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. - إدخال أو تداول أو بيع مطبوعات واردة من الخارج

    Principle 1315The Kuwaiti Constitution’s guarantee of freedom of the press, printing and publishing in a manner enabling the press and media to perform their mission of disseminating news and making information available to public opiPenal Law · Source page ٣٥٩
  2. Principle 1316The requirement that the Ministry of Information approve publications arriving from abroad. The basis thereof.Penal Law · Source page ٣٥٩

  3. - إدارة محل لبيع أو تأجير المطبوعات

    Principle 1317The offence of importing, circulating or selling publications originating abroad before their approval by the competent ministry. Does not require specific criminal intent. When criminal intent is established therein. AsPenal Law · Source page ٣٥٩

  4. - حظر نشر أخبار إفلاس التجار أو الشركات التجارية أو المصارف

    Principle 1318Opening a shop for selling or renting publications without a licence from the Ministry of Information is punishable under Article 26 of Law No. 3 of 2006 concerning publications and publishing. - The case papers’ absencePenal Law · Source page ٣٥٩

  5. - جرائم النشر غير جائز فيها الصُلح أو العفو الفردي

    Principle 1319Freedom of thought and expression of opinion. A constitutional principle. Including the right to criticism and freedom of the press, printing and publishing. Prohibition is the exception. The exception may not efface thePenal Law · Source page ٣٦٠

  6. (القانون رقم ٦١ لسنة ٢٠٠٧ بشأن الإعلام المرئي والمسموع)

    Principle 1322The constitutional rule is to guarantee freedom of audiovisual broadcasting. Articles 36, 37 of the Constitution and 1, 11 of Law No. 6 of 2007 concerning Audiovisual Media. Restriction is the exception, and may not erasPenal Law · Source page ٣٦١
  7. Principle 1323Criminal intent in the offence of broadcasting a visual or audio programme liable to affect persons' dignity, provided for in 1, 2, 4, 11/10, 13/1 clause 2 of Law 61 of 2007 concerning Audiovisual Media. It exists if thePenal Law · Source page ٣٦١
  8. Principle 1324The objection that what was broadcast had previously been discussed on newspaper pages and in National Assembly sessions. Does not preclude criminal accountability. Reason therefor.Penal Law · Source page ٣٦٢
  9. Principle 1325Prohibition on broadcasting or rebroadcasting anything that would prejudice persons’ dignity or their private lives and religious beliefs. The reason therefor. Contravention thereof requires punishment of the channel’s gPenal Law · Source page ٣٦٢
  10. Principle 1326Reporting the broadcasting incident within three months is not required by analogy with the provisions of the Publications and Publishing Law. The chewing of that.Penal Law · Source page ٣٦٢
  11. Principle 1328The challenge alleging the unconstitutionality of Article 13 t 61 of 2007 concerning Audiovisual Media. Inadmissible. The basis thereof.Penal Law · Source page ٣٦٢
  12. Principle 1329Assessment of the media content broadcast as to whether or not it contains anything liable to infringe the dignity of persons. A matter of fact. Without review by the Court of Cassation. - 362 - Criminal LawPenal Law · Source page ٣٦٢
  13. Principle 1330Criminal intent in audiovisual broadcasting offences. Its existence. - The existence of criminal intent. Its effect: establishment of the perpetrator’s knowledge—the channel’s general manager, the preparer, presenter andPenal Law · Source page ٣٦٣
  14. Principle 1331Criminal intent is established in the offence of impairing dignity by broadcasting a television programme. Its effect: there is no scope for examining good faith. An exception to this: where the attack is directed at a pPenal Law · Source page ٣٦٣
  15. Principle 1332Prohibition on broadcasting or rebroadcasting anything liable to affront persons’ dignity, private lives or religious beliefs. Article 11 of Law 61 of 2007 concerning Audiovisual Media. The reason for this. - ResponsibilPenal Law · Source page ٣٦٣

  16. (القانون رقم ٩ لسنة ٢٠٠١ بشأن استعمال أجهزة الاتصالات الهاتفية)

