurrence book, the numbers of the banknotes delivered to the confidential source to purchase narcotics. Does not weaken the evidence derived from his statements. ThPenal Law · Source page ٣٢١
  10. Principle 1159The offence of physical possession or possession of narcotics. Establishing criminal intent therein. - The physical possessor's or possessor's knowledge of the true nature of what he physically possesses. Its assessment Penal Law · Source page ٣٢١
  11. Principle 1160The penalty for the offence of physical possession of the narcotic heroin with intent to traffic. Death. Applying the provision of Article 83 of the Penal Code. The court may substitute life imprisonment for that penaltyPenal Law · Source page ٣٢١
  12. Principle 1161The offence of possessing narcotic substances with intent to traffic. The penalty of a fine must be imposed together with imprisonment. - The judgment's omission to impose the fine prescribed for possession of a narcoticPenal Law · Source page ٣٢٢
  13. Principle 1163The existence of intent to traffic in narcotic substances. Its sufficiency to establish the mental element of the offence of possession or physical possession of narcotic substances or preparations or a plant among the pPenal Law · Source page ٣٢٢
  14. Principle 1164The court's separate discussion of intent to traffic in the offence of custody and possession of narcotic substances. Not necessary, so long as the facts and circumstances it sets out suffice to demonstrate its establishPenal Law · Source page ٣٢٢
  15. Principle 1165Inferring intent to traffic in narcotic substances and psychotropic substances. A matter of fact, provided that it is reasonable. The size and diversity of the quantity seized. Do not indicate the absence or existence ofPenal Law · Source page ٣٢٢
  16. Principle 1166Determining the existence or absence of intent to traffic in narcotics. A question of fact which the trial judge independently decides without review, so long as he bases it on what supports it. - The accused's sale of tPenal Law · Source page ٣٢٣
  17. Principle 1167Possession of narcotics with intent to traffic. The trial court's independent determination thereof. Its condition. - The smallness or largeness of the quantity of the seized narcotic, its type, and likewise the abundancPenal Law · Source page ٣٢٣
  18. Principle 1168Physical possession of narcotics with intent to traffic. A material fact whose determination is exclusively for the trial judge. Its condition. - The appellant's raising his lack of activity in the field of narcotics or Penal Law · Source page ٣٢٣
  19. Principle 1169The existence or absence of intent to traffic in narcotic substances. A matter of fact. Its condition. The small quantity of the seized narcotic substance, the failure to find implements of the kind used in trafficking, Penal Law · Source page ٣٢٣
  20. Principle 1170Inferring whether intent to traffic in narcotic substances is established. A matter of fact. Its condition. Example. - A large quantity of the seized narcotic, whatever its volume. Is not a condition for proving or negatPenal Law · Source page ٣٢٤
  21. Principle 1171Custody or possession of narcotic substances with intent to traffic. A material fact. Its assessment is a matter for the trial court so long as the judgment sets out what demonstrates its existence in a manner not inconsPenal Law · Source page ٣٢٤

  22. حيازتها بقصد التعاطي

    Principle 1172Conviction of the appellant pursuant to Article 84/1 of the Penal Code with the punishment for the more serious offence, namely the offence of possession and custody of a narcotic substance with intent to traffic. No groPenal Law · Source page ٣٢٤
  23. Principle 1174Holding and possessing narcotics with intent to traffic, use, or give them to others. A material fact which the trial court independently determines so long as it bases it on grounds that support it.Penal Law · Source page ٣٢٤
  24. Principle 1175No narcotic substances being seized with the accused. Does not in itself prevent his conviction for the offence of consuming narcotics. - 324 - Penal LawPenal Law · Source page ٣٢٤
  25. Principle 1176The material element in the offence of holding narcotics. Its nature and what suffices for its establishment. - The presence of metabolites of the narcotic hashish in the appellant’s urine sample and the judgment’s findiPenal Law · Source page ٣٢٥
  26. Principle 1177Indications, signs and serious suspicions. Authorise the investigator to arrest. Basis thereof. Article 62, Procedure. Conducting an examination of the arrested person to determine whether or not he has consumed narcoticPenal Law · Source page ٣٢٥
  27. Principle 1178Convicting the accused on the charge of custody of narcotics with intent to consume. The judgment’s ruling to refrain from pronouncing punishment. No contravention of the law. The reason therefor.Penal Law · Source page ٣٢٥
  28. Principle 1179Assessment of whether volition or discernment has been lost. A matter of fact. - A person who takes a narcotic substance voluntarily and with knowledge of its true nature. Its effect.Penal Law · Source page ٣٢٥
  29. Principle 1180The urine and narcotics examination reports containing the appellant's name and the case number. Is not undermined by the obvious clerical error in the year.Penal Law · Source page ٣٢٥
  30. Principle 1181Assessment of a subsequent confession following an invalid arrest and search, and determination of its connection with that invalid procedure. Within the authority of the trial court. An example concerning a confession dPenal Law · Source page ٣٢٥
  31. Principle 1182The court is obliged to discuss in its judgment only evidence affecting the formation of its conviction. The judgment's not relying in its decision on the admission by the accused's representative that he possessed the nPenal Law · Source page ٣٢٥

