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. - الامتناع عن النطق بالعقاب ليس عقوبة

    Principle 1622Deciding to refrain from punishment: the basis of its concept and when it is ordered. - Deciding to refrain from pronouncing punishment. Permissible for offences punishable by imprisonment as the most severe punishment. Penal Law · Source page ٤٢٣

  2. - الامتناع عن النطق بالعقاب "بوجه عام"

    Principle 1623Refraining from pronouncing punishment is not a judgment by the court imposing a penalty. It is a determination that the offender committed the offence attributed to him and that his guilt was established, and that it dePenal Law · Source page ٤٢٣
  3. Principle 1624The judge's authority to determine the penalty and give effect to the circumstances he considers aggravating or mitigating. An example of refraining from punishment.Penal Law · Source page ٤٢٣
  4. Principle 1626Refraining from pronouncing punishment. Permissible in every crime for which imprisonment is among the prescribed penalties, and only crimes for which a fine alone is prescribed as punishment fall outside its scope of apPenal Law · Source page ٤٢٤
  5. Principle 1627The circumstances justifying refraining from pronouncing punishment are the circumstances in which the offense was committed. The female victim’s waiver is not among those circumstances. The court’s reliance on that waivPenal Law · Source page ٤٢٤
  6. Principle 1628The beneficiary’s acknowledgment of his waiver of all his personal rights relating to the cheque and his undertaking not to claim any right relating to it in the future. Fulfilment of the conditions for refraining from pPenal Law · Source page ٤٢٤
  7. Principle 1629Abstention from pronouncing punishment. When permissible. - Validity of a judgment abstaining from pronouncing punishment. Its condition. That the court adhere to the considerations referred to in Article 81/1 of the PenPenal Law · Source page ٤٢٤
  8. Principle 1630Abstention from pronouncing punishment. Impermissible in respect of accessory and supplementary penalties. Its application is confined to principal penalties.Penal Law · Source page ٤٢٤
  9. Principle 1631Refraining from pronouncing punishment. Its criterion and purpose. The court must observe the limits of the justifications the limits of the justifications laid down by law for deciding it; its departure from these justiPenal Law · Source page ٤٢٤
  10. Principle 1632Refraining from pronouncing punishment. Within the trial court’s authority. On condition that it bases its judgment on sound reasons and adheres to the limits of the justifications and considerations laid down by law. ExPenal Law · Source page ٤٢٥
  11. Principle 1633Ancillary and complementary punishments, including a proportional fine. Refraining from pronouncing them. Impermissible. Refraining from pronouncing punishment is confined to principal punishments.Penal Law · Source page ٤٢٥
  12. Principle 1634Refraining from pronouncing punishment for the offence of issuing a cheque without funds. Its condition. Article 237 of the Penal Code. Ruling to refrain from pronouncing punishment for the offence of issuing cheques witPenal Law · Source page ٤٢٥
  13. Principle 1635Refraining from pronouncing punishment. Impermissible in respect of ancillary or supplementary penalties. Example concerning a customs fine and confiscation of alcoholic beverages.Penal Law · Source page ٤٢٥
  14. Principle 1637A decision to refrain from pronouncing punishment. Discretionary for the court. No fault attaches to it if it does not grant a request for such a ruling without stating reasons. - 425 - Criminal LawPenal Law · Source page ٤٢٥
  15. Principle 1638Impermissibility of applying the provision of Article 81 of the Penal Code to the penalty of removal from office. The basis and rationale thereof.Penal Law · Source page ٤٢٦
  16. Principle 1639Application of mitigating circumstances. Their effect is confined to principal punishments, not supplementary ones, including dismissal from office, restitution and the proportional fine provided for in Article 50 of LawPenal Law · Source page ٤٢٦
  17. Principle 1640Abstention from pronouncing punishment. The basis for deciding it. - The judgment’s lack of justifications for deciding to abstain from pronouncing punishment. Renders it defective for deficiency.Penal Law · Source page ٤٢٦
  18. Principle 1641Selling and circulating the narcotic heroin with intent to traffic. Ordering abstention from pronouncing punishment. Impermissible. The judgment’s contravention of this. Renders it defective and requires its cassation. TPenal Law · Source page ٤٢٦
  19. Principle 1642The court's decision to refrain from pronouncing punishment. Its condition. Observance of the limits of the justifications and considerations laid down by law, and basing its adjudication on reasons having an establishedPenal Law · Source page ٤٢٦
  20. Principle 1643Mitigating circumstances permitting the court to refrain from pronouncing punishment. They affect only principal penalties, not ancillary and supplementary penalties, including dismissal and a proportional fine. Example Penal Law · Source page ٤٢٦
  21. Principle 1644Deciding to refrain from pronouncing punishment. Its cases. The trial judge must adhere to them, and this must lead rationally and logically to the belief that the accused will not return to criminal conduct. - 426 - CriPenal Law · Source page ٤٢٦
  22. Principle 1645Assessing the existence of grounds for refraining from pronouncing punishment. Within the trial court's unfettered discretion. The limit thereof. - The judgment's ruling to refrain from pronouncing punishment upon the acPenal Law · Source page ٤٢٧
  23. Principle 1646Challenging the judgment on the basis of evidence not presented to the court. Impermissible. - The judgment's reliance, in justifying its decision to refrain from pronouncing punishment on the accused, on the case papersPenal Law · Source page ٤٢٧
  24. Principle 1647Deciding to refrain from pronouncing punishment. Permissible only in offenses requiring a sentence of imprisonment. Article 81/1 of the Penal Code. - The court’s decision to refrain from pronouncing punishment for the ofPenal Law · Source page ٤٢٧
  25. Principle 1649Assessment of whether justifications for refraining from pronouncing punishment exist or do not exist. For the trial court and beyond the review of the Court of Cassation. The limit thereof. - The considerations for refrPenal Law · Source page ٤٢٨
  26. Principle 1650A decision to abstain from pronouncing punishment when its conditions are met. Discretionary for the trial court. - The appellate court’s decision that the first accused deserves abstention from pronouncing his punishmenPenal Law · Source page ٤٢٨
  27. Principle 1651Deciding to abstain from pronouncing punishment for offences requiring imprisonment as the most severe penalty. Discretionary for the court. The offence of kidnapping by deception with intent to extort. Its penalty is dePenal Law · Source page ٤٢٨
  28. Principle 1652Deciding to refrain from punishment for offences requiring imprisonment. Discretionary for the court. - The court must require the accused to provide an undertaking with personal or real security, or without security, ifPenal Law · Source page ٤٢٨

