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. أولاً: تحققها

    Principle 345The official’s acceptance of a gift for performing an act or refraining from performing it is the material act constituting the two offences stipulated in Articles 35/1 and 118/1 of Law 31/1970. The point - 86 - Penal maPenal Law · Source page ٨٦
  2. Principle 346Holding the offender accountable for bribery whenever he has competence over the work. Rightfully or wrongfully. The reason therefor.Penal Law · Source page ٨٧
  3. Principle 348The offense of bribery. The criterion for its occurrence. - The act requested of the official. The general rule is that it falls within his official duties. The mere existence of a connection between the act and the offiPenal Law · Source page ٨٧
  4. Principle 349The material element of the offence of offering a bribe. Its condition. An offer—whether a promise or a gift—must be made to a public official, and that offer must not be accepted by the official, this being the negativePenal Law · Source page ٨٧
  5. Principle 350Bribery. Its nature. Acceptance or solicitation by an official or a person of equivalent status of a promise or gift to perform or refrain from performing the duties of his office, even if rightful, or outside the scope Penal Law · Source page ٨٧
  6. Principle 351The offence of bribery. Its elements are complete upon requesting the bribe, whether the amount is paid directly to the official or through an intermediary, and whether the act falls within his competence or he claims thPenal Law · Source page ٨٨
  7. Principle 352The act requested of the official. The general rule is that it must fall within his official duties. The mere existence of a connection between the act and the official. Its sufficiency. The official need not have competPenal Law · Source page ٨٨
  8. Principle 353The offence of bribery. Established if a public official requests or accepts a promise or gift to perform an act or refrain from an act of his office. Mere request or acceptance. Sufficient to establish it. - The generalPenal Law · Source page ٨٨
  9. Principle 355The judgment's establishment against the appellant that he requested and accepted sums to perform work he claimed was among his official duties. Establishes against him the offense of requesting and taking a bribe. ExampPenal Law · Source page ٨٩
  10. Principle 356The judgment's finding that the report transcribing the recording tape contains nothing indicating a request for a bribe, a finding having its basis and source in the papers. The Public Prosecution's challenge thereto inPenal Law · Source page ٨٩
  11. Principle 357Receiving reports and conducting the necessary inquiries. Among the duties imposed by law on police officers. They may obtain information leading to proof or disproof of the facts reported to them or which they personallPenal Law · Source page ٨٩
  12. Principle 358The offence of bribery. The criterion for its establishment on the part of a public official or a person treated as such. - Claiming competence to perform the act. Its meaning. A mere assertion, without requiring that itPenal Law · Source page ٨٩
  13. Principle 359The offence of exploiting influence. Completed merely by the offender invoking real or alleged influence in soliciting or accepting a gift, to obtain or attempt to obtain an advantage of any kind from any public authoritPenal Law · Source page ٩٠
  14. Principle 360What matters in proof in criminal matters is the judge's conviction and confidence in the evidence submitted for examination. He may rely on any circumstantial or other evidence with which he is satisfied unless the law Penal Law · Source page ٩٠
  15. Principle 361The crime of offering a bribe. Established merely by offering the bribe and the public official's nonacceptance of the offer. The basis: Article 41 of Law 31 of 1970. - Noncompletion of the act in return for which the brPenal Law · Source page ٩٠
  16. Principle 362The offence of bribery. The criterion for its establishment on the part of a public official. - Claiming competence. What suffices to establish it. Its being accompanied by fraudulent elements and means. Not necessary. -Penal Law · Source page ٩١

  17. ثانياً: القصد الجنائي في جريمة الرشوة

    Principle 363The offense of offering a bribe to a public official or a person treated as such. The criterion for its establishment. - The material and mental elements of the offense of offering a bribe. Their nature. - The offense ofPenal Law · Source page ٩١
  18. Principle 364The defense based on the absence of criminal intent in the accused's bribery offense on the ground that the work he performed was after official hours and the fruit of his own effort. Rejecting this on the basis that thePenal Law · Source page ٩١
  19. Principle 365The offence of trading in influence; invoking actual influence is not required. Invoking alleged influence suffices. Specific intent is not required for its establishment.Penal Law · Source page ٩١
  20. Principle 366The offence of bribery. It suffices for its establishment that the official have a share of competence in the operation or have a connection allowing him to carry out the purpose of the bribe. - 91 - PenalPenal Law · Source page ٩١
  21. Principle 367Criminal intent in the offence of an official accepting a present or gift after performing an act and lawfully refraining from it, Article 118/Penal Code. It is established by his will being directed towards accepting itPenal Law · Source page ٩٢
  22. Principle 368The offence of unlawful exaction. Its criterion. That the public official be competent to collect sums due to the State, or that this be among the requirements of his office or entrusted to him. - The official’s collectiPenal Law · Source page ٩٢
  23. Principle 369Criminal intent in the offense of bribery. The criterion for its establishment. Establishing it separately. Is not necessary. What suffices regarding the judgment's ascertainment thereof. - The bribe-giver's failure to dPenal Law · Source page ٩٢
  24. Principle 370Criminal intent in the offense of acting as an intermediary in bribery. Established when the intermediary's intention is directed toward buying the public official's integrity for another's account. The offender must perPenal Law · Source page ٩٢

