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 collectionثالثاً: المصادرة
Principle 1441Ordering confiscation of the seized narcotic substances and implements. The basis thereof. Article 39 of Law 74/1983 concerning Combating Narcotics and Regulating Their Use and Trafficking Therein. Contravention thereof.Penal Law · Source page ٣٨٧- Principle 1442The first-instance judgment's use of the term confiscation as a supplementary penalty without qualification. Its import. Confiscation of everything seized, including the items referred to in its reasons contrary to fact.Penal Law · Source page ٣٨٧
- Principle 1443The appellant may not be prejudiced by his appeal. An example. - The judgment's error in not confiscating the seized narcotic and weapon does not preclude their administrative confiscation. The rationale thereof.Penal Law · Source page ٣٨٧
- Principle 1444The principal punishment prescribed for the most serious of indivisibly connected offences absorbs the principal punishments prescribed for the other offences. This does not extend to supplementary punishments. The effecPenal Law · Source page ٣٨٧
- Principle 1445Mitigating circumstances. In principle, their effect is restricted to principal penalties, not accessory and supplementary penalties. The implication thereof. It is impermissible to decide to refrain from pronouncing punPenal Law · Source page ٣٨٨
رابعاً: إبعاد الأجنبي عن البلاد
Principle 1446The challenged judgment’s omission to order mandatory confiscation pursuant to Article 78 of the Penal Code as required by public order. Even if it is an acquittal. Requires its cassation and an order for confiscation. -Penal Law · Source page ٣٨٨- Principle 1448The penalty of deporting a foreigner from Kuwait after serving the custodial sentence imposed on him for an offence involving dishonour or breach of trust. A mandatory penalty. Law 58/1986. - 388 - CriminalPenal Law · Source page ٣٨٨
- Principle 1449A foreign national sentenced to a felony penalty or a custodial penalty for an offence involving dishonour or breach of trust must be deported, and the judgment of conviction must expressly provide for deportation.Penal Law · Source page ٣٨٩
- Principle 1450Deportation of a foreigner after execution of the custodial penalty for an offence involving dishonour or dishonesty. A mandatory penalty. Article 79 of the Penal Code, as amended by Law 58/1986. Contravention thereof isPenal Law · Source page ٣٨٩
- Principle 1451Deportation from the country. A supplementary penalty. The condition for ordering it. That the convicted person be a foreigner sentenced to imprisonment.Penal Law · Source page ٣٨٩
- Principle 1452The scope of application of the penalty of deportation from the country pursuant to Article 28 of the Constitution and Article 79 of the Penal Code. Confined to foreigners. Applying this penalty to an accused of Kuwaiti Penal Law · Source page ٣٨٩
- Principle 1453Sentencing a foreign national to a felony punishment or a custodial punishment for an offence involving dishonour or breach of trust. His deportation from Kuwait must be ordered. What is relied upon to establish Kuwaiti Penal Law · Source page ٣٨٩
- Principle 1454An order suspending execution of the principal penalty precludes imposition of the penalty of deportation. The judgment’s adherence to this view. No defect. - 389 - CriminalPenal Law · Source page ٣٨٩
- Principle 1455Imposition of the penalty of deportation from the country is conditional upon execution of the principal penalty not being suspended. An example of a judgment that did not order deportation because execution of the princPenal Law · Source page ٣٩٠
- Principle 1456The Court of Appeal's omission to order deportation. An appeal in cassation brought by the convicted person alone. There is no basis for imposing this penalty upon cassation of the judgment. Reason therefor: an appellantPenal Law · Source page ٣٩٠
- Principle 1457Omission by the first-instance judgment, upheld on its grounds by the challenged judgment, to deport the foreign appellant sentenced to a felony penalty, and the Public Prosecution’s failure to appeal. Effect thereof. ThPenal Law · Source page ٣٩٠
- Principle 1458Sentencing a foreign national to a felony punishment or a custodial punishment for an offence involving dishonour or breach of trust. His deportation from the country after execution of the punishment must be ordered. ArPenal Law · Source page ٣٩٠
- Principle 1459The penalty of deportation. Its application is confined to foreigners. A Kuwaiti may not be deported from his country. Articles 28 of the Constitution and 79 of the Penal Code. - The challenged judgment’s order to deportPenal Law · Source page ٣٩٠
خامساً: تقديم تعهد
Principle 1460A foreigner sentenced to imprisonment for a felony. The judgment must provide for his deportation after serving the sentence. The judgment’s failure to do so. Renders it defective through error in applying the law and rePenal Law · Source page ٣٩٠سادساً: الإيداع إحدى المصحات العلاجية
Principle 1461Requiring the accused to submit an undertaking in which he commits to observing conditions as a sample and maintaining good conduct and behaviour when refraining from pronouncing punishment. Mandatory. Failure to do so. Penal Law · Source page ٣٩١- Principle 1463Imposing imprisonment or taking the therapeutic measure of committing the accused to a treatment facility where his addiction to the narcotic is established. Discretionary for the trial court.Penal Law · Source page ٣٩١
- Principle 1465Imposition of imprisonment or adoption of a therapeutic measure when the accused's addiction to narcotic substances is established. Within the trial court's unreviewable authority. Challenging the court's disregard of thPenal Law · Source page ٣٩١
- Principle 1466Ordering a person proven to be addicted to taking narcotics to be committed 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 cPenal Law · Source page ٣٩٢
- Principle 1467A judgment ordering the measure of placement in a treatment facility. May not be challenged by appeal or cassation. The condition for this. The judgment ordering it must accord with the provisions of the law, with addictPenal Law · Source page ٣٩٢
