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 collectionرابعاً:- العذر القانوني المعفي من العقاب
Principle 169Restitution of the sums appropriated through the offence of appropriation of public funds. Does not exempt from punishment or negate its commission.Penal Law · Source page ٤٤- Principle 170The appellant's complaint against the challenged judgment for not exempting him from punishment—reporting the perpetrators—based on Article 21 of Law 1 of 1993. Inadmissible. The reason: it is discretionary for the courtPenal Law · Source page ٤٤
- Principle 171Exemption from the punishment prescribed for the offence of kidnapping a female. Its prerequisite: the kidnapper's lawful marriage to the kidnapped female with her guardian's permission and the latter's request that the Penal Law · Source page ٤٥
- Principle 172Exemption from punishment is prescribed for the perpetrator's benefit and is not a justification of the act or an erasure of criminal responsibility. - The effect of the excuse exempting from punishment is to relieve thePenal Law · Source page ٤٥
خامساً- المسئولية المفترضة
Principle 173Exemption from the punishment prescribed for the offence criminalized under Articles 6, 7 of Law No. 35 of 2002 concerning combating money-laundering operations. For the offender who proves that he took the initiative toPenal Law · Source page ٤٥- Principle 174The necessity of caution in interpreting penal laws. The clear wording of the provision is a faithful expression of the will of the project. It may not be departed from through interpretation or construction. - A person Penal Law · Source page ٤٥
سادساً- المسئولية عن النتائج المحتمل حدوثها
Principle 175Criminal intent in the offence of infringing persons' dignity, criminalised under Article 21/7 of Law 3 of 2006 concerning Printing and Publication. Its existence. - The publisher's knowledge. Presumed upon the existencePenal Law · Source page ٤٦- Principle 176The accused's responsibility for all consequences likely to occur as a result of his criminal conduct. The condition therefor. Proof that the victim deliberately aggravated the responsibility negates the causal link.Penal Law · Source page ٤٦
- Principle 177The offender in the offence of beating, wounding or causing harm. Is liable for all consequences likely to occur as a result of his criminal conduct, even if indirect. - The appellant’s pushing the victim forcefully, cauPenal Law · Source page ٤٦
- بوجه عام
Principle 178Holding the offender responsible for the victim's death even if his act is not the direct cause or the sole cause. If the victim suffers from an illness or injury capable of leading to - 46 - Penal Law death and the offePenal Law · Source page ٤٦- Principle 179The judgment's separate discussion of criminal intent or other elements of the offence. Unnecessary. Provided that it sets out facts indicating its existence.Penal Law · Source page ٤٨
- Principle 180The trial court’s right to infer the presence or absence of criminal intent. The condition for this.Penal Law · Source page ٤٨
- Principle 181The judgment’s separate discussion of criminal intent. Not required. It suffices that the facts and circumstances set out in the judgment are sufficient to indicate its existence.Penal Law · Source page ٤٨
- Principle 183Assessment of the presence or absence of criminal intent and the presence or absence of coercion negating the will. A factual matter determined by the trial court.Penal Law · Source page ٤٨
- Principle 184Taking an intoxicating or narcotic substance voluntarily and with knowledge of its true nature. Its effect. The existence of criminal intent in offences involving general intent and, consequently, the perpetrator's liabiPenal Law · Source page ٤٨
- Principle 185The judgment’s failure to address expressly and separately the element of criminal intent or other elements of the offence. Does not undermine it, so long as it sets out in its text facts indicating it. - 48 - Penal Law Penal Law · Source page ٤٨
- Principle 186Offences for which the law requires specific criminal intent. Reliance on legal considerations and presumptions is insufficient to establish it. The court must ascertain its existence from the case papers.Penal Law · Source page ٤٩
- القصد الجنائي في المساهمة الجزائية
Principle 187Voluntary consumption of an intoxicating or narcotic substance with knowledge of its true nature. Its effect: the perpetrator's liability for offences committed under its influence for which the law does not require specPenal Law · Source page ٤٩- Principle 188The criterion for having the status of a perpetrator together with another in an offense consisting of several acts. Common intent. Article 47 of the Penal Code.Penal Law · Source page ٤٩
- Principle 189A principal perpetrator together with another. A person who has the intent to contribute or the intention to intervene, sharing the intent of his co-perpetrator therein. What suffices in this regard.Penal Law · Source page ٤٩
- Principle 190A joint principal perpetrator is anyone who has the intent to contribute to or intervene in an offence composed of several acts, even if the offence is not completed by his act alone. - Agreement to commit an offence is Penal Law · Source page ٤٩
- Principle 191Inferring participation in the offence and the existence or absence of criminal intent falls within the authority of - 49 - Penal Law the trial court, provided it is sound.Penal Law · Source page ٤٩
- Principle 192An offence consisting of several acts. Anyone having the intent to contribute to it or the intention to intervene in it. Is considered a principal perpetrator with others, provided that the offence occurred as a result oPenal Law · Source page ٥٠
- الباعث
Principle 193An offence consisting of several acts, whether by its nature or pursuant to the plan for its execution. Its effect: anyone possessing the intent to contribute or the intention to intervene in it is considered a principalPenal Law · Source page ٥٠- Principle 194The motive for committing the offence. It is not one of its elements. Forgery of an official instrument occurs even if no harm is caused to a particular person.Penal Law · Source page ٥٠