    Principle 1336The challenged judgment’s acquittal of the respondents, on grounds not faulted by the prosecution, of the charge of assembling for the purpose of committing the offences it attributed to them. Its challenge alleging inadPenal Law · Source page ٣٦٤
  17. Principle 1337The offence of misuse of telephone communications devices or eavesdropping devices. Its forms. - Its being accompanied by threats or blackmail, or if it involves exploiting an image by any means to violate decency, impugPenal Law · Source page ٣٦٥

  18. (القانون رقم ٣ لسنة ١٩٨٣ في شأن الأحداث)

    Principle 1338The offences stipulated in Article 1 bis of Law No. 9 of 2001 concerning the Misuse of Telecommunications Devices Eavesdropping, added by Law No. 40 of 2007. Their import. - The penalty is aggravated if these acts are acPenal Law · Source page ٣٦٥
  19. Principle 1339The court's placement of the juvenile in a juvenile reformatory school for 3 months for committing the offense of intentionally causing permanent disability. The appellant's contention that the act committed was negligenPenal Law · Source page ٣٦٦
  20. Principle 1340The penalty for a juvenile who has not attained eighteen years of age. The law has not specified a minimum for it. Its maximum. Its cases. - The law has made young age a mitigating legal excuse and required the judge to Penal Law · Source page ٣٦٦
  21. Principle 1341The maximum limits of the punishment imposed on a juvenile who has not completed 18 years of age. Their nature. Article 20 of the Penal Code. - Young age is a statutory mitigating excuse. Its limit. - Example of the absePenal Law · Source page ٣٦٦
  22. Principle 1342A juvenile who has completed his fourteenth year but has not completed his eighteenth. The validity of punishing him with imprisonment for four years for the offence of beating resulting in death. The penalty does not exPenal Law · Source page ٣٦٦
  23. Principle 1343The penalty to be imposed on a juvenile who has attained 14 but has not completed 18 full years. Article 20, Penal Code. The penalty of reduction to the minimum. Article 62, Penal Code.Penal Law · Source page ٣٦٦
  24. Principle 1344A juvenile is a person who has not reached eighteen years of age. - If the accused's age is not ascertained, the trial judge shall estimate it. In doing so, he may seek assistance from whomever - 366 - Criminal Law he sePenal Law · Source page ٣٦٦
  25. Principle 1345Confidentiality of a juvenile’s trial. Its close connection to the public interest. The consequence of breaching it: nullity of the trial proceedings and nullity of the judgment, constituting nullity pertaining to publicPenal Law · Source page ٣٦٧
  26. Principle 1346A juvenile who has completed fifteen years of age. When he is referred to the competent court with the provisions of the Juveniles Law applied to him. His being accused of a felony together with others over eighteen yearPenal Law · Source page ٣٦٧
  27. Principle 1347Confidentiality is mandatory for juvenile court hearings, and attendance is prohibited to anyone other than the juvenile, his relatives, witnesses, lawyers, probation officers, and persons whom the court permits to attenPenal Law · Source page ٣٦٧
  28. Principle 1348A juvenile who has completed fifteen years of age but has not completed eighteen. Taking precautionary measures against him instead of sentencing him to the penalty for the offence of which he was convicted. DiscretionarPenal Law · Source page ٣٦٧
  29. Principle 1349Trial of a juvenile. Must be conducted in a closed session. Pronouncement of judgment must be in a public session. - Attendance of a probation officer at the juvenile's trial. Not required. His absence does not invalidatPenal Law · Source page ٣٦٧
  30. Principle 1350A juvenile who has completed fifteen years but has not attained eighteen. Ordering a precautionary measure against him instead of sentencing him to the punishment for the offence of which he was convicted is discretionarPenal Law · Source page ٣٦٨
  31. Principle 1351The accused's reaching 18 years of age before committing the crime. The judgment's imposition of judicial probation upon him as a juvenile. An error in applying the law requiring its cassation.Penal Law · Source page ٣٦٨
  32. Principle 1352The measure of placement in a juvenile care institution: the legislature has not specified a particular duration for it. Its termination upon the juvenile attaining the age of twenty-one. The Juvenile Prosecution may reqPenal Law · Source page ٣٦٨
