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. - إثبات جرائم المخدرات وإحرازها

    Principle 1202The appellant's objection that no narcotic was found in his home or in the house from which he was apprehended while leaving, and that there was animosity between him and the undisclosed confidential informant. A factualPenal Law · Source page ٣٢٩
  2. Principle 1204Delay in drawing up the seizure report and sealing the seized narcotic substance as evidence. Does not prevent the court from relying on the evidence contained in that report.Penal Law · Source page ٣٣٠
  3. Principle 1205The general rule is that crimes of all kinds, except those excluded by a special provision, may be proved by all means of proof. The crimes of possession and smuggling of narcotics are not covered by a special exception.Penal Law · Source page ٣٣٠
  4. Principle 1206The prerequisite for liability for holding and possessing narcotic substances is proof of the offender's connection with the narcotic, directly or through an intermediary, and the extension of his control over it in any Penal Law · Source page ٣٣٠
  5. Principle 1207The smallness or largeness of the quantity of narcotics is among the relative matters subject to the court's assessment.Penal Law · Source page ٣٣٠
  6. Principle 1208The appellant’s failure to allege that the seized items were tampered with or that the narcotic substance sent for analysis was not that seized with him. Disputing the reduction in its weight. A factual dispute.Penal Law · Source page ٣٣٠
  7. Principle 1209The existence of strong evidence accusing the female appellant of the felony of possession of a narcotic seized from a person authorised to be searched, and his admission that he received the narcotic from her. Validity Penal Law · Source page ٣٣٠
  8. Principle 1210The plea of invalidity of the search of another dwelling of the appellant. Of no avail so long as the judgment relied on his confession before the prosecution and the judgment established his possession of another quantiPenal Law · Source page ٣٣٠
  9. Principle 1211Disputing that the seized substance differs from that which was analyzed. A factual dispute. - 330 - Criminal LawPenal Law · Source page ٣٣٠
  10. Principle 1212Inferring the establishment of intent to traffic in narcotic substances, although a matter of fact, must be sound. Failure thereof. Its effect. Cassation of the challenged judgment. - Criminal judgments. They must be basPenal Law · Source page ٣٣١
  11. Principle 1213A dispute concerning a difference in the weight of the narcotic has no basis so long as the court is satisfied that the seized substance is the one sent for analysis and is also satisfied with the conclusion reached by tPenal Law · Source page ٣٣١
  12. Principle 1214The court's conviction by the incriminating evidence and its reliance upon it in entering a conviction. The absence of inquiries indicating the female appellant's activity in importing or using narcotic substances does nPenal Law · Source page ٣٣١
  13. Principle 1215The trial court may sever a witness's statements, accepting one part and disregarding another part with which it is not satisfied. An example concerning a police officer's statements in an incident involving seizure of nPenal Law · Source page ٣٣١
  14. Principle 1216A confession in criminal matters is an element of evidentiary inference. Its implication. The trial court has complete freedom to assess its validity and probative value. - Fear and dread are not equivalent to coercion iPenal Law · Source page ٣٣١
  15. Principle 1217Assessment of the seriousness and sufficiency of inquiries for issuing a search warrant. A factual matter for the investigating authority under the supervision of the trial court, without review of its assessment. - 331 Penal Law · Source page ٣٣١
  16. Principle 1219The appellant's objection concerning the absence of traces of a narcotic in his blood and urine samples. Does not undermine the evidence of guilt, owing to the absence of any connection between this defence and the chargPenal Law · Source page ٣٣٢
  17. Principle 1220The officer’s failure to record in his report the numbers of the banknotes he handed to the confidential informant to purchase the narcotics. Does not weaken the evidence derived from his statements or necessarily lead tPenal Law · Source page ٣٣٢
  18. Principle 1221Possession or custody of narcotic substances with intent to traffic. Its assessment. A matter of fact. Example. - The challenge based on the small quantity of the narcotic, the failure to seal the investigation police's Penal Law · Source page ٣٣٢
  19. Principle 1222The large size of the quantity of the seized narcotic. Establishes knowledge of the nature of the narcotic and intent to traffic. The rationale thereof.Penal Law · Source page ٣٣٣
  20. Principle 1223The appellant’s presence in the accused’s dwelling while it was being searched pursuant to authorization from the Public Prosecution to seize any narcotic substances that might be found therein, and the officer’s observaPenal Law · Source page ٣٣٣
  21. Principle 1224The judgment's finding that heroin was found with the appellant upon searching him. The appellant's contention that the analysis report's finding of traces of that narcotic in his urine contradicts established scientificPenal Law · Source page ٣٣٣
  22. Principle 1225Procedures for taking and analysing a urine sample from the accused. Regulatory. Their violation entails no nullity. - The court being satisfied with the conclusion of the analysis report that metabolites of narcotic subPenal Law · Source page ٣٣٣
  23. Principle 1226The statement of the General Department of Criminal Evidence that the appellant has no prior activity in the field of narcotics. Does not detract from the evidence of guilt which the judgment found reliable and relied upPenal Law · Source page ٣٣٣
  24. Principle 1227The judgment establishing the presence of metabolites of hashish, morphine and psychotropic substances in the sample taken from the appellant's urine. Sufficient to establish his physical holding of these substances withPenal Law · Source page ٣٣٣
  25. Principle 1228Failure to specify the type of narcotic trafficked by the person under inquiry or to state the places where he conducts - 333 - Criminal his activity in the inquiry report, or the absence of information recorded with polPenal Law · Source page ٣٣٣
  26. Principle 1230Nothing prevents the trial court from finding in the statements of the officer involved in the incident what convinces it that the appellant physically possessed narcotic and psychotropic substances with intent to consumPenal Law · Source page ٣٣٤
  27. Principle 1231The failure to seize any narcotic or psychotropic substances with the accused does not in itself constitute an impediment to convicting him of the offence of using those substances, provided that the judgment establishedPenal Law · Source page ٣٣٤