  25. ثالثاً: الموظف العام في جريمة الرشوة

    Principle 371The offence of bribing a public official or a person treated as such. Its material element: that the briber offer a promise or a gift to a public official or a person treated as such to perform an act or refrain from an Penal Law · Source page ٩٢
  26. Principle 372The official's sole competence for all the work connected with the bribe. Unnecessary. It suffices that he have a share therein or merely that a connection exist between his work and the work requested of him. Art. 35, LPenal Law · Source page ٩٣
  27. Principle 373The act forming the subject of the bribery offence must fall within the official's competence pursuant to statutory competence or an administrative assignment. His competence over the entire act is unnecessary. It sufficPenal Law · Source page ٩٣
  28. Principle 374The crime of bribery is established even if the act is performed outside the official's official working hours. Its condition: the act must be among his official duties. - 93 - PenalPenal Law · Source page ٩٣
  29. Principle 375The offence of bribery does not require that the official alone be competent to perform the act for which the bribe amount was offered, or that this act fall directly within the limits of his office. It suffices that he Penal Law · Source page ٩٤

  30. رابعاً: المكلف بخدمة عامة

    Principle 376The public official in offenses of bribery and abuse of influence. What suffices for him to be considered such. Its basis. Article 43 of Law 31 of 1970 amending the penal provisions. - The judgment's denial of the responPenal Law · Source page ٩٤
  31. Principle 377A person entrusted with a service is one who is not a public official or public employee, but who has been entrusted with a public service by a person having authority to make that assignment. Example.Penal Law · Source page ٩٥
  32. Principle 378Equating a person entrusted with a public service with a public official in matters of forgery, and considering the papers which the former is entrusted to draw up or participate in drawing up official papers. Incorrect.Penal Law · Source page ٩٥

  33. خامساً: عقوبة العزل

    Principle 379The criterion for the official character of a document in relation to forgery is that its author be a public official competent by virtue of his office to draw it up or intervene in its drafting. A person entrusted with Penal Law · Source page ٩٥
  34. Principle 380The judgment's omission to impose the penalty of removal from office in a bribery misdemeanour pursuant to Article 70 of the Penal Code. An error in applying the law. Requires its partial cassation and correction by impoPenal Law · Source page ٩٥

  35. استغلال النفوذ

    Principle 381The penalty of removal from office prescribed for bribery where it is a misdemeanor. Its duration must be specified. Example. - 95 - Penal Law (2) Abuse of influencePenal Law · Source page ٩٥
  36. Principle 382The absence from the papers of convincing evidence that the appellant receives financial consideration for exploiting alleged influence to obtain or attempt to obtain a status or advantage. The elements of the offense stPenal Law · Source page ٩٦
  37. Principle 383The offense of using real or alleged influence. Its two forms: requesting a promise or a gift on the pretext that it is a bribe for a public official, with the intention of retaining it, or for using real or alleged inflPenal Law · Source page ٩٦
  38. Principle 385The promise or gift in the offense of exploiting influence. Their definition: any benefit, whatever its name or kind, material or non-material. Example.Penal Law · Source page ٩٦
  39. Principle 387The offence of exploiting influence is constituted even if the influence is alleged. - The material element of the offence of exploiting influence. The criterion for its establishment. And what suffices to constitute thePenal Law · Source page ٩٧

  40. تمكين مقبوض عليه من الفرار

    Principle 389The offence provided for in Article 48 of Law 31/1970 amending certain provisions of the Penal Code. Its purpose is to prevent the official from exploiting the duties of his office for his own benefit or that of others. Penal Law · Source page ٩٨
  41. Principle 390Criminal intent in the offence of enabling an arrested person to escape. The prerequisite for its establishment. The offender's knowledge that the person whom he enabled to escape was under arrest and his will being direPenal Law · Source page ٩٩

  42. استعمال القوة أو العنف مع موظف عام أو رجل الشرطة

    Principle 391The judgment’s establishment that the first witness arrested the second appellant in flagrante delicto committing the misdemeanour of entering the country through places other than those designated and without carrying aPenal Law · Source page ٩٩
  43. Principle 392The offense of using violence and threats against a public official. Its mental element. Its nature. Intending to compel the official to carry out an unlawful matter or refrain from performing what he has been assigned. Penal Law · Source page ١٠٠
  44. Principle 393Offenses of all kinds, including the offense of using threats against a public official. The general rule is that they may be proved by all means of proof, save for exceptions.Penal Law · Source page ١٠٠
  45. Principle 394The mental element in the offense of resisting public officials provided for in Article 116 of the Penal Code(*). How it is established. The threat constituting the material element of this offense. Its nature. - EstabliPenal Law · Source page ١٠٠
  46. Principle 395The material and mental elements of the offence of using threats against a public official. Their nature. An example.Penal Law · Source page ١٠٠
  47. Principle 396A police officer may arrest and search the accused in a case of flagrante delicto involving a felony in which strong evidence supports the accusation against him. - The existence of external manifestations that in themsePenal Law · Source page
  48. Principle 397The legislature's making the rule in Article 116 of the Penal Code unrestricted so as to punish anyone who uses force, violence, or threats against a public official whenever his purpose in the assault or threat is to coPenal Law · Source page
  49. Principle 398The offence of using force and violence against a public official. The judgment's separate discussion therein of the intention to use force. Unnecessary. The condition thereof.Penal Law · Source page
  50. Principle 399The material element of the offence of assaulting a public official criminalised by Article 135 of the Penal Code is identical to that in the felony of using force, violence, or threats against him to accomplish an unlawPenal Law · Source page
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