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

Search this collection

  1. ثانياً: الترصد

    Principle 1501Assessment of the existence of the circumstances of premeditation and lying in wait. Within the discretion of the trial judge. Its condition. Example of sound reasoning establishing the circumstances of premeditation andPenal Law · Source page ٣٩٩
  2. Principle 1503Lying in wait. Its nature. Failure to identify the victim in advance or making the execution of the killing contingent on an event or condition. Does not preclude its establishment. Its assessment.Penal Law · Source page ٣٩٩

  3. رابعاً: الليل

    Principle 1507The judgment's reduction below the minimum penalty prescribed for the offence of theft at night by breaking in. It must be amended and the accused punished with the penalty prescribed by law.Penal Law · Source page ٤٠٠

  4. خامساً: السرقة بطريق الكسر

    Principle 1508The meaning of night as an aggravating circumstance for punishment. Fifth: Theft by breaking:-Penal Law · Source page ٤٠٠
  5. Principle 1509Theft from a car by breaking its window constitutes the aggravating circumstance provided for in Article 222/1, “Second,” of the Penal Code. - 400 - CriminalPenal Law · Source page ٤٠٠
  6. Principle 1510The perpetrator’s removal of the obstacles placed by the owner to bar the thief’s way through the container or secure enclosure containing the stolen thing. An aggravating circumstance in theft. The reason therefor. - ThPenal Law · Source page ٤٠١
  7. Principle 1511Assessment of the application of aggravating circumstances is within the authority of the trial court. Example concerning the theft of a car by breaking its window.Penal Law · Source page ٤٠١
  8. Principle 1512The aggravating circumstance provided for in Article 222/1 of the Penal Code exists whenever the stolen thing is secured by any means of safekeeping. Example concerning theft of a car telephone.Penal Law · Source page ٤٠١

  9. سادساً: طبيعة عمل الجاني وسلطته

    Principle 1513The offender’s removal of obstacles placed by the owner to bar the thief’s way through the container or secured enclosure holding the stolen item. An aggravating circumstance in theft. The reason for this. - A secured enPenal Law · Source page ٤٠١
  10. Principle 1514Aggravation of the offender’s punishment for the offence of keeping or possessing narcotic substances with intent to traffic if he is a public official or employee entrusted with combating narcotic substances and preparaPenal Law · Source page ٤٠١

  11. "تشديد العقوبة أو تخفيفها"

    Principle 1516Assessment of the grounds for leniency. A matter of fact. Not treating the appellant’s previous conviction for another offence as an aggravating circumstance. Criticism of the judgment regarding the penalty. Unfounded. 7Penal Law · Source page ٤٠٢
  12. Principle 1517The accused shall not be prejudiced by his appeal. This means: the Court of Appeal may not increase the penalty of an accused who alone appeals, without the Public Prosecution. Article 13, Criminal Procedure Law. ContravPenal Law · Source page ٤٠٢
  13. Principle 1518Assessment of the grounds for leniency. A matter for the trial court. The complaint that the court failed to consider grounds for mitigation of punishment. Inadmissible.Penal Law · Source page ٤٠٣
  14. Principle 1519Assessment of the penalty. A matter for the trial court. Its condition. Criticism of the judgment concerning the reasons it stated for aggravating the penalty. Inadmissible as long as it falls within the scope of the penPenal Law · Source page ٤٠٣
  15. Principle 1520Assessing grounds for leniency and severity. A matter for the trial court without review thereof. Example.Penal Law · Source page ٤٠٣
  16. Principle 1521Assessment of the penalty and the existence of grounds for leniency. Within the trial court's authority. It is not obliged to respond to a request for leniency. Challenging the penalty imposed within the limits of the apPenal Law · Source page ٤٠٣
  17. Principle 1523The Public Prosecution's appeal. Its effect: placing the entire case before the court of second instance. Its enhancement of the appellant's penalty. Correct.Penal Law · Source page ٤٠٤
  18. Principle 1524Assessment of the penalty. Its basis: the legal occurrence committed by the appellant, not the legal characterization conferred upon it by the court.Penal Law · Source page ٤٠٤
  19. Principle 1525Exercising leniency in assessing the penalty. The judge is not obliged to state his reason. Reason therefor.Penal Law · Source page ٤٠٤
  20. Principle 1526Assessment of the penalty within the limits prescribed by law. Within the unfettered discretion of the trial court. Criticizing the judgment with a view to reducing the penalty to its minimum. An inadmissible ground of cPenal Law · Source page ٤٠٤
  21. Principle 1527Assessment of the death penalty for intentional killing, even if not accompanied by a felony or misdemeanour, or if accompanied by premeditation: it suffices for the judgment to establish the existence of both to impose Penal Law · Source page ٤٠٤
  22. Principle 1528Assessment of the penalty. A matter for the trial court. Criticism of the judgment for imposing the maximum penalty. Factual argument that may not be raised before the Court of Cassation.Penal Law · Source page ٤٠٤
  23. Principle 1529The Public Prosecution's appeal against the judgment. Its effect. The Court of Appeal may increase the penalty even if the accused also appeals. - The rule that an appellant shall not be prejudiced by his appeal. The criPenal Law · Source page ٤٠٤
  24. Principle 1531Imposition of a single penalty falling within the limits of the penalty prescribed for the crimes of which the accused was convicted, after applying Article 83 of the Penal Code. The judgment's failure, when assessing thPenal Law · Source page ٤٠٥
  25. Principle 1532Reduction of the penalty. A discretion vested in the trial court. Criticizing its exercise thereof. Inadmissible.Penal Law · Source page ٤٠٥
  26. Principle 1533The mitigation provided for in the second paragraph of Article 20 of Law 91/1993 concerning the Protection of Public Funds. Discretionary for the court.Penal Law · Source page ٤٠٥
  27. Principle 1534Imposing the penalty within the limits of the provisions applicable to the 2 offences of which the judgment convicted the appellant. Within the trial court’s authority. - The court is not obliged to state in its judgmentPenal Law · Source page ٤٠٥
  28. Principle 1535Assessment of the penalty and application of aggravating or mitigating circumstances. Within the authority of the trial court. - The judge’s reduction of the penalty by one degree. No obligation to state the grounds and Penal Law · Source page ٤٠٥
  29. Principle 1536The judge has absolute discretion to determine the appropriate punishment and apply such circumstances as he considers appropriate. The condition for this.Penal Law · Source page ٤٠٥
  30. Principle 1537Determining the penalty lies within the authority of the trial court, within the limits legally prescribed for the offence established - 405 - Criminal Law before it. Stating its reasons for imposing the maximum penalty Penal Law · Source page ٤٠٥
  31. Principle 1538The challenged judgment’s modification of the penalty imposed at first instance on a sound legal basis. An objection thereto. Has no basis.Penal Law · Source page ٤٠٦
  32. Principle 1539Assessment of the grounds for leniency or their absence, determination of punishment, and application of aggravating and mitigating circumstances. Within the discretion of the trial court. Its condition. - The judge's exPenal Law · Source page ٤٠٦
  33. Principle 1541Assessment of the penalty for each accused. For the trial court. It is not obliged to state the reasons for imposing the penalty to the extent it deemed appropriate. - Challenging the appealed judgment for imposing a difPenal Law · Source page ٤٠٦