  32. حيازتها بغير قصد الاتجار أو التعاطي

    Principle 1183The unconsciousness precluding responsibility is that resulting from taking intoxicating or narcotic substances which the perpetrator took under compulsion or without his knowledge. The implication thereof. Taking them wPenal Law · Source page ٣٢٦
  33. Principle 1184Taking possession of a narcotic, irrespective of the motive for doing so, constitutes possession criminalized by law.Penal Law · Source page ٣٢٦
  34. Principle 1185The material element of the offence of possessing narcotic substances. Physical custody is not required for its establishment. The accused's control over them suffices even if they are not in his physical possession. ExaPenal Law · Source page ٣٢٦
  35. Principle 1186The judgment's exclusion of intent for personal use from the appellant's custody and possession of the narcotic opium and its conviction of him for them without intent. The challenge to the judgment's reliance on his conPenal Law · Source page ٣٢٦
  36. Principle 1187The judgment's finding that two large pieces of hashish were found in the pocket of the appellant's dishdasha. Sufficient to convict him of the offence of physical possession of the narcotic hashish with intent to consumPenal Law · Source page ٣٢٦
  37. Principle 1188The court's confidence in the statements of the officer involved in the incident during the Public Prosecution's investigations, and its reliance on them together with the other evidence to establish the offence of possePenal Law · Source page ٣٢٦
  38. Principle 1189The judgment establishing that a bottle containing a piece of hashish, a cigarette filled with fragments of the same narcotic, a bag containing another piece of the same substance, and a water pipe bearing tobacco mixed Penal Law · Source page ٣٢٧
  39. Principle 1190Conviction of the appellant of the offence of consuming narcotic substances on the basis of the report of the General Department of Criminal Evidence finding metabolites of the narcotic substance hashish in his urine samPenal Law · Source page ٣٢٧
  40. Principle 1191Assessment of evidence and its sufficiency to convict the accused. A matter of fact. The accused's lack of prior activity in the field of narcotics. Does not detract from his conviction for physically possessing them. ThPenal Law · Source page ٣٢٧
  41. Principle 1192The court convicting the appellant of consuming narcotic substances because it was satisfied with the conclusion of the report analysing his urine sample that hashish metabolites were found therein. Its disregarding his Penal Law · Source page ٣٢٧
  42. Principle 1193The evidence upon which the court relies in forming its conviction need not concern seeing the incident sought to be proved. It is sufficient to infer its establishment from the totality of the elements presented to the Penal Law · Source page
  43. Principle 1194Possession of narcotics with intent to give them to another. A material fact, the inference of which falls within the authority of the trial court, provided it is reasonable. This offence is established even if the givinPenal Law · Source page
  44. Principle 1195Providing a narcotic substance without consideration in circumstances other than those legally authorized. Its penalty is imprisonment for a term of not less than five years and not more than ten years and a fine of not Penal Law · Source page
  45. Principle 1196The judgment's conclusion that an indivisible connection exists between the offences of trafficking in a narcotic and possessing it with intent to give it to another, and its imposition on him of a single penalty fallingPenal Law · Source page
  46. Principle 1197Custody of a narcotic with intent to give it to another. A material fact. Its assessment falls within the authority of the trial court, so long as it is sound. 7- Preparing a place for drug use:Penal Law · Source page
  47. Principle 1198Considering the offence of preparing a place for consuming narcotics without consideration to be indivisibly connected with the offence of possession and custody of a narcotic substance with intent to consume, and imposiPenal Law · Source page
  48. Principle 1199The offence of cultivating Indian cannabis with intent to traffic. Its establishment: by cultivating a plant among the plants listed in Schedule 5 of Law 74 of 1983 concerning the Control of Narcotics and the Regulation Penal Law · Source page
  49. Principle 1200Assessment of the evidence in the case. Belongs to the trial court. It may decline to take the accused's statements at face value and instead penetrate to their truth. It may sever those statements and infer the intent iPenal Law · Source page
  50. Principle 1201The trial court may sever the accused’s statements. It accepts those whose truth it trusts and disregards the remainder. Without stating reasons for doing so. The reason for this. The court’s statement, supported by sounPenal Law · Source page
PreviousPage 21 of 31Next