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. - تقدير عقوبتها والامتناع عن النطق بالعقاب فيها

    Principle 1256The punishment prescribed for the offence of bringing in narcotic substances with intent to traffic is death or life imprisonment. Article 31 of the Narcotics Control Law. The judgment’s imposition of life imprisonment aPenal Law · Source page ٣٤١
  2. Principle 1257Finding traces of narcotic or psychotropic substances in the appellant's urine sample. Sufficient to establish the offence of his holding either, whatever its percentage in his body. The reason: the law has not prescribePenal Law · Source page ٣٤١

  3. - التدرج في عقوبة جرائمها وفقاً للقصد من حيازتها وإحرازها

    Principle 1258Convicting the appellant of the offence of possessing narcotic substances with intent to traffic and imposing its penalty upon him. Prohibition on ordering that punishment not be pronounced therein. The basis thereof. ArPenal Law · Source page ٣٤١
  4. Principle 1259The fine prescribed for the crime of possession of narcotic substances with intent to consume them is a principal penalty that must be imposed together with imprisonment. Omitting it renders the judgment defective for coPenal Law · Source page ٣٤١
  5. Principle 1260Confiscation of the seized narcotic substances and implements must be ordered. The basis thereof. Article 39 of Law 74 of 1983 concerning the Control of Narcotics and the Regulation of Their Use and Trade. Contravention Penal Law · Source page ٣٤١
  6. Principle 1261The futility of challenging the judgment in respect of the offence of consuming narcotics forming the subject of the second charge - 341 - Criminal Law where the offence of possession of narcotics with intent to traffic Penal Law · Source page ٣٤١
  7. Principle 1262The offence of holding narcotics is among offences requiring specific intents. Penalties are graduated according to each of those intents. The necessary consequence: the judgment must establish the accused's specific intPenal Law · Source page ٣٤٢
  8. Principle 1263The judgment’s treatment of the offences of possessing the narcotic hashish and psychotropic substances with intent to traffic and consume as indivisibly connected, its application of Article 84 of the Penal Code to the Penal Law · Source page ٣٤٢
  9. Principle 1264The judgment's treating the offences of supplying hashish without consideration for consumption and physically possessing hashish and psychotropic substances with intent to consume them as indivisibly connected, applyingPenal Law · Source page ٣٤٢
  10. Principle 1265The offence of physical possession and possession of a psychotropic substance with intent to traffic is independent of the offence of physical possession possession of the narcotic hashish with intent to traffic. The judPenal Law · Source page ٣٤٢
  11. Principle 1266The judgment's application of Article 84 of the Penal Code and its imposition on the appellant of the penalty for the more serious offence, namely physical possession of narcotic substances with intent to consume them. TPenal Law · Source page ٣٤٣

  12. - ارتباط جرائم المخدرات بجرائم التهريب الجمركي

    Principle 1267The crime of holding the narcotic heroin with intent to traffic. Its penalty is death. Under Article 83 of the Penal Code, it may be reduced only to life imprisonment. Article 48 of the Narcotics Control Law. There is noPenal Law · Source page ٣٤٣
  13. Principle 1268The offence of customs smuggling. What constitutes it. - Convicting the accused of customs smuggling after his possession of narcotic substances has been established. Does not render the judgment defective for error in aPenal Law · Source page ٣٤٣
  14. Principle 1269The judgment’s establishment of the appellant’s possession of the narcotic hashish and his conviction of customs smuggling for failing to provide proof of its lawful importation. Correct.Penal Law · Source page ٣٤٣
  15. Principle 1270The principal penalty prescribed for the most serious of the indivisibly connected offences absorbs the penalties - 343 - Criminal Law that are principal and prescribed for the other offences. This does not extend to supPenal Law · Source page ٣٤٣
  16. Principle 1271The judgment involving a violation of the law or an error in its application or interpretation. Its effect. The Court of Cassation may quash it of its own motion in favour of the accused. An example of an error in applyiPenal Law · Source page ٣٤٤
  17. Principle 1272Disputing the assessment of the value of the seized narcotic for the first time before the Court of Cassation. Inadmissible. The reason therefor.Penal Law · Source page ٣٤٤

