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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Principle 114Mental illness and equivalent conditions that negate criminal liability. Their nature: anything that eliminates awareness or results in loss of the ability to direct the will generally. Failure to reach that degree. Is nPenal Law · Source page ٣٤- Principle 115Unconsciousness precluding liability. That arising from intoxicating or narcotic substances taken by the offender under compulsion or without his knowledge of them. Article 23 of the Penal Code. Its implication is that aPenal Law · Source page ٣٤
- Principle 116Unconsciousness precluding responsibility. Its nature: that arising from intoxicating or narcotic substances consumed by the offender under compulsion or without his knowledge of them. Article 23 of the Penal Code. The iPenal Law · Source page ٣٤
- Principle 117Unconsciousness precluding responsibility arising from intoxicating or narcotic substances taken by the perpetrator under compulsion or with knowledge of their nature. The accused's taking those substances voluntarily orPenal Law · Source page ٣٥
- Principle 118Unconsciousness precluding liability. Is that arising from intoxicating or narcotic substances consumed by the offender under compulsion or without his knowledge of them. Whoever consumes them voluntarily and with knowlePenal Law · Source page ٣٥
- Principle 119An intoxicated person's loss of consciousness or choice. He lacks the intent to commit an offence requiring specific intent, whether he consumed the intoxicating substance knowingly and willingly, under compulsion, or wiPenal Law · Source page ٣٥
الضرورة (الإكراه)
Principle 121Unconsciousness precluding liability. Its nature. - Voluntarily consuming an intoxicating or narcotic substance with knowledge of its true nature. Its effect: the perpetrator’s liability for offences committed under its Penal Law · Source page ٣٦- Principle 122The plea that the offence was committed under duress. A substantive defence that does not require an express response.Penal Law · Source page ٣٦
- Principle 123Duress that negates criminal liability. Its definition. That the offender committed his offense while deprived of freedom and choice as a result of a threat of harm to his person or property. Its condition. That the threPenal Law · Source page ٣٦
- Principle 124The state of necessity that extinguishes criminal liability. What establishes it. - The judgment’s failure to respond to a manifestly unfounded defence. Does not vitiate it. Example concerning the Iraqi occupation.Penal Law · Source page ٣٦
- Principle 125Assessment of whether coercion occurred. Within the authority of the trial court. Its condition. Example concerning impediments to liability.Penal Law · Source page ٣٦
- Principle 126Assessment of the existence or absence of duress leading to loss of freedom and choice and resulting in - 36 - Penal Law absence of criminal responsibility. The trial court alone determines it. The limit of this.Penal Law · Source page ٣٦
- Principle 127The state of necessity that extinguishes responsibility. Its condition: that the offence committed by the perpetrator be the sole means of averting the imminent danger facing him. Averting the danger of the victim marryiPenal Law · Source page ٣٧
- Principle 128The state of necessity that extinguishes criminal liability. Its nature. It is that which surrounds a person and drives him to the offence and the necessity of protecting himself or another from grave danger to person orPenal Law · Source page ٣٧
الغلط في الواقع
Principle 129Criminal liability. Its removal from the perpetrator at the time of committing the act. Its condition: that he lack perception because of mental illness or lack freedom of choice because he is under the influence of a thPenal Law · Source page ٣٧حق التأديب
Principle 130The plea of absence of liability because the accused labored under a mistake of fact. A matter of fact. It may not be invoked for the first time before the Court of Cassation. - 37 - Penal Law Second: Grounds of justificPenal Law · Source page ٣٧أ- شروط توافره
Principle 131The right of discipline as a ground of justification. It is unavailable to the accused so long as he is not among those whom the law has granted the right to discipline the female victim. The consequence thereof: the criPenal Law · Source page ٣٨- Principle 132The state of lawful defence. Arises when the danger threatening person or property is imminent and cannot be averted by timely recourse to the protection of the public authorities. The basis for this. Its import: it was Penal Law · Source page ٣٨
- Principle 133A state of lawful defence. When it arises. Article 33 of the Penal Code. - Lawful defence. Does not permit intentional homicide unless intended to repel an offence from which death or serious wounds are feared, where thePenal Law · Source page ٣٨
- Principle 134The right of lawful defence was not established for revenge but to repel an assault. An example of the absence of a state of lawful defence in an offence of intentional killing.Penal Law · Source page ٣٨
- Principle 135Assessment of the circumstances and requirements of lawful self-defence. A personal matter. Its criterion. The psychological state of the person who is surprised by an act of aggression, placing him in critical, delicatePenal Law · Source page ٣٨
- Principle 136Lawful defence was instituted to prevent an act of aggression against the person of the defender or another person, or its continuation, and was not instituted to punish the aggressor or for revenge. Example of sound reaPenal Law · Source page ٣٩
- Principle 137The appellant's initiating the assault on the victim without there being any danger threatening his person. Negates his defence that a state of lawful self-defence existed.Penal Law · Source page ٣٩
- Principle 138Determination of the facts from which the existence of a state of lawful self-defense is inferred. A matter of fact. Absence of imminent danger that threatens and requires defense to avert it. The finding that no state oPenal Law · Source page ٣٩
- Principle 140Proof of the existence of premeditation. Its necessary consequence. The absence of a state of lawful defense on the offender's part.Penal Law · Source page ٣٩
