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. - بوجه عام

    Principle 224There is no punishment for merely thinking of committing an offence, resolving to do so, or undertaking acts - 56 - Penal Law preparatory to its commission. The offender must be punished if he goes beyond those stages toPenal Law · Source page ٥٦

  2. - محكمة الموضوع وسلطتها في تقدير الشروع

    Principle 225Assessment of the existence of the elements of the offence of attempting to carry out, without the Government’s permission, a hostile act against a foreign State. A matter for the trial court. The condition for this. - TPenal Law · Source page ٥٧
  3. Principle 227Attempt to commit an offence. Its nature. Art. 45 of the Penal Code. Is established by commencing execution of an act immediately preceding the execution of the material element of the offence and inevitably leading to iPenal Law · Source page ٥٧

  4. - عقوبة الشروع

    Principle 228Attempt 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, such that the act undertaken by the offendePenal Law · Source page ٥٧

  5. الفاعل الأصلي

    Principle 229The offense of sexual intercourse without consent criminalized by Article 186/1 of the Penal Code, as amended by Law 62 of 1976. Its penalty is death or life imprisonment. The court of merits may impose either. ApplicatiPenal Law · Source page ٥٨
  6. Principle 230What suffices to regard the appellant as a principal perpetrator within the meaning of Article 47 of the Penal Code. Example in a kidnapping offense.Penal Law · Source page ٥٨
  7. Principle 231The judgment's inference from the appellant's presence in the car at the place where the offense was being committed during the robbery of the victim, whether with the intent of overcoming his resistance or strengtheningPenal Law · Source page ٥٨
  8. Principle 232The principal perpetrator of an offence: a person who has the intent to contribute to or intervene in it, provided that the offence occurred as a result of the agreement and he contributed to some extent to its executionPenal Law · Source page ٥٨
  9. Principle 233The appellant's criminal liability for the offence of completed sexual intercourse as a perpetrator with another. When it arises. Example concerning an offence of sexual intercourse.Penal Law · Source page ٥٩
  10. Principle 235A principal perpetrator together with another is anyone possessing the intent to participate or the intention to intervene in the offence, sharing the intent of the perpetrator acting with him therein. What suffices in tPenal Law · Source page ٥٩
  11. Principle 236A principal perpetrator together with others is anyone who has the intent to contribute to or intervene in an offence consisting of several acts, even if the offence is not completed by his act alone. - Agreement to commPenal Law · Source page ٥٩
  12. Principle 237The judgment's conclusion that all the accused are liable for the offense of causing a permanent disability despite the absence of an agreement among them to commit the assault resulting in that disability. An error in tPenal Law · Source page ٥٩
  13. Principle 238When an offender is considered a principal perpetrator together with another in committing the offense. An example involving kidnapping.Penal Law · Source page ٥٩
  14. Principle 242Merely establishing the circumstance of premeditation against the accused persons. Necessarily entails their participation by agreement as regards those resolved upon the offence who did not personally commit it. - The jPenal Law · Source page ٦٠
  15. Principle 243An offence committed through several acts by its nature or according to its execution plan. Anyone having the intent to contribute or the intention to intervene. Is considered a principal perpetrator together with othersPenal Law · Source page ٦٠
  16. Principle 244An offence consisting of several acts, whether by its nature or according to its execution plan. Who is deemed a perpetrator therein: everyone who intervenes in its execution, even if it is completed through the act of oPenal Law · Source page ٦٠
  17. Principle 245A person's contribution to the offence through one of its constituent acts. Sufficient to consider him a principal perpetrator therein. An example of contribution to an offence of theft. - The thief's failure to retain pPenal Law · Source page ٦١
  18. Principle 246Cases in which the offender is held liable as a principal perpetrator in the offence of beating resulting in permanent disability.Penal Law · Source page ٦١
  19. Principle 247A person's contribution to the crime through an act constituting it is sufficient for him to be considered a principal perpetrator therein. Example of sound reasoning for considering the appellant a principal perpetratorPenal Law · Source page ٦١
  20. Principle 248The appellant and another accused intercepting the victim as he walked at night, and his striking him on his head, shoulder, and various parts of his body while the other accused held his hands from behind, immobilized hPenal Law · Source page ٦١
  21. Principle 250The principal perpetrator. Is one who contributes to the offence by one of its constituent acts. - 61 - Penal Law - The appellant’s accompanying two others to the place of the theft and keeping watch over the place for tPenal Law · Source page ٦١
  22. Principle 251An offence consisting of several acts. Anyone who intervenes in its execution is deemed a perpetrator therein, even if it was not completed by his act alone but was completed by the act of one or more of those who intervPenal Law · Source page ٦٢
  23. Principle 252The principal perpetrator. Is one who contributes to the crime by an act constituting it. - The appellant's driving of the car in which the victim rode, misleading him into believing that he would take him to his destinaPenal Law · Source page ٦٢
  24. Principle 253The offence of facilitating the unlawful appropriation of public funds. Established by any act performed by a public official or a person of equivalent status that would facilitate another's obtaining those funds. The puPenal Law · Source page ٦٢

  25. الاشتراك (الشريك)

