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. أ- الإعدام

    Principle 1378The Court of Cassation may apply Article 83 of the Penal Code and replace the death penalty with life imprisonment or fixed-term imprisonment of not less than ten years.Penal Law · Source page ٣٧٦
  2. Principle 1380The function of the Court of Cassation regarding a judgment imposing death. Its nature and basis. - The court’s appointment of a lawyer to defend the convicted person and his confining his pleading to requesting acquittaPenal Law · Source page ٣٧٦
  3. Principle 1381Judgments imposing the death penalty. The Court of Cassation may, of its own motion, quash the judgment in any case of error in the application of the law or invalidity. In doing so, it is not bound by the limits of the Penal Law · Source page ٣٧٦
  4. Principle 1382The function of the Court of Cassation in relation to judgments imposing the death penalty. Its nature. It is not bound by the limits of the grounds of appeal or by the basis of the opinion with which the Public ProsecutPenal Law · Source page ٣٧٦
  5. Principle 1383The function of the Court of Cassation concerning judgments imposing death. - Modification of the death penalty. A right of the Court of Cassation when the case is submitted to it. Article 14 of Law 40 of 1972. Example. Penal Law · Source page ٣٧٦
  6. Principle 1384The court must base its judgment only on facts established in the case. It may not base its ruling on matters unsupported by the investigations. Contravention thereof. Invalidates its judgment. This is not affected by otPenal Law · Source page ٣٧٧
  7. Principle 1386The penalty of deporting a convicted foreign national is not prescribed alongside the death penalty and is incompatible with it by virtue of the nature of each. Reason therefor.Penal Law · Source page ٣٧٧
  8. Principle 1387Judgments imposing death. The right of the Court of Cassation to review the formal and substantive elements of the judgment. The implication thereof. Its quashing the judgment of its own motion in any case of error in apPenal Law · Source page ٣٧٧

  9. ب- الحبس

    Principle 1389A decision to refrain from pronouncing punishment. Conditional upon charges of crimes punishable by imprisonment, after guilt has been established. The crime of kidnapping punishable by death falls outside the scope of tPenal Law · Source page ٣٧٨
  10. Principle 1390The judgment’s statement in its reasons of its order suspending execution of imprisonment. The absence from its operative part of an order suspending execution. A contradiction requiring its partial cassation and correctPenal Law · Source page ٣٧٨
  11. Principle 1391Assessment of whether grounds exist for suspending execution of imprisonment not exceeding two years or a fine. A matter of fact. The judgment’s omission to state the reasons for suspension or mention the article governiPenal Law · Source page ٣٧٨
  12. Principle 1392The penalty for the offence criminalised by Article 191/1, 3 of the Penal Code, as amended by Law 62/1976, is imprisonment for a term not exceeding fifteen years. If the court considers the accused deserving of leniency.Penal Law · Source page ٣٧٨
  13. Principle 1393Going below one-third of the prescribed maximum term of imprisonment. An error in applying the law requiring cassation. An example. - 378 - CriminalPenal Law · Source page ٣٧٨
  14. Principle 1394The stipulation of a minimum term of fixed-term imprisonment. It must be observed whether it is less than one-third of the maximum prescribed for the offence or exceeds it. Example.Penal Law · Source page ٣٧٩
  15. Principle 1395It is impermissible to impose less than one-third of the maximum penalty. Going below that. An error. An example.Penal Law · Source page ٣٧٩
  16. Principle 1396Amending the penalty imposed by the court of first instance and reducing it below one-third of the prescribed maximum. An error in the application of the law. Example.Penal Law · Source page ٣٧٩
  17. Principle 1397The penalty of fixed-term imprisonment. It may not be less than one-third of the maximum prescribed for the offence when mitigating circumstances are applied. Contravention thereof is an error in the application of the lPenal Law · Source page ٣٧٩
  18. Principle 1398Mitigation of punishment pursuant to Article 83 of the Penal Code by substituting life imprisonment and fixed-term imprisonment for the death penalty. Applies to all offences. Except those excluded.Penal Law · Source page ٣٧٩
  19. Principle 1399The penalty of fixed-term imprisonment. May not be less than one third of the maximum prescribed for the offence. Article 83 of the Penal Code. Contravention of this. An error of law.Penal Law · Source page ٣٧٩
  20. Principle 1400Ordering suspension of execution of the penalty. Within the authority of the trial court where the penalty is a fine or imprisonment for a term not exceeding two years.Penal Law · Source page ٣٧٩