  34. شروط النزول بها والخطأ في توقيعها

    Principle 1542Assessment of the legally prescribed penalty and application of aggravating or mitigating circumstances. - Stating the reasons for which the court increased the penalty to the extent it considered appropriate. UnnecessarPenal Law · Source page ٤٠٦
  35. Principle 1544The judgment's reduction below one third of the maximum prescribed for the offence of theft by means of intoxication, criminalized under Article 221/1 of the Penal Code. An error in the application of the law. Requiring Penal Law · Source page ٤٠٧
  36. Principle 1546Circumstances warranting the exercise of leniency. Their effect on the penalty of fixed-term imprisonment. It may not be less than one-third of the maximum prescribed for the offence. The judgment’s application of mitigaPenal Law · Source page ٤٠٧
  37. Principle 1547Regarding the offences attributed to the accused as connected. Imposing the minimum penalty prescribed for the most serious offence. Its implication. The court could have imposed a lesser penalty than that imposed had itPenal Law · Source page ٤٠٧
  38. Principle 1548The judgment's adherence to the minimum penalty for the felony of forgery carrying the more severe penalty, indicating that it stopped at the limit of mitigation and might have reduced the penalty but for that statutory Penal Law · Source page ٤٠٧
  39. Principle 1549Punishing the appellant with a penalty below the minimum prescribed for the offense of which he was convicted. Failure of the Public Prosecution to appeal. The appellant may not be prejudiced by his appeal. The Court of Penal Law · Source page ٤٠٨
  40. Principle 1550The punishment for importing heroin with intent to traffic is death. Showing leniency to the accused. Its limits. Substitution of life imprisonment for this punishment, without the supplementary punishment. The judgment’Penal Law · Source page ٤٠٨
  41. Principle 1551The penalty for possessing heroin with intent to traffic. Death. Application of Article 83 of the Penal Code. The court may replace that penalty with life imprisonment. Basis thereof. Article 48 of the Penal Code. - The Penal Law · Source page ٤٠٨
  42. Principle 1552Exercise of leniency towards the accused, reduction of the penalty below one-third of its prescribed maximum, and omission to impose the prescribed fine. An error in the application of the law requiring partial cassationPenal Law · Source page
  43. Principle 1553The offence of issuing a cheque without funds. Its prescribed penalty. Article 237, Penal Code. - Imposing imprisonment for one year for the offence of a cheque without funds and going below the minimum prescribed for thPenal Law · Source page
  44. Principle 1555The offence of possession of narcotic substances with intent to traffic. A fine must be imposed together with imprisonment. - The judgment's omission to impose the fine prescribed for the offence of possession of a narcoPenal Law · Source page
  45. Principle 1556Reduction of the penalty of fixed-term imprisonment. Within the trial court’s authority. Its condition. It must not be less than one-third. Example concerning the offence of causing grievous harm.Penal Law · Source page
  46. Principle 1558Providing a narcotic substance without consideration in circumstances other than those authorized by law. Its penalty is imprisonment for not less than 5 years and not more than 10, and a fine of not less than 5,000 dinaPenal Law · Source page
  47. Principle 1560Complaint that the court did not amend the characterization of the charge from intentional killing to assault resulting in death. A dispute over the version adopted by the judgment and a factual argument concerning the tPenal Law · Source page
  48. Principle 1563The offence of possession of narcotics is among offences involving specific intents. The gradation of penalties according to each of those intents. The necessary consequence: the judgment must establish the accused's spePenal Law · Source page
  49. Principle 1564The judgment’s application of the provisions on connection between the 2 offences of requesting a gift and forgery, and imposition of the penalty for the first, more serious offence. Challenging the second offence. IneffPenal Law · Source page
  50. Principle 1565Conviction of the appellant of two offences, application of the provisions on connection between them, and imposition of a penalty within the range prescribed for the more serious offence, namely the first. A challenge tPenal Law · Source page
PreviousPage 27 of 31Next