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. العقوبة المبررة: "النعي على الجرائم الأخرى"

    Principle 1681The penalty imposed falls within the scope of the penalty prescribed for theft devoid of any aggravating circumstance. Its effect. Criticism that the theft did not occur at night. Ineffectual.Penal Law · Source page ٤٣٣
  2. Principle 1682Convicting the appellant with a single penalty for several offences. This penalty falling within the limits of the penalty legally prescribed for an offence concerning which no challenge was raised. The challenge concernPenal Law · Source page ٤٣٣
  3. Principle 1683The punishment imposed by the judgment falls within the range of the punishment prescribed for the offense without the aggravating circumstance. Its effect. Inadmissibility of the ground of challenge disputing the existePenal Law · Source page ٤٣٣
  4. Principle 1684The imprisonment imposed on the appellant for the offence of causing permanent disability falling within the limits of the penalty prescribed for the offence of causing grievous harm. The challenge alleging that the disaPenal Law · Source page ٤٣٣

  5. أثر العفو عن العقوبة

    Principle 1690Issuance by the Head of State of a pardon of the punishment before determination of the cassation appeal brought against the judgment imposing it. Its effect. The appeal may not be heard.Penal Law · Source page ٤٣٥
  6. Principle 1691Appeal by cassation against a judgment ordering suspension of execution of the penalty and exemption therefrom. Effect thereof. The appeal lapses upon the lapse of the judgment.Penal Law · Source page ٤٣٥
  7. Principle 1692The offence of theft not occurring between ascendants, descendants or spouses. Institution of criminal proceedings for it is not dependent on a complaint by the victim. Its consequence. It is not regarded as one of the oPenal Law · Source page ٤٣٥
  8. Principle 1693A person lacking awareness or freedom of choice. Absence of his intent to commit an offence requiring specific intent, whether he took the intoxicant knowingly or against his will. The appellant’s defence that he was uncPenal Law · Source page ٤٣٥
  9. Principle 1694Exemption from punishment of possessors of weapons and ammunition left over from the Iraqi invasion. Its condition. Surrendering them to the competent authority within the specified period. Law 12 of 1991.Penal Law · Source page ٤٣٥
  10. Principle 1695Issuance of an Amiri pardon of the penalty before determination of the appeal in cassation. Its effect. The appeal may not be heard. The reason for this. Pardon is an act of sovereignty which the judiciary has no power tPenal Law · Source page ٤٣٥

  11. أثر استئناف النيابة العامة على العقوبة

    Principle 1703When considering the Public Prosecution's appeal, the Court of Appeal may enhance the penalty imposed on the accused by the first-instance judgment, whether or not the latter appealed that judgment. - The condition for aPenal Law · Source page ٤٣٨
  12. Principle 1704The Public Prosecution’s appeal against the first-instance judgment. Permits the appellate court to increase the severity of the sentence.Penal Law · Source page ٤٣٨

