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. أثر الارتباط على العقوبة

    Principle 1566The judgment’s treatment of the offence of indecent assault by coercion as indivisibly connected with the offence of kidnapping by deception with intent to have sexual intercourse, and imposition of the penalty for the fPenal Law · Source page ٤١١
  2. Principle 1567Connection between offences. Article 84/1 of the Penal Code. Effect of a charge being independent in its elements and unconnected with others. Imposition of a penalty for it. Appeal by the convicted woman against the judPenal Law · Source page ٤١١
  3. Principle 1568Absence of a connection between the offence of importing alcoholic beverages and the offence of trafficking in narcotics. A penalty is imposed for each.Penal Law · Source page ٤١٢
  4. Principle 1570Conviction of the appellant with a single penalty for several offences pursuant to the rules of connection concerning this penalty within the limits of the penalty prescribed by law for an offence concerning which no criPenal Law · Source page ٤١٢
  5. Principle 1571The cheque offence being indivisibly connected with the two offences of complicity in forging a bank document and fraud. The judgment's application of Article 84 of the Penal Code and imposition of a single penalty falliPenal Law · Source page ٤١٢
  6. Principle 1572The indivisible connection between the offence of attempted theft accompanied by violence and the two offences of entering a dwelling with intent to commit an offence therein and impersonating a public official, and impoPenal Law · Source page ٤١٢
  7. Principle 1573Connection of the offense of kidnapping with other offenses, and the judgment’s imposition of the penalty for kidnapping as the penalty for the most serious offense. No benefit from challenging one of the other offenses.Penal Law · Source page ٤١٢
  8. Principle 1574The judgment’s treating the offences charged against the appellant as connected and imposing a single punishment for them falling within the punishment for the most serious offence, namely delivering means of transport tPenal Law · Source page ٤١٣
  9. Principle 1576Assessment of the existence of the connection provided for in Article 84 of the Penal Code. Within the authority of the trial court. Example.Penal Law · Source page ٤١٣
  10. Principle 1577The court of first instance sentencing the appellant to the penalty prescribed for the more serious offence owing to connectedness. The appellate judgment’s addition of the fine prescribed for the two offences carrying tPenal Law · Source page ٤١٣
  11. Principle 1578The indivisible connection between offences. Its implication. Sentencing the accused to the punishment for the most serious offence. Contravention of this. Its effect. - The Court of Cassation may correct the judgment prPenal Law · Source page ٤١٣
  12. Principle 1579Connection of the offence of possessing a narcotic with intent to traffic with the offence of possessing it with it against consumption. The judgment’s application of Article No. 8 of the Penal Code and imposition of a sPenal Law · Source page ٤١٣
  13. Principle 1580The judgment's finding that the two offences attributed to the appellant are connected and imposition of the penalty for the more serious offence. Challenging the other offence. Ineffectual. - The offence of theft not ocPenal Law · Source page ٤١٤
  14. Principle 1581Commission of two connected offences. Imposition. The judgment of the penalty for the more serious offence, within the legally prescribed penalty and above its minimum. The ground of challenge to the judgment in this resPenal Law · Source page ٤١٤
  15. Principle 1582Offenses inseparably connected. The penalty for the most serious offense must be imposed. - Establishment of connection. Its criterion. - Assessment of connection. Within the authority of the trial court. Its condition. Penal Law · Source page ٤١٤
  16. Principle 1583Challenging a misdemeanour inseparably connected with a felony. Its occasion. - Assessment of the existence of a connection between offences. Within the authority of the trial court. Its condition. - The judgment’s settiPenal Law · Source page ٤١٤
  17. Principle 1584Commission of several offences for a single purpose, inseparably connected with one another. Its consequence. The obligation to impose the punishment prescribed for the most serious of them, or for one of them if they caPenal Law · Source page ٤١٥
  18. Principle 1585A person’s commission of a series of indivisibly connected offences for a single purpose. Its effect. Sentencing him to the penalty prescribed for the most serious of them. Or for one of them if their penalties are identPenal Law · Source page ٤١٥
  19. Principle 1586The appellant’s objection to the judgment concerning the offence of holding narcotics with intent to use. Unavailing where it convicted him of holding narcotics with intent to traffic and imposed the penalty for the lattPenal Law · Source page ٤١٥
  20. Principle 1587The judgment's treatment of the offences of resisting judicial police officers with force and violence, possession of narcotic substances with intent to use, and carrying a firearm and ammunition without a licence, of whPenal Law · Source page ٤١٦
  21. Principle 1589Assessment of the existence of connection. A matter for the trial court. - Inconsistency between the facts of the case as stated in the judgment and its conclusion that connection exists. An error of law in characterisinPenal Law · Source page ٤١٦
  22. Principle 1590Connection between offences. The condition for its existence. Unity of purpose and indivisibility. Article 84 of the Penal Code. - What is meant by unity of purpose. Their arising from a single motive and the unity of thPenal Law · Source page ٤١٦
  23. Principle 1591The 2 crimes of which the accused was convicted forming a single criminal enterprise and being linked in a manner that does not - 416 - Criminal admit of division. The judgment's imposition upon him of the penalty for thPenal Law · Source page ٤١٦
  24. Principle 1592The judgment’s treatment of the offenses of which it convicted the appellant as inseparably connected, and its imposition upon him of a single penalty for them falling within the limits of the penalty prescribed for the Penal Law · Source page ٤١٧
  25. Principle 1593Challenge concerning the court’s amendment of the characterization of the charge by excluding the circumstance of causing injuries to the victim. Ineffectual. So long as the penalty imposed by the judgment falls within tPenal Law · Source page ٤١٧
  26. Principle 1595Offences inseparably connected and committed for a single purpose. Their perpetrator is punished with the punishment prescribed for the most serious of them. Article 84 of the Penal Code. - The Unified Customs Law’s presPenal Law · Source page ٤١٧
  27. Principle 1596Convicting the appellant of two offenses arising from a single act requires application of the rules of connection and sentencing - 417 - Criminal for the offense carrying the more severe penalty. - The two connected offPenal Law · Source page ٤١٧