  28. - التلبس بحيازة المخدرات وإحرازها

    Principle 1232The trial court has complete freedom to assess the probative force of the forensic evidence report on the results of the analysis of the urine sample taken from the accused. Disputing that or casting doubt on the timing Penal Law · Source page ٣٣٤
  29. Principle 1233A private boat or launch in its owner's custody. It may not be searched except in the cases and subject to the safeguards laid down by law. Its owner's abandonment of it after being stopped to ascertain his situation andPenal Law · Source page ٣٣٤
  30. Principle 1234A state of flagrante delicto. What suffices for its establishment. Custody of narcotics: flagrante delicto therein does not require that the witness - 334 - Criminal Law has ascertained the nature of the narcotic substanPenal Law · Source page ٣٣٤
  31. Principle 1235Flagrante delicto. The criterion for its establishment. - Assessment of the circumstances accompanying and surrounding the offence at the time of its commission or afterwards, and assessment of their sufficiency to estabPenal Law · Source page ٣٣٥
  32. Principle 1236The judgment’s establishment that the appellants were arrested pursuant to Article 54 of Criminal Procedure after evidence became available accusing both of possession and custody of the seized narcotic, and the first apPenal Law · Source page ٣٣٥
  33. Principle 1237Flagrante delicto. Its establishment. It is sufficient that there be outward manifestations that themselves indicate the occurrence of the offence. In flagrante delicto involving physical possession of a narcotic, it is Penal Law · Source page ٣٣٥
  34. Principle 1238The officer involved in the incident observing the accused infiltrating in a motorboat within Kuwaiti territorial waters, their attempt to escape upon seeing the patrol boat, and their failure to comply with the order toPenal Law · Source page ٣٣٥
  35. Principle 1239The existence of external manifestations that in themselves indicate the occurrence of the offence. Establishes flagrante delicto. - Finding that flagrante delicto exists or does not exist. A matter of fact. Provided it Penal Law · Source page ٣٣٦
  36. Principle 1240The officer’s observation of the appellant selling narcotics to the confidential source. Establishes a state of flagrante delicto entitling him to arrest him and search him and his residence without authorization from thPenal Law · Source page ٣٣٦
  37. Principle 1242The appellant's voluntary relinquishment of the narcotic he sold to the confidential informant establishes a state of flagrante delicto in respect of the felony of physically possessing it and permits the officer involvePenal Law · Source page ٣٣٦
  38. Principle 1243The right of a police officer to search the accused or his dwelling if he witnesses the commission of the offence or arrives at the scene while the offence is still flagrant. Article 43 of the Criminal Procedure and TriaPenal Law · Source page ٣٣٧
  39. Principle 1244An investigative stop is a measure undertaken by a public authority officer to investigate crimes and uncover their perpetrators, and is warranted by suspicion justified by the circumstances. It is permissible for a publPenal Law · Source page ٣٣٧

  40. - اختصاص ضباط مكافحة المخدرات

    Principle 1245A protective search. A right of the police officer arresting a person to strip him of - 337 - Criminal weapons and anything he might use to resist or injure himself or others. The basis thereof: Article 51 of the CriminaPenal Law · Source page ٣٣٧

  41. - التدابير العلاجية فيها

    Principle 1246Officers of the Narcotics Control Department are a branch of the General Department of Criminal Investigations. Their jurisdiction encompasses all types of cases throughout the country. The basis thereof. - Therapeutic mPenal Law · Source page ٣٣٨
  42. Principle 1247Placing a person addicted to narcotics in a treatment institution instead of imposing imprisonment. A discretionary power of the trial court.Penal Law · Source page
  43. Principle 1248Imposing imprisonment or taking the therapeutic measure of placing the accused in a treatment facility in the event - 338 - Penal Law his addiction to narcotics is established is discretionary for the trial court.Penal Law · Source page
  44. Principle 1249The judgment's disregard of the appellant's request to be placed in a treatment institution because he had previously been shown leniency in a similar case and placed in one of those institutions for 6 months. Does not vPenal Law · Source page
  45. Principle 1250An order placing a person proven to be addicted to narcotics in one of the treatment institutions designated by the Minister of Health for treatment therein, as provided for in Article 33/2 of Law 74 of 1983 concerning tPenal Law · Source page
  46. Principle 1251Imposing imprisonment or taking therapeutic measures, where addiction is established, by placement in one of the treatment institutions specified in Article 33/2 of Law 74 of 1983. Discretionary for the trial court. Its Penal Law · Source page
  47. Principle 1252Ruling that an appeal and, consequently, cassation are inadmissible against a judgment ordering the measure of placement in a treatment facility for addiction treatment. Its criterion. Issuance of the judgment imposing iPenal Law · Source page
  48. Principle 1253The penalty for importing heroin with intent to traffic is death. Showing the accused leniency. Its limits. Substitution of life imprisonment for that penalty, without the supplementary penalty. The judgment's contraventPenal Law · Source page
  49. Principle 1254The effect of mitigating circumstances is confined to principal penalties, excluding supplementary penalties. Implication thereof. - The judgment establishing that the respondent committed the two offenses of possessing Penal Law · Source page
  50. Principle 1255The fine prescribed for the offence of custody of narcotic substances with intent to traffic. A principal penalty. It must be imposed together with imprisonment. Article 32 of the Narcotics Law. The judgment's adherence Penal Law · Source page
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