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 collectionتقدير التعويض
Principle 1747Inference of damage warranting compensation and its extent, or its absence. A matter for the trial court. Condition thereof. - Assessment of compensation. A matter for the trial court. Condition thereof: that no provisioPenal Law · Source page ٤٥٠رفض التعويض
Principle 1748Ordering one accused alone to compensate for all damage arising from the offence even if he committed it with others. No legal impediment. - A court requested to award provisional compensation may award final compensatioPenal Law · Source page ٤٥٠- Principle 1749The civil action ancillary to the criminal action. Its subject matter: a judgment of acquittal necessitates denial of compensation.Penal Law · Source page ٤٥١
- Principle 1750Where a judgment dismisses the civil action, it is unnecessary to mention the appellant’s capacity as a civil claimant and the damage he suffered. Example.Penal Law · Source page ٤٥١
- Principle 1751Acquittal because the charge is not established. Necessitates dismissal of the claim for compensation. The reason for this: there is no basis for a compensation action for an act not established against the person to whoPenal Law · Source page ٤٥١
- Principle 1752The general rule is that the criminal court's jurisdiction is confined to hearing the offenses brought before it. Exception. Its jurisdiction to hear the civil action arising therefrom. The condition thereof: connection Penal Law · Source page ٤٥١
القضاء بعدم الاختصاص
Principle 1753The court’s acquittal for failure to establish the charge. Necessitates dismissal of the claim for compensation. The reason for this. 4- Ruling of lack of jurisdiction:-Penal Law · Source page ٤٥٢- Principle 1754The criminal court's conclusion that the act forming the subject of the claim for compensation does not constitute an offence. Its implication is its lack of jurisdiction to hear the civil action.Penal Law · Source page ٤٥٢
- Principle 1755Absence of the legal existence of the offence attributed to the appellant. Its effect. The criminal court must rule that it lacks jurisdiction to hear the civil action ancillary to the criminal action. Reason therefor.Penal Law · Source page ٤٥٢
- Principle 1756Bringing a civil action before the criminal court. Its condition. The claim for compensation forming its subject matter must arise from the offence forming the subject matter of the criminal proceedings. Absence thereof.Penal Law · Source page ٤٥٢
- Principle 1757Permitting a civil action to be brought before the criminal court. Its cases. Its ancillary character in relation to the criminal action whenever the right claimed arises from damage resulting from the offense in respectPenal Law · Source page ٤٥٢
- Principle 1758The court’s acquittal on the ground that the act attributed to the accused does not constitute an offense. Requires a ruling of lack of jurisdiction in the ancillary civil action. The appellate court’s reversal of the apPenal Law · Source page ٤٥٣
PreviousPage 31 of 31