  28. أثر العود على العقوبة

    Principle 1597The challenged judgment’s finding the appellant guilty of the two offences of bribery and forgery, finding them inseparably connected, and deciding to refrain from pronouncing punishment upon her after finding its groundPenal Law · Source page ٤١٨
  29. Principle 1598Aggravation of the penalty for a recidivist accused. Discretionary for the court. Its adherence, when treating him with leniency, to one-third of the maximum penalty originally prescribed for an offence devoid of the aggPenal Law · Source page ٤١٨
  30. Principle 1599The offence of possessing alcohol with intent to trade in a case of recidivism. Punishing its perpetrator with a felony penalty or a misdemeanour penalty. A matter within the trial judge’s discretion. Its classification Penal Law · Source page ٤١٨

  31. تعدد العقوبات

    Principle 1601The general rule is that punishments multiply with the multiplicity of offences. Exceptions are what a law provides and what the nature of things dictates. Example: the inconceivability of cumulating a life punishment anPenal Law · Source page ٤١٩
  32. Principle 1602A person’s commission of a number of offences for a single purpose, indivisibly connected with one another. Its effect. No penalty other than that prescribed for the most serious of them may be imposed. Basis thereof. ArPenal Law · Source page ٤١٩
  33. Principle 1603Connection. Its nature. Article 84 of the Penal Code. Similar incidents. What is required to establish unity of purpose therein. The difference in the right involved in each incident and its independence. Effect: absencePenal Law · Source page ٤١٩

  34. جب العقوبة

    Principle 1604Offences consisting of similar acts in execution of a single criminal activity. Unity of purpose requires identity of the right infringed. A difference in the right. Connection is not established thereby. Consequence: muPenal Law · Source page ٤١٩
  35. Principle 1605Absorption by the principal penalty for the most serious of indivisibly connected offences of the principal penalties prescribed for the other offences. It does not extend to supplementary penalties, civil compensation, Penal Law · Source page ٤٢٠
  36. Principle 1606The principal penalty prescribed for the most serious of indivisibly connected offences. It absorbs the principal penalties but not the supplementary penalties. The rationale therefor.Penal Law · Source page ٤٢٠
  37. Principle 1608The principal penalty prescribed for the most serious of inseparably connected offences absorbs the principal penalties prescribed for the other offences. This does not extend to supplementary penalties. The effect of thPenal Law · Source page ٤٢٠
  38. Principle 1609The principal punishment prescribed for the most serious of indivisibly connected offences. It subsumes the principal punishments prescribed for the other offences, but not punishments embodying the concept of restoring Penal Law · Source page ٤٢٠

  39. تداخل العقوبة

    Principle 1610The penalty prescribed for the two felonies of possessing a narcotic substance and another psychotropic substance absorbs the principal penalty for the offence of driving a motor vehicle under the influence of narcotic sPenal Law · Source page ٤٢١
  40. Principle 1611Imposing on the appellant a penalty falling within the range of the penalty for indecent assault without any aggravating circumstance. The challenge alleging the absence of the aggravating circumstance in the offence of Penal Law · Source page ٤٢١
  41. Principle 1612The appellant's contention that what he committed constitutes the crime of possession of alcoholic beverages with intent to trade because the intent to import was absent. Ineffectual so long as the penalty imposed on himPenal Law · Source page
  42. Principle 1613Ordering that the execution of a punishment imposed for one offence overlap with the execution of a punishment imposed for another offence. The ground of challenge concerning the judgment for the first offence. IneffectuPenal Law · Source page
  43. Principle 1614An order for execution of a penalty to run concurrently with execution of another penalty. Discretionary for the court. - 421 - CriminalPenal Law · Source page
  44. Principle 1615The judgment’s order that execution of the penalty imposed upon the appellant for the offences under challenge overlap with execution of the penalty imposed upon him by a final judgment for other offences. This necessariPenal Law · Source page
  45. Principle 1616An order that execution of the punishment for certain offences overlap with execution of the punishment imposed for other offences. Its necessary consequence. Only the punishment for the latter offences will be executed Penal Law · Source page
  46. Principle 1617The penalty imposed on the appellant for what was attributed to him falls within the scope of the penalty prescribed for the offence of possessing a narcotic without any of the intents. Absence of the appellant’s interesPenal Law · Source page
  47. Principle 1618The court's amendment of the characterization of the charge from importing alcoholic beverages with intent to trade to possession with intent to trade, and its order that execution of the imprisonment sentence imposed foPenal Law · Source page
  48. Principle 1619Overlap of the execution of the punishment imposed on the appellant for one charge with the execution of a punishment imposed on him for another charge established against him. Its consequence. Futility of the ground of Penal Law · Source page
  49. Principle 1620Execution of the imprisonment imposed upon the appellant on the first and third counts concurrently with execution of the imprisonment imposed upon him on the second count. Criticism of the judgment concerning its rulingPenal Law · Source page
  50. Principle 1621Imposition of a single penalty for the two offences of forging an official document and attempted forgery - 422 - Penal owing to their connectedness. This penalty falling within the range prescribed for the latter offencPenal Law · Source page
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