    Principle 254The female appellant and the second accused committing a single act resulting in two offences for each of them, the female appellant being a principal perpetrator of the offences of adultery and consenting to sexual intePenal Law · Source page ٦٣
  26. Principle 260Complicity in an offence. Its nature. And its inference. - The criterion for determining complicity is the accused’s relationship to the act constituting the offence, not to the persons who participated with him in it.Penal Law · Source page ٦٤
  27. Principle 261Agreement to commit the offense. Its nature. Its inference. Falls within the authority of the trial court, provided it is sound.Penal Law · Source page ٦٤
  28. Principle 263Complicity in an offense. When it is established. - The criminal judge is free to form his conviction from any source he chooses, unless the law restricts him to particular evidence.Penal Law · Source page ٦٥
  29. Principle 264The offense of facilitating another's unlawful appropriation of public funds. How it is established. The public official is considered a principal perpetrator and the other person his accomplice therein. - What suffices Penal Law · Source page ٦٥
  30. Principle 265Subsequent complicity in the offence of importing alcoholic beverages with intent to trade. Its inference. A matter of fact.Penal Law · Source page ٦٥
  31. Principle 266The statement concerning the defendant's residence in the statement of claim. Is considered an individual declaration. The effect thereof. Altering the truth therein does not constitute forgery. Endorsement of the statemPenal Law · Source page ٦٥
  32. Principle 267Criminal participation by an accomplice. When it is established. - Complicity by agreement. Its nature. - Inferring that complicity occurred falls within the criminal judge's authority. Its condition.Penal Law · Source page ٦٥
  33. Principle 268Complicity in forgery offences. The trial court may infer it from the circumstances and surrounding facts of the case, provided that its facts justify the belief that it occurred. The reason therefor. - 65 - Penal LawPenal Law · Source page ٦٥
  34. Principle 269Circumstantial indications of the complicity and assistance of whoever is present with the person whose search was authorized. Their assessment initially belongs to the police officer under the supervision of the trial cPenal Law · Source page ٦٦
  35. Principle 270Participation in the commission of an offense by agreement. Its nature. - Assistance in an offense. How it occurs. - Complicity in an offense by agreement and assistance. How it is established. Inferring its occurrence fPenal Law · Source page ٦٦
  36. Principle 271The judgment's demonstrating the appellant's complicity in committing the offence of importing alcoholic beverages, participation in facilitating their removal from the port and smuggling them through customs, and his ofPenal Law · Source page ٦٦
  37. Principle 272An offence consisting of several acts. Anyone possessing the intent to contribute or the intention to intervene in it. Is considered a principal perpetrator together with others so long as the offence occurred as a resulPenal Law · Source page ٦٦
  38. Principle 274The judgment's express discussion of the existence of criminal intent or other elements of the offence of forgery - 66 - Penal and complicity therein. Is unnecessary. What suffices in this regard.Penal Law · Source page ٦٦
  39. Principle 276Criminal participation. The criterion for its establishment. - Complicity by agreement. Its nature. - The criminal judge is free to form his conviction from the facts of the case. Absence of evidence of complicity in thePenal Law · Source page ٦٧
  40. Principle 277Merely establishing the circumstance of premeditation against the accused. Necessarily entails their complicity by agreement as regards those determined upon the offence who did not personally commit it. - The judgment’sPenal Law · Source page ٦٧
  41. Principle 278An offense committed through several acts by its nature or pursuant to its execution plan. Everyone possessing the intent to contribute or the intention to intervene. Is considered a principal perpetrator together with oPenal Law · Source page ٦٧
  42. Principle 279The appealed judgment's acquittal of the respondents, on grounds not faulted by the Public Prosecution, of the charge of assembling for the purpose of committing the offenses it attributed to them. Its challenge thereto Penal Law · Source page ٦٨
  43. Principle 280Possession of narcotics on another's behalf. In reality, it is no more than participation in committing the offense, connected with the criminal act and its result. The effect thereof. The participant is considered an acPenal Law · Source page ٦٨
  44. Principle 281Complicity by agreement. Is the unity of its parties’ intention to commit the agreed act. Its completion without outward manifestations or tangible acts from which it can be inferred. - Assistance in an offence. Is effecPenal Law · Source page ٦٨
  45. Principle 282Complicity by agreement. Established by the unity of its parties' intention to commit the agreed act. - Complicity by contribution. Occurs through the accomplice's intentional intervention with the perpetrator, which resPenal Law · Source page ٦٨
  46. Principle 283Assessment of the evidence in respect of each accused falls within the trial court's authority. Forming its conviction according to its assessment of the evidence. Its confidence in that evidence in respect of one accusePenal Law · Source page ٦٩
  47. Principle 284Deception in the offence of fraud. Fraud practised by the perpetrator upon the victim to induce him to deliver property in his possession through fraudulent methods. Fraudulent methods. What they lead to. - The absence fPenal Law · Source page ٧٠
  48. Principle 285Complicity by agreement and incitement. How they are established. For their proof, it suffices that the court believes they occurred from the circumstances and attendant circumstances of the case. - Criminal intent in thPenal Law · Source page
  49. Principle 286A judgment of conviction must contain a statement of the act warranting punishment, the circumstances in which it occurred and the evidence from which the court deduced that its occurrence was established. The reason forPenal Law · Source page
  50. Principle 287Complicity subsequent to the crime, following the Constitutional Court’s ruling that the provisions of clauses First and Second of Article 49 of the Penal Code were unconstitutional insofar as they deemed a person an accPenal Law · Source page
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