- Principle 195The formation of intent to kill following a momentary altercation. Possible. - The motive for the offense. Not an element thereof.Penal Law · Source page ٥٠
- Principle 197The offense of forgery of an official document. When it is established. Its motive is not an element thereof. Its proof. The legislature has prescribed no particular method for it. Reliance on the absence of an interest Penal Law · Source page ٥١
- Principle 198Alteration of the photocopy of the genuine original residence entry in a passport, making it resemble the true photocopy of the genuine original residence entry issued by the competent public official and assume its formPenal Law · Source page ٥١
- Principle 199Connection between offences. Its effect on punishment. Its two conditions. Unity of purpose through pursuit of a single objective, with the offences arising from a single motive, and indivisibility.Penal Law · Source page ٥١
- Principle 200The reasons that prompted the issuance or endorsement of the cheque. Have no effect on the establishment of liability. The reason for that.Penal Law · Source page ٥١
- Principle 201The offense of issuing a check without funds. When it is constituted. - Bad faith in the offense of issuing a check without funds. The drawer's knowledge that there are no funds for the check suffices to establish it. SuPenal Law · Source page ٥١
- Principle 202The motive for the offense is immaterial. The ground of challenge that the cartridges were possessed for ornamentation. Inadmissible. - 51 - PenalPenal Law · Source page ٥١
- Principle 203Bank papers are private documents. How the offence of forgery thereof is established. Motive is immaterial. Actual occurrence of harm. Unnecessary for its establishment. The possibility of its occurrence at the time the Penal Law · Source page ٥٢
- Principle 204What suffices to establish the offence of holding or possessing a firearm without a licence and the criminal intent therein. - The motive for committing the offence is immaterial.Penal Law · Source page ٥٢
- القصد الاحتمالي
Principle 205The material element of the offence of assaulting a public official, criminalised under Article 135 of the Penal Code, is the same as that of the felony of using force, violence or threats against him to procure an unlawPenal Law · Source page ٥٢- الجهل بالنص والتفسير الخاطئ لا يعد مانعاً من توافر القصد الجنائي
Principle 206The perpetrator is not to be held responsible for the probable consequence of his act unless it was preceded by a direct consequence punishable by law. - 52 - Penal Law - Ignorance of the provision and erroneous interprePenal Law · Source page ٥٢- بوجه عام
Principle 209Ignorance of the provision establishing the offence and erroneous interpretation of the provision do not preclude the existence of criminal intent unless the law provides otherwise. Article 42 of the Penal Code. Article Penal Law · Source page ٥٣- Principle 210The judgment's finding that the acts committed by the respondent do not constitute commencement of execution of the two offences of attempted intercourse or indecent assault. The judgment's failure to address negation ofPenal Law · Source page ٥٤
- Principle 211The judgment's finding that the respondent's acts do not constitute commencement of execution of the material element of attempt in the two offenses of attempted sexual intercourse and indecent assault. Its conclusion, oPenal Law · Source page ٥٤
- Principle 212Merely contemplating the commission of an offense, resolving to do so, or preparing preparatory acts for its commission. It does not constitute an attempt. Accordingly, it is not punishable. The nature of attempt.Penal Law · Source page ٥٤
- Principle 213The correctness of characterising the acts as not having reached the commencement of execution constituting an attempt. Challenging the judgment’s discussion of the offence being impossible. Of no avail. Example concerniPenal Law · Source page ٥٤
- Principle 214An attempt to commit an offence is established by commencing the execution of an act immediately preceding the execution of the material element of the offence and inevitably leading to it, such that what the offender unPenal Law · Source page ٥٤
- Principle 215An attempt to commit an offense is constituted by commencing execution of an act immediately preceding execution of the material element of the offense. Inevitably leading to it. - Criminal intent in the offense of attemPenal Law · Source page ٥٥
- Principle 217The offense of indecent assault. Its nature. Its material element: the commission of an act contrary to decency directly upon the victim's body. - Attempted indecent assault. The criterion for its establishment. Example:Penal Law · Source page ٥٥
- Principle 218Attempt to commit an offense. The criterion for its establishment. - The judgment's acquittal on the charge of attempted appropriation of the bank's funds for absence of its elements, followed by its statement, in the coPenal Law · Source page ٥٥
- Principle 219A person deprived of consciousness or volition. Absence of his intent to commit an offence requiring specific intent, whether - 55 - Penal Law he took the intoxicant knowingly or involuntarily. The appellant's defence thPenal Law · Source page ٥٥
- Principle 220Assessing the reasons for which the offence was not completed. Within the authority of the trial court.Penal Law · Source page ٥٦
- Principle 221An attempt to commit an offence. Established by commencing the execution of an act immediately preceding the execution of its material element and inevitably leading to it, and by that act being the first step towards coPenal Law · Source page ٥٦
- Principle 222Attempt to commit an offence. Is established by commencing execution of an act immediately preceding the execution of the material element of the offence and inevitably leading to it. Art. 45 of the Penal Code. AssessmenPenal Law · Source page ٥٦
- Principle 223Attempt to commit an offence. Established by commencing execution of an act immediately preceding execution of the material element of the offence and inevitably leading to it. - The judgment’s considering that the acts Penal Law · Source page