- Principle 142The state of lawful defence. When it arises. Its condition. The danger threatening person or property must be an imminent danger that can be averted only by recourse to the protection of public authorities. Example of itPenal Law · Source page ٣٩
- Principle 143Assessment of the facts from which the existence or absence of a state of lawful defense is inferred. A matter of fact. - The right of lawful defense was established only to repel an assault. It does not justify strikingPenal Law · Source page ٤٠
- Principle 144Exceeding the limits of the right of lawful defence. It is examined only after its existence has been established.Penal Law · Source page ٤٠
- Principle 145Establishment of the right of lawful defence. Its rationale. - The accused's going to the victims some time after the incident of assault upon him and initiating gunfire at them. Negates a state of lawful defence.Penal Law · Source page ٤٠
- Principle 146Assessment of the existence or absence of a state of lawful defence. A matter of fact. Its condition. - Lawful defence is the repelling of an assault to prevent the person perpetrating it from continuing it. Disarming thPenal Law · Source page ٤٠
ب- تقدير محكمة الموضوع لقيام الدفاع الشرعي
Principle 147The existence of an imminent danger threatening person or property that cannot be averted by timely recourse to the protection of public authority. Establishes a state of lawful defence whereby the act becomes permissiblPenal Law · Source page ٤٠- Principle 148Assessment of the facts from which the existence or absence of a state of lawful defence is inferred. For the trial court without review. Its condition.Penal Law · Source page ٤١
- Principle 149The court concluding that the existence of a danger threatening the appellant at the time he assaulted the victim by beating him was not established, thereby negating a state of lawful defence. Requires rejection of his Penal Law · Source page ٤١
- Principle 150Assessment of the existence or absence of lawful self-defence. A matter for the trial court. The reason and condition therefor. An example of reasonable reasoning for the absence of a situation of lawful self-defence.Penal Law · Source page ٤١
- Principle 151Assessment of the existence of a state of lawful defence. For the trial court, without review. Reason and condition thereof. Example of sound reasoning for the absence of a state of lawful defence. - Factual argument conPenal Law · Source page ٤١
- Principle 152Assessment of the existence of a state of lawful self-defence. A matter of fact. - A state of lawful self-defence. When it arises. - The trial court's authority to ascertain the account of the case which does not supportPenal Law · Source page ٤١
ج- الدفع بقيام حالة الدفاع الشرعي
Principle 153Assessment of the facts from which the existence or absence of a state of lawful self-defense is inferred. A matter of fact. - The accused's initiation of an assault upon the victim while the latter is unarmed does not cPenal Law · Source page ٤٢- Principle 155A defence written in a memorandum. Is a substitute for oral defence. - The plea of the existence of a state of lawful defence. A material defence. Requires the court to discuss and respond to it. The judgment’s contravenPenal Law · Source page ٤٢
طاعة المرؤوس لرئيسه
Principle 156A state of lawful self-defence. When it arises. - Ascertaining the account of the incident which supports the existence of a state of lawful self-defence. A matter for the trial court. - A manifestly invalid defence. ThePenal Law · Source page ٤٢- Principle 157For the author to be exempted from punishment, he must establish that he committed the act only after verification and deliberation and in the belief that it was lawful, and that his belief was based on reasonable groundPenal Law · Source page ٤٢
- Principle 159A subordinate's obedience to an order issued to him by his superior to commit an act criminalized by law. Impermissible. - 42 - PenalPenal Law · Source page ٤٢
- Principle 160The authority of office does not constitute coercion. Mere fear of it is not equivalent to coercion that invalidates a confession.Penal Law · Source page ٤٣
- Principle 161An act committed by a public official in the exercise of his competence. It is lawful if performed in execution of an order that the law requires him to obey.Penal Law · Source page ٤٣
- Principle 162Obedience to a superior under Article 37 of the Penal Code does not extend to committing offences. - A subordinate must not obey his superior’s order to commit an act punishable by law. The contention in this regard is aPenal Law · Source page ٤٣
إباحة الفعل
Principle 163Obedience to a superior referred to in Article 37 of the Penal Code does not extend to committing offences. - A subordinate must not obey his superior's order to commit an act punishable by law. A challenge in this regarPenal Law · Source page ٤٣ثالثاً: التعويض عن أسباب الإباحة وموانع المسئولية
Principle 164Exclusion of responsibility has no effect on the existence of civil liability arising from the criminalized act committed by the accused. Unlike grounds of justification. The reason: under them, the act committed by the Penal Law · Source page ٤٣رابعاً:- العذر القانوني المعفي من العقاب
Principle 165The permissible acts provided for in Articles 213, 214 of the Penal Code. Apply to the two offences of defamation and public insult provided for in Articles 209, 212 of that Code. - The appellants' challenge concerning oPenal Law · Source page ٤٣- Principle 166Payment of the value of a cheque before the due date. Does not negate the establishment of the offence so long as the drawer has not recovered the cheque. - Payment subsequent to the occurrence of the offence. Has no effPenal Law · Source page ٤٤
- Principle 167The legal excuse exempting from punishment perpetrators of the felonies of counterfeiting or forging banknotes criminalized under Articles 263, 264, 265 of the Penal Code. Its cases: their informing the authorities therePenal Law · Source page ٤٤
- Principle 168The offence of bringing counterfeit banknotes into the country with knowledge that they are counterfeit. The statutory excuse exempting from punishment set out in Article 267 of the Penal Code applies to it. The basis thPenal Law · Source page