  21. عقوبة الغرامة

    Principle 1401Sentencing a foreigner to imprisonment for a felony or an offence involving dishonour or breach of trust. An order for his deportation after serving the imprisonment is mandatory. - 379 - Criminal 2- The penalty of a finPenal Law · Source page ٣٧٩
  22. Principle 1402Ancillary and supplementary penalties, including the proportional fine. Refraining from pronouncing them. Impermissible. Refraining from pronouncing punishment is confined to principal penalties.Penal Law · Source page ٣٨٠
  23. Principle 1403Refraining from pronouncing punishment. Impermissible in respect of ancillary or supplementary penalties. - Where there are multiple perpetrators. All principals and accomplices are jointly and severally liable for the pPenal Law · Source page ٣٨٠
  24. Principle 1405Mitigating circumstances affect only principal penalties, not accessory or supplementary penalties. Its import: refraining from pronouncing punishment applies only to the principal penalty. Example of an error in extendiPenal Law · Source page ٣٨٠
  25. Principle 1406The fine prescribed for the offence of custody of narcotic substances with intent for personal use. A principal penalty. It must be imposed together with imprisonment. Its omission. Vitiates the judgment by violation of Penal Law · Source page ٣٨٠
  26. Principle 1407Participants in the offence of embezzlement or appropriation. Jointly and severally liable for payment of the embezzled or appropriated amount and for payment of a fine equal thereto.Penal Law · Source page ٣٨٠
  27. Principle 1408Mitigating circumstances, in principle, affect only principal penalties, not accessory or supplementary penalties. The effect thereof. It is impermissible to decide to refrain from pronouncing punishment where grounds foPenal Law · Source page ٣٨٠
  28. Principle 1409Mitigating circumstances generally affect only principal penalties, not accessory or supplementary penalties, including dismissal, restitution and proportional fines. This means: abstention from pronouncing punishment isPenal Law · Source page ٣٨١
  29. Principle 1410Convicting the appellant of the offences attributed to him, applying Article 84 of the Penal Code and imposing the penalty for the most serious offence, for which the death penalty is prescribed, and reducing it to life Penal Law · Source page ٣٨١
  30. Principle 1411Imposing a custodial penalty without a fine for the offence of possession and physical possession of narcotic substances with intent to consume them. An error in the application of the law requiring its cassation. ExamplPenal Law · Source page ٣٨١
  31. Principle 1413Convicting the accused of the two offences of possessing narcotic substances with intent to traffic and smuggling them through customs, and imposing the penalty for the first charge as the more severe. The judgment’s omiPenal Law · Source page ٣٨١
  32. Principle 1414The judgment’s imposition of a customs fine on the appellant despite its ruling that the action for the offence of smuggling weapons and ammunition was inadmissible and acquitting him of the charge of smuggling alcoholicPenal Law · Source page ٣٨٢
  33. Principle 1415The fine for the crime of possession of narcotic substances for personal use. A principal penalty. Its import. It must be imposed together with imprisonment. - The judgment's finding that the respondent possessed 2 narcoPenal Law · Source page ٣٨٢
  34. Principle 1417The judgment’s substitution of fifteen years’ imprisonment and a fine for the death penalty for possession of narcotic substances, although, when treating the accused with leniency, it may only be replaced with life imprPenal Law · Source page ٣٨٢
  35. Principle 1418The Court of Cassation may quash and correct the judgment in the accused’s interest of its own motion if it appears to have been based on a violation of the law. - The judgment’s disclosure in its reasons that it appliedPenal Law · Source page ٣٨٢
  36. Principle 1419A defence for which the accused lacks support is a defence devoid of evidence. The judgment's disregarding it. Does not vitiate it. Example concerning a customs fine.Penal Law · Source page ٣٨٣
  37. Principle 1421Assessment of the harm resulting from the offence of embezzlement and imposition of a fine without dismissal from office. A matter of fact.Penal Law · Source page ٣٨٣

  38. أولاً: العزل

    Principle 1424Article 16 of Law 1 of 1993. Its import. - The judgment's imposition of a proportional fine. Its criterion: that the perpetrator embezzled or appropriated property, a benefit, or a profit. Its assessment: in the amount ePenal Law · Source page ٣٨٣
  39. Principle 1425The judgment's omission to impose the penalty of dismissal from office on the respondent for the offence of bribery pursuant to Article 70 of the Penal Code. An error in the application of the law requiring its partial cPenal Law · Source page ٣٨٤
  40. Principle 1426The challenged judgment’s omission to impose the mandatory penalty of dismissal pursuant to Article 70 of the Penal Code is an error of law. It must be corrected and dismissal from office ordered in addition to the impriPenal Law · Source page ٣٨٤
  41. Principle 1427Mitigating circumstances resulting in abstention from punishment. Their effect is confined to principal penalties, not accessory penalties. The penalty of dismissal from office provided for in Article 50 of Law 31/1970. Penal Law · Source page ٣٨٤
  42. Principle 1428The judgment’s imposition of permanent removal from office. No avail in its failure to impose temporary removal from office.Penal Law · Source page
  43. Principle 1429Mitigating circumstances, as a rule, affect only principal punishments, not ancillary or supplementary punishments, including removal from office, restitution and the proportional fine. The consequence thereof: refraininPenal Law · Source page
  44. Principle 1430The penalty of dismissal from office. The basis for imposing it: the employee’s commission of the offence while holding office and its being among the offences for which such a penalty may be imposed. The rationale for iPenal Law · Source page
  45. Principle 1433Dismissal from public offices. An accessory penalty necessarily imposed upon every public official sentenced to a felony penalty. Articles 66, 69, 71 of the Penal Code. The legislature did not provide within those articlPenal Law · Source page
  46. Principle 1434Mitigating circumstances. The rule is that they affect only principal penalties, not accessory or supplementary penalties, including dismissal from office and the proportional fine. The consequence. It is impermissible tPenal Law · Source page
  47. Principle 1435A decision to refrain from pronouncing punishment. Its effect: on principal penalties, not on supplementary penalties that must be imposed. - A condition for imposing a supplementary penalty is that the statutory provisiPenal Law · Source page
  48. Principle 1437The confiscation penalty prescribed by Article 2 of Law 16/1961 concerning Weapons and Ammunition. Specific in nature. It must be imposed even if the offence of carrying a firearm and ammunition is connected with other oPenal Law · Source page
  49. Principle 1438The appellate judgment's adoption of the reasons of the first-instance judgment concerning conviction, while amending the penalty by reducing it. Its failure to single it out in its reasons or operative part when upholdiPenal Law · Source page
  50. Principle 1439Confiscation. A supplementary penalty. The appellate judgment's addition of the penalty of confiscation, which the first-instance judgment did not impose on the appellant. An error in the application of the law.Penal Law · Source page
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