  18. - القانون الأصلح في جرائم المواد المخدرة

    Principle 1273Offences that are indivisibly connected and committed for a single purpose. Their perpetrator is punished with the penalty prescribed for the most serious of them. Article 84 of the Penal Code. - The Unified Customs Law'Penal Law · Source page ٣٤٤
  19. Principle 1274Unroasted poppy seeds which were subject to the prohibition contained in Article 26 of the Narcotics Control Law. Their exclusion from that prohibition upon the issuance of Minister of Health Decision 321/1987. The impliPenal Law · Source page ٣٤٤

  20. في شأن المؤثرات العقلية وتنظيم استعمالها والاتجار فيها

    Principle 1275Law No. 12 of 2007 amending the provisions of Law 74 of 1983 concerning the Control of Narcotics and the Regulation of their Use and Trafficking. Its abolition of the minimum penalties of imprisonment and fine. A law morPenal Law · Source page ٣٤٥
  21. Principle 1276Custody of psychotropic substances and their preparations listed in Schedule No. 5 annexed to Law 48/1987. The misdemeanour penalty applies to them unless connected with a felony. The judgment's imposition of the felony Penal Law · Source page ٣٤٦
  22. Principle 1277The appellant’s complaint that the judgment convicted him despite the lack of proof that the pills seized with him were psychotropic substances. Inadmissible. So long as it is established from the recitals of the challenPenal Law · Source page ٣٤٦
  23. Principle 1278The therapeutic measure of placing a psychotropic substance addict in a treatment institution. Its adoption. Discretionary for the trial court. The basis thereof. Article 33 of Law 74 of 1983.Penal Law · Source page ٣٤٦
  24. Principle 1279The court’s satisfaction that the psychotropic tablets sealed as evidence and sent for analysis are the seized tablets. Its determination of the case on this basis. No defect. This is unaffected by an allegation of a sliPenal Law · Source page ٣٤٦
  25. Principle 1280The principal penalty prescribed for the most serious of indivisibly connected offences absorbs the principal penalties prescribed for the other offences. This does not extend to supplementary penalties. Its effect. TheyPenal Law · Source page ٣٤٦
  26. Principle 1282The judgment convicting the appellant on the two charges of consuming narcotic substances and psychotropic substances, traces of which the forensic evidence report established were present in his urine sample as a resultPenal Law · Source page ٣٤٧
  27. Principle 1283An order committing a person proved to be addicted to narcotic drugs to one of the treatment institutions designated by the Minister of Health for treatment therein, as provided in Article 33/2 of Law 74 of 1983 concerniPenal Law · Source page ٣٤٧
  28. Principle 1284The offence of possession and custody of a psychotropic substance with intent for personal use is independent of the offence of possession custody of the narcotic hashish with intent to traffic. The judgment's applicatioPenal Law · Source page ٣٤٧
  29. Principle 1285Importing psychotropic substances with intent to traffic. A material fact. The trial judge has sole authority to assess it. Provided that he bases it on material supporting it. Disputing this before the Court of CassatioPenal Law · Source page ٣٤٨
  30. Principle 1286The appellant's dispute concerning the proportions of the active substance in the seized tablets as not establishing criminal intent. Unavailing and serves no interest so long as the judgment established that they were aPenal Law · Source page ٣٤٨
  31. Principle 1287The appellant has no interest in challenging the judgment as defective for relying on the analysis report's finding of metabolites of hashish and a psychotropic substance in his urine sample. So long as it established thPenal Law · Source page ٣٤٨
  32. Principle 1288It is sufficient for analysis to be conducted on part of the total psychotropic substances seized. - The judgment’s disclosure of the court’s confidence in the analysis report and the result it reached, and that the sampPenal Law · Source page ٣٤٨

  33. القانون رقم ٣٥ لسنة ١٩٨٥ في شأن جرائم المفرقعات

    Principle 1289Ordering the placement of an accused proven to be addicted to narcotic use or dependent on the use of psychotropic substances in a treatment facility for treatment, or ordering it. Discretionary for the trial court. No bPenal Law · Source page ٣٤٨