  29. وقف تنفيذ العقوبة

    Principle 1653Determination to refrain from pronouncing punishment. A matter for the trial court. - The two offences of counting homicide with premeditation and lying in wait and kidnapping by force, threats and trickery with intent tPenal Law · Source page ٤٢٨
  30. Principle 1656Ordering suspension of execution of the penalty. Falls within the limits of the trial court's authority.Penal Law · Source page ٤٢٩
  31. Principle 1657Deciding to refrain from imposing punishment or ordering suspension of execution of the judgment. Within the authority of the court of merits.Penal Law · Source page ٤٢٩
  32. Principle 1660Challenge by cassation is confined to judgments rendered in felonies by the Court of Appeal, to the exclusion of other orders and decisions. Basis thereof: Article 8 of Law 40/72 concerning Cases of Appeal by Cassation. Penal Law · Source page ٤٢٩
  33. Principle 1661The order suspending execution of punishment is submitted without service. Its procedures. The court’s intention pursuant to its non-contentious authority and not a judgment. Its nature.Penal Law · Source page ٤٣٠

  34. أثر القانون الأصلح على العقوبة

    Principle 1663The Constitutional Court’s ruling that the provision of paragraph 6 of Article 17 of Decree-Law 13 of 1980 concerning Customs is unconstitutional. Its effect: removal of the criminal character of the act of constructive Penal Law · Source page ٤٣٠

  35. العقوبة المبررة: "النعي على الجرائم الأخرى"

    Principle 1665Establishment that the victim had not attained twenty-one years and that the judgment sentenced the appellant to imprisonment with labour for four years after applying Article 20 of the Penal Code. The objection allegingPenal Law · Source page ٤٣١
  36. Principle 1666Imposition of the punishment for the use of force against an official, connected with the offence of participation in purchasing alcoholic beverages with intent to trade. What is raised concerning the latter offence is oPenal Law · Source page ٤٣١
  37. Principle 1667The grounds of appeal concern the offence of complicity in forgery, not the offence of requesting a gift and exploiting alleged influence. The penalty imposed falls within the scope of the latter offence. Criticism concePenal Law · Source page ٤٣١
  38. Principle 1668Having sexual intercourse with a female who has not exceeded 15 years of age is punishable by life imprisonment. 187/1, Penal Code. Establishment that she exceeded that age and that Art. 188/1 applies to the incident, puPenal Law · Source page ٤٣١
  39. Principle 1669Connection between the offenses of forgery, breach of trust, fraud, and theft. The punishment for them falls within the limits prescribed for the third, concerning which no ground of challenge was raised. A ground of chaPenal Law · Source page ٤٣١
  40. Principle 1670Futility of the appeal in respect of the offense of arrest and torture where the judgment imposes a penalty falling within the range of the penalty for the connected kidnapping offense which the appellant was proven to hPenal Law · Source page ٤٣١
  41. Principle 1671The penalty falling within the range prescribed for indecent assault without any aggravating circumstance. An objection alleging absence of the circumstance of abuse of authority over the victim. Of no avail.Penal Law · Source page
  42. Principle 1672Imposition of a single penalty for the two offences of embezzlement of copies of a nationality certificate and forgery. This penalty falling within that prescribed for forgery. The ground of challenge concerning embezzlePenal Law · Source page
  43. Principle 1673Connection of the offence of forgery with theft. The penalty imposed falls within the scope of the penalty for the forgery which its commission. What is raised concerning theft. Serves no purpose.Penal Law · Source page
  44. Principle 1674The penalty imposed falling within the range of the penalty prescribed for the bribery offence of which the appellant was convicted. Challenging the judgment regarding its finding that the offence of forgery of official Penal Law · Source page
  45. Principle 1675Connection between the offense of kidnapping a female devoid of volition with the intent to indecently assault her and the offense of indecently assaulting her. The punishment imposed falls within the range of the punishPenal Law · Source page
  46. Principle 1676Connection of forgery with fraud. The imposed penalty falling within the range of the penalty for the forgery which the judgment established had been committed. What is raised concerning fraud. Of no avail.Penal Law · Source page
  47. Principle 1677The punishment imposed falling within the range of punishment prescribed for forgery of a private document. Its consequence is the absence of the appellant’s interest in his ground of challenge that the forgery was not iPenal Law · Source page
  48. Principle 1678The judgment’s imposition of the penalty for the more serious offence, namely endeavouring and communicating, which it established against the appellant. No purpose is served by what the appellant raises concerning the oPenal Law · Source page
  49. Principle 1679The penalty prescribed for possessing and holding narcotics with intent to use is imprisonment for a term not exceeding five years and a fine not exceeding five thousand dinars. Sentencing the appellant to imprisonment fPenal Law · Source page
  50. Principle 1680The judgment's reduction, after exercising leniency, below the minimum punishment for the offence of trafficking in narcotics, to a punishment falling within the limits prescribed for the offence of carrying a narcotic wPenal Law · Source page
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