  33. Principle 1354The penalty prescribed for a juvenile for crimes punishable by fixed-term imprisonment is imprisonment not exceeding half the statutory maximum. Its import. Young age is a statutory mitigating excuse enumerated exhaustivPenal Law · Source page ٣٦٨
  34. Principle 1355Conviction of the two juveniles with a single penalty for several offences, pursuant to the rules of connection. This penalty falls within the limits of the penalty legally prescribed for an offence regarding which no chPenal Law · Source page ٣٦٨
  35. Principle 1356Measures imposed on a juvenile accused may not be challenged by any means of appeal. The basis thereof. Article 36 of Law 3/1983 concerning Juveniles. - The judgment’s placement of the juvenile on judicial probation. ItsPenal Law · Source page ٣٦٩
  36. Principle 1357Filing notice of a challenge pursuant to a power of attorney issued by the convicted person's father despite the latter's full procedural capacity. Its effect. Its issuance by a person without standing.Penal Law · Source page ٣٦٩
  37. Principle 1358The court's adoption of the measures set out in paragraph H of Article One of Law 3/1983 concerning Juveniles. The cases for this. A juvenile's commission of an offence differing from one of the offences provided for in Penal Law · Source page ٣٦٩
  38. Principle 1359A juvenile is a person who has not attained eighteen years of age. The basis for this. Article 1 of Law 3 of 1983 concerning Juveniles. - The accused being over eighteen when committing the incident. Its effect. ApplicatPenal Law · Source page ٣٦٩
  39. Principle 1360Trying a juvenile in a non-public hearing is not among the exhaustively enumerated cases in Article 10 of Law 40 of 1972 concerning the cases and procedures for appeals in cassation that permit the Court of Cassation to Penal Law · Source page ٣٦٩
  40. Principle 1361Assessment of the penalty and grounds for leniency. Within the trial court's authority, without being bound in this by the probation officer's opinion. - The objection to the judgment for disregarding the social researchPenal Law · Source page ٣٦٩
  41. Principle 1362The trial of a juvenile. It must be conducted in a closed hearing. The judgment, however, shall be delivered in a public hearing. - 369 - Criminal Law - It being established that the judgment under appeal and the first-iPenal Law · Source page ٣٦٩
  42. Principle 1363Permissibility of appealing a judgment ordering placement in a social welfare home for the care of delinquent juveniles. Articles 6, 10 of the Juveniles Law. Reason therefor: it is not among the measures in respect of whPenal Law · Source page
  43. Principle 1364Assessment of the penalty and the grounds for leniency or their absence. Within the authority of the trial court. It is not bound in this respect by the probation officer's opinion. - The challenge to the judgment for diPenal Law · Source page
  44. Principle 1365Assessment of the suitability of measures to the juvenile’s condition and circumstances. A matter of fact. - The judgment’s imposition on the appellant—the juvenile—of a measure falling within the scope of measures prescPenal Law · Source page
  45. Principle 1366Trial of a juvenile. Must take place in a closed hearing. The reason for this. Hearing the case in a public hearing. Invalidates the trial proceedings and leads to the nullity of the judgment issued on the basis of thosePenal Law · Source page
  46. Principle 1370Procedures of the committees investigating ministers and other principals and accomplices pursuant to Law 88/1995 concerning the Trial of Ministers. How to lodge a grievance against them. Before the competent court afterPenal Law · Source page
  47. Principle 1373A death sentence: the reasoning required for its approval. Example. - The Court of Cassation’s authority to modify the death penalty. An example of substituting life imprisonment for death.Penal Law · Source page
  48. Principle 1374Prescribing the death penalty for killing without premeditation. Maintaining that this circumstance is absent. Of no avail.Penal Law · Source page
  49. Principle 1376The function of the Court of Cassation regarding judgments imposing the death penalty. Of a special nature requiring it to exercise its review over all elements of the judgment, substantive and formal. - 375 - Criminal LPenal Law · Source page
  50. Principle 1377The court may impose the death penalty for the offence of intentional killing devoid of any aggravating circumstance. The basis thereof. Article 149 of the Penal Code.Penal Law · Source page
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