  34. القانون رقم ٦٤ لسنة ١٩٩٩ في شأن حقوق الملكية الفكرية

    Principle 1293Law 64 of 1999 concerning Intellectual Property Rights contains no restriction on the Public Prosecution’s freedom to initiate criminal proceedings. - The plea that the proceedings are inadmissible because they were instPenal Law · Source page ٣٥٠

  35. - المصطلحات القانونية

    Principle 1294Printed material and printer. Their meaning in Article 2 of Law 3 of 2006 concerning Printing and Publication. - The requirement for approval by the competent ministry before importing, circulating or selling printed matPenal Law · Source page ٣٥٠
  36. Principle 1295The meaning of printed matter and printer. Article Two of Law 3/2006 concerning Publications and Publishing.Penal Law · Source page ٣٥٣

  37. - تحريك الدعوى

    Principle 1297The restriction prohibiting the institution of criminal proceedings after more than three months have elapsed from the date of publication. Applies to the offences provided for in Chapter Three under the heading "MattersPenal Law · Source page ٣٥٣
  38. Principle 1298Submission of a complaint by the victim—pursuant to Article 109 of the Code of Criminal Procedure and Trials—is not required for offences under the Publications and Publishing Law. The reason: Law 3 of 2006 contains no pPenal Law · Source page ٣٥٣
  39. Principle 1299The appointment of officials charged with recording violations of the provisions of Law 3/2006 concerning Printing and Publishing is made by a decision of the competent Minister of Information. - The Press and PublicatioPenal Law · Source page ٣٥٣
  40. Principle 1300The right of everyone to report offences under Law No. 3 of 2006 concerning Printing and Publication. The basis thereof.Penal Law · Source page ٣٥٤
  41. Principle 1301The Public Prosecution must be notified within 3 months from the date of commission of offences under Law No. 3 of 2006 concerning Printing and Publication. Proof that such notification occurred. Its effect. Its sufficiePenal Law · Source page ٣٥٤
  42. Principle 1302Publication by most newspapers of the news forming the subject of the charge. Does not preclude criminal accountability. - Criminal intent in publishing offences:-Penal Law · Source page
  43. Principle 1305The publisher's criminal intent in the offence of impairing the dignity of persons criminalized by Article 21/7 of Law 3 of 2006 concerning Publications and Publishing. Presumed to exist when general intent exists. Its iPenal Law · Source page
  44. Principle 1306Criminal intent in the offence of affronting persons’ dignity criminalised by Article 21/7 of Law 3 of 2006 concerning Printing and Publication. Its establishment. - The publisher’s knowledge. Presumed where general intePenal Law · Source page
  45. Principle 1307Guaranteeing personal liberty, freedom of opinion and expression, and freedom of the press, printing, and publication. Articles 30, 36, 37 of the Constitution. This is affirmed by Article 1 of the Printing - 355 - Penal Penal Law · Source page
  46. Principle 1308Freedom of thought and expression of opinion and the right to criticise. A constitutional principle. The exception is the prohibition of publication. Its effect is confined to the limits within which it is stated. These Penal Law · Source page
  47. Principle 1309Absence of liability. Its criterion: that the perpetrator, at the time of committing the offence, lacked freedom of choice as a result of a threat to harm his person or property. - States of agitation, provocation or angPenal Law · Source page
  48. Principle 1311Criminal intent in the offences of defamation and insult. Established whenever the words directed at the victim are inherently disgraceful. - The purposes of the expressions for which the publisher is tried must be assesPenal Law · Source page
  49. Principle 1313Identifying the victim intended by the published article in the offence of affronting persons’ dignity criminalised by Article 21/7 of Law 3 of 2006 concerning Printing and Publication. A matter of fact. The condition foPenal Law · Source page
  50. Principle 1314The crime of thought and expression of opinion, including the right to criticise. The Constitution and the Printing and Publishing Law charged them. The exception may not erase the rule, encroach upon it, or suspend it. Penal Law · Source page
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