- Principle 1468Imposing imprisonment or adopting therapeutic measures where addiction is established by committal to a treatment institution provided for in Article 33/2 of Law 74 of 1983. - 392 - Criminal Discretionary for the trial cPenal Law · Source page ٣٩٢
سابعاً: عقوبة الرد
Principle 1470The perpetrators must be held jointly and severally liable to repay the amount in whose appropriation from the State they participated. Stipulating joint and several liability in the appellate judgment instead of obliginPenal Law · Source page ٣٩٣- Principle 1471Principal perpetrators and accomplices in the offence of unlawfully appropriating State property. All must be held jointly and severally liable for returning the goods appropriated.Penal Law · Source page ٣٩٣
- Principle 1472An order for restitution was not enacted for punishment or deterrence, but was intended to restore the situation to what it was before commission of the crime. Ordering it depends upon its basis, namely the property remaPenal Law · Source page ٣٩٣
العذر المعفي من العقوبة
Principle 1474Informing the authorities of felonies of counterfeiting or supplying currency before their completion or before the search for the perpetrators begins, or facilitating the arrest of the remaining perpetrators. An excuse Penal Law · Source page ٣٩٤- Principle 1475Informing the authorities of felonies of counterfeiting or forging banknotes. Exempting from punishment. Its condition. Invoking this exemption. The judgment’s disregard thereof and failure to respond thereto. Vitiates iPenal Law · Source page ٣٩٤
- Principle 1476Exemption from punishment because the offender lacked awareness and freedom of choice in his conduct at the time of committing the act. Its condition. The basis thereof. Article 225 of the Penal Code.Penal Law · Source page ٣٩٤
الظروف المخففة
Principle 1477The offence of bringing counterfeit banknotes into the country with knowledge of their counterfeit nature. The statutory excuse exempting from punishment under Article 67 of the Penal Code applies to it. The basis for thPenal Law · Source page ٣٩٤أولاً: كبر سن المتهم
Principle 1479Mitigating circumstances, as a rule, affect only principal penalties, not ancillary or supplementary penalties. Effect thereof: it is impermissible to decide to refrain from pronouncing punishment when grounds for mitigaPenal Law · Source page ٣٩٥ثانياً: صغر سن المتهم
Principle 1480The court’s stating in its reasons that execution of the penalty is suspended in consideration of the accused’s advanced age and surrounding circumstances, while its operative part omits that. Vitiates it by contradictioPenal Law · Source page ٣٩٥ثالثاً: الظروف الشخصية والصحية
Principle 1481Article 14 of Law No. 3 of 1983 concerning Juveniles. Its import. - Young age is among the mandatory statutory mitigating excuses. - A judge may not exceed the maximum term of imprisonment imposed on a juvenile. Example Penal Law · Source page ٣٩٥- Principle 1482Circumstances justifying abstention from pronouncing punishment. Some relate to the offence and others to the perpetrator personally. The personal and health circumstances stated in Article 81 of the Penal Code. They arePenal Law · Source page ٣٩٥
- Principle 1483Assessment of punishment and the existence or absence of grounds for leniency. Entrusted to the trial judge. The complaint faulting the judgment for failing to take account of the appellant’s personal circumstances. InadPenal Law · Source page ٣٩٦
خامساً: حُسن السلوك
Principle 1485Assessment of the grounds for leniency or their absence, assessment of the penalty, and application of aggravating and mitigating circumstances. Within the authority of the trial court. Its condition. - The judge’s exercPenal Law · Source page ٣٩٦- Principle 1486Abstention from pronouncing punishment for good conduct. Must encompass all principal penalties. The reason for this.Penal Law · Source page ٣٩٦
سادساً: الوفاء بقيمة الشيك
Principle 1487Assessment of whether grounds for refraining from pronouncing punishment exist or not. Taking into account the respondent’s age, her lack of prior convictions and that she will not return to crime. Within the authority oPenal Law · Source page ٣٩٦سابعاً: التنازل
Principle 1488Abstention from pronouncing punishment in cheque offences is conditional upon payment of a value. The victim’s withdrawal of his complaint because he obtained an acknowledgment from the accused of indebtedness for the vaPenal Law · Source page ٣٩٧- Principle 1489Assessment of the grounds for leniency. Within the unfettered discretion of the trial court. It may decide to abstain from pronouncing punishment. Example.Penal Law · Source page
- Principle 1490Waiver in respect of the offence. Is not among the circumstances in which it was committed that permit abstention from pronouncing punishment. Eighth: Provocation and anger at the time of committing the offence:-Penal Law · Source page
- Principle 1491Intent to kill. It is discerned from the circumstances surrounding the case and the signs and outward manifestations displayed by the offender. Inferring it. Within the trial judge's authority. Provocation or anger are ePenal Law · Source page
- Principle 1492States of agitation, provocation or anger are not, under the correct interpretation of the law, grounds excluding criminal liability. They constitute judicial mitigating excuses. Their assessment rests with the court. - Penal Law · Source page
- Principle 1493Assessment of whether grounds for leniency exist. Within the authority of the trial court. Reason therefor. The court’s absolute authority to assess the penalty and apply aggravating or mitigating circumstances. - DecidiPenal Law · Source page
- Principle 1494Assessment of the application of aggravating circumstances falls within the authority of the trial court. Example concerning theft of a car by breaking its window. First: Premeditation:-Penal Law · Source page
- Principle 1496Premeditation. Its nature. Its inference is within the authority of the trial court, provided it is reasonable.Penal Law · Source page
- Principle 1497The circumstance of premeditation is independent of intent to kill, and there is no connection between them. - 398 - PenalPenal Law · Source page
- Principle 1499The judgment’s establishment of planning for the offence through the existence of premeditation necessarily negates the grounds for lawful defence.Penal Law · Source page