  13. إجراءاتها ومباشرتها

    Principle 1705An appeal by the Public Prosecution. Its implication. The Court of Appeal may increase the punishment imposed by the first-instance judgment, whether or not the accused appealed. - Substantive argument concerning the appPenal Law · Source page ٤٣٨
  14. Principle 1706The civil claimant. His action is purely civil. It has no relationship to the criminal proceedings except its ancillary nature. The effect thereof.Penal Law · Source page ٤٤١
  15. Principle 1707Appeal by cassation. Confined to judgments issued by the High Court of Appeal in felony matters and civil actions ancillary thereto. Impermissibility of an appeal in a matter of the misdemeanour of defamation through pubPenal Law · Source page ٤٤١
  16. Principle 1708The civil action ancillary to the criminal action. The criminal court does not have recourse therein to the Code of Civil Procedure unless the Code of Criminal Procedure expressly so provides and where it lacks a provisiPenal Law · Source page ٤٤١
  17. Principle 1709Appeal against the judgment rendered in the ancillary civil action. Its scope. Determined by the claims submitted before the Court of Appeal, not by everything presented before the court of first instance. A challenge coPenal Law · Source page ٤٤١
  18. Principle 1710The ancillary nature of the civil action to the criminal action. Its consequence. It follows the latter’s rules concerning the conduct of trial, judgments and challenges thereto in respect of procedures and time limits. Penal Law · Source page ٤٤١
  19. Principle 1711Lodging an appeal by the lawyer of the civil claimant in his capacity pursuant to a power of attorney that does not include that capacity. Its effect. Formal inadmissibility of the appeal.Penal Law · Source page ٤٤٢
  20. Principle 1712The civil claimant’s failure to deposit the security prescribed by law and failure to obtain a decision exempting him therefrom. Its effect. Inadmissibility of the appeal. The basis for this. - Failure to constitute the Penal Law · Source page ٤٤٢
  21. Principle 1713Bringing an action for civil rights before the criminal court. Its criterion. - The jurisdiction of criminal courts to determine the civil action. Its condition. An example concerning the permissibility of an appeal by tPenal Law · Source page ٤٤٢
  22. Principle 1714The Criminal Court’s relinquishment of the civil action by referring it to the competent court. A ruling that does not terminate the litigation and does not prevent the action from proceeding. Effect thereof. The judgmenPenal Law · Source page ٤٤٢
  23. Principle 1715The civil claimant. Has no right to exercise the rights of the criminal action or address the characterization of the charge. The reason therefor. Example: the civil claimant’s raising that certain facts constitute the oPenal Law · Source page ٤٤٢
  24. Principle 1716The injured party may bring a civil claim in the opposition filed by the accused before the court of first instance. The appealed judgment’s contravention of this and its ruling that the civil claim is impermissible. An Penal Law · Source page ٤٤٢
  25. Principle 1717The civil-rights claimant has no power to exercise the rights pertaining to the criminal action or request amendment of the characterization of the charge. Example.Penal Law · Source page ٤٤٣
  26. Principle 1718Judgments issued in civil actions by criminal courts. They may be appealed whenever they would be appealable if issued by civil courts. Article 200 of Criminal Procedure and Trials. - Challenging judgments issued during Penal Law · Source page ٤٤٣
  27. Principle 1719A party to a criminal or civil action has the right to return to the court that omitted to determine all or some of his substantive claims for determination of what it omitted. - Appeal by cassation. Permissible only in Penal Law · Source page ٤٤٤
  28. Principle 1720The jurisdiction of the criminal court. The general rule is its restriction to hearing the offences brought before it. The exception. Its jurisdiction to hear the civil action arising from those offences. The condition fPenal Law · Source page ٤٤٤
  29. Principle 1721The acquittal of the defendant to the civil claim—which has acquired the force of res judicata—does not prevent the criminal court, when deciding the merits of the appeal in the ancillary civil action—after reversal or cPenal Law · Source page ٤٤٤
  30. Principle 1722The civil claimant may not exercise the rights of the criminal proceedings. His participation therein is in his capacity as a person injured by the offence that had occurred at the time of requesting compensation for thePenal Law · Source page ٤٤٤
  31. Principle 1723The general rule for civil actions is that they are brought before civil courts. The exception: bringing them before criminal courts where the civil claimant has suffered harm because of the criminal action. Article 111 Penal Law · Source page ٤٤٥
  32. Principle 1724The appellate court's rejection of the victim's claim for provisional civil compensation because it may not be made for the first time before it. Correct in law. The appellant's complaint in this respect involves no intePenal Law · Source page ٤٤٥
  33. Principle 1726Appeal by cassation by the convicted person and the civil claimant in publication offences. Permissible. The basis for this.Penal Law · Source page ٤٤٥
  34. Principle 1727Civil fault, if its existence is established. Its independence from criminal fault. The forum for claiming on its basis. The civil court. - 445 - PenalPenal Law · Source page ٤٤٥
  35. Principle 1728Failure of the civil claimant to challenge, before the competent court within the time limit, the Public Prosecution’s decision to discontinue the investigation into the offence under Article 44/4 of Law 35 of 1962 (concPenal Law · Source page ٤٤٦
  36. Principle 1729Appeal in cassation. Confined to judgments issued by the Court of Appeal in felony matters and ancillary civil actions, to the exclusion of those issued in misdemeanour matters and ancillary civil actions. - Appeal in caPenal Law · Source page ٤٤٦
  37. Principle 1730Statement of the nature of the damage warranting compensation for a publication offence. It suffices that the judgment establish the convicted person’s conviction for the act for which compensation was awarded.Penal Law · Source page ٤٤٦
  38. Principle 1732A civil action is inadmissible before the Juvenile Court. Article 38 of Law 3 of 1983 concerning Juveniles. The reason for this: so that civil matters do not distract the Juvenile Court from its social function. Trial ofPenal Law · Source page ٤٤٧
  39. Principle 1733Exclusion of criminal liability has no effect on the existence of civil liability arising from the consequential act committed by the accused. Unlike the case where a ground of justification exists, in which the act the Penal Law · Source page
  40. Principle 1734Bringing an action for civil rights before the criminal court. Its criterion. An example concerning the permissibility of an appeal by the civil claimant against the judgment dismissing his civil action.Penal Law · Source page
  41. Principle 1735Ascertaining the limits of the parts of the judgment actually appealed. Reference is to the petition of appeal. Supplementing it with matters outside it. Impermissible. - The challenged judgment's taking as the basis forPenal Law · Source page
  42. Principle 1736The rule is that civil-rights actions are brought before the civil courts. The exception is bringing them before the criminal court where they are ancillary to the criminal action and the right claimed arises directly frPenal Law · Source page
  43. Principle 1737Criticism alleging absence of the elements of the civil action, namely fault, damage and causation. Its lack of relevance or connection to the challenged judgment referring the civil action to the competent civil court. Penal Law · Source page
  44. Principle 1738The judgment rendered in criminal proceedings must determine the claims of the civil claimant. Articles 113 and 172 of the Criminal Procedure and Trials Law. - Omission to determine the civil claimant's claims. He may rePenal Law · Source page
  45. Principle 1741Damage capable of constituting a basis for claiming compensation before the criminal court. It must arise directly from the offense. Example.Penal Law · Source page
  46. Principle 1742There is no provision in the law requiring adherence to particular criteria or methods in assessing compensation. - Assessment of compensation for non-pecuniary harm: it suffices that it be in an amount that consoles thePenal Law · Source page
  47. Principle 1743Civil fault, if its existence is established. Its independence from criminal fault. The forum for claiming in respect thereof. The civil court. - The appellant’s ground of challenge concerning the court’s failure to awarPenal Law · Source page
  48. Principle 1744Assessment of compensation. Within the authority of the trial judge so long as the law does not require him to follow specific criteria or methods concerning it, and provided that his ruling rests on sound and reasonablePenal Law · Source page
  49. Principle 1745The court of first instance concluding that the offence was established against the appellant and referring the civil action - 449 - Penal to one of the competent civil circuits. His dispute concerning the existence of tPenal Law · Source page
  50. Principle 1746Compensation for bodily injury. Its determination by the Sharia diyah if the injury reaches a degree for which diyah or arsh may be payable. If it does not reach that degree. Its effect: compensation for it is assessed bPenal Law · Source page
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