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. إزعاج السلطات

    Principle 400The material element of the offense of assaulting a public official responsible for implementing the Narcotics Control - 101 - Penal Law Law No. 74 of 1983 during the apprehension operation—those mentioned in that law orPenal Law · Source page ١٠١

  2. جرائم الجلسات

    Principle 401The offense of disturbing the authorities. Established by reporting the occurrence of disasters, incidents, or dangers that do not exist in reality and are liable to cause chaos, disorder, and confusion among people. ArtPenal Law · Source page ١٠٣

  3. أولاً: قصد القتل

    Principle 402The courts' authority regarding courtroom offenses is not founded on the general rules of jurisdiction. The reason therefor: a courtroom offense is an offense witnessed in flagrante delicto because it occurs before the jPenal Law · Source page ١٠٤
  4. Principle 403Ascertaining intent to kill. A matter of fact. The reason therefor. A challenge thereto. Has no basis. An example of sound reasoning establishing the existence of intent to kill deliberately.Penal Law · Source page ١٠٧
  5. Principle 404Intent to kill. Its nature. Inferring its existence. A matter of fact. The court's conclusion that the appellant's intention to kill was established by a physical act leading thereto. Its implication: there is no distincPenal Law · Source page ١٠٧
  6. Principle 405Intent in intentional killing. Requires an intention to take life. The blows must be inflicted with the intention to take life. The absence thereof. Treating the incident as battery resulting in death. An example.Penal Law · Source page ١٠٧
  7. Principle 406Intent to kill. Among the factual matters that the judge ascertains within the limits of his discretionary authority.Penal Law · Source page ١٠٧
  8. Principle 407Intent to kill. Not perceptible by outward sensory perception. The trial court's authority to infer it. - 107 - PenalPenal Law · Source page ١٠٧
  9. Principle 408The formation of intent to kill following a momentary altercation. Possible. The motive for the offence. Not an element thereof.Penal Law · Source page ١٠٨
  10. Principle 409Intent to kill. Its nature. The trial court's authority to infer it. - Inferring the intention to kill from several indications sufficient to establish its existence in the perpetrator. Disputing this. A factual matter tPenal Law · Source page ١٠٨
  11. Principle 410Intent to kill. A concealed matter not perceived by outward sensation, but discerned from the circumstances surrounding the case and the signs and manifestations exhibited by the perpetrator. - Inferring whether the intePenal Law · Source page ١٠٨
  12. Principle 411Examination of the presence or absence of an intent to kill on the offender's part. Falls within the authority of the trial judge whenever it is sound. An example of sound inference negating the intent to kill.Penal Law · Source page ١٠٨
  13. Principle 412Intent to kill. Its nature. The trial court's authority to infer it. - The offender's possession of the capacity for perception and direction of the will, or inability to do so at the time of committing the offense becauPenal Law · Source page ١٠٨
  14. Principle 413Taking the victim's life. It is the distinguishing element of intentional homicide. The judgment of conviction must address this element separately through a reasonable inference. An example of an unreasonable inference.Penal Law · Source page ١٠٨
  15. Principle 414The judgment's sound and substantiated conclusion that the elements of the offence of murder exist. The assertion that the incident constitutes - 108 - Penal Law the offence of assault resulting in death or negligent homPenal Law · Source page ١٠٨
  16. Principle 415Intent to kill. A concealed matter. How it is perceived. Inferring it: within the authority of the trial court. An example. - States of agitation, provocation, or anger. Do not negate the intention to kill. - Intention tPenal Law · Source page ١٠٩
  17. Principle 416The felony of intentional killing is distinguished from other offences against the person by a special element, namely the offender's intent, in committing the act, to take the victim's life, which is a matter concealed Penal Law · Source page ١٠٩
  18. Principle 418Neglect or delay in treating the victim. Does not sever the causal link unless it is established that it was deliberate in order to aggravate responsibility. No fault attaches to the court for disregarding the defense thPenal Law · Source page ١١٠
  19. Principle 419Examination of whether the perpetrator possessed the intent to kill and premeditation or lacked them. A matter of fact, provided it is sound. - The perpetrator’s stabbing the victim with a knife. Does not in itself indicPenal Law · Source page ١١٠
  20. Principle 420Assessing the presence or absence of an intent to kill on the offender's part. A matter of fact, provided the assessment is sound. - The court's inference that the respondent did not intend to take the victim's life but Penal Law · Source page ١١٠
  21. Principle 421Medical reports do not in themselves constitute evidence against the accused. The consequence: they are not vitiated if they are not based on certainty. The court's reliance on probabilistic evidence. Permissible. The coPenal Law · Source page ١١٠
  22. Principle 423The judgment's statement and demonstration, which the appellant does not dispute, that he intentionally killed the male victim with premeditation. The failure to find the female victim's body and the weapon used in the iPenal Law · Source page ١١١

  23. ثانياً: سبق الإصرار

    Principle 424Intent to kill. A concealed matter. How it is discerned. Its inference is a matter of fact.. - The challenged judgment's ascertainment of this intent from the perpetrator's use of a lethal instrument, his repeated stabbiPenal Law · Source page ١١١
  24. Principle 425Premeditation. Its nature: the resolve to commit the act sufficiently in advance of its execution to allow the perpetrator to deliberate calmly. The implication thereof. The offender's killing of the victim while his emoPenal Law · Source page ١١١
  25. Principle 426Premeditation. Its nature. Inferring it. A factual matter. An example of unreasonable reasoning for the existence of premeditation.Penal Law · Source page ١١١
  26. Principle 427Premeditation is a mental state existing in the offender's mind and inferred from external facts deduced by - 111 - Penal the judge. There is no purpose in raising its absence if the punishment falls within the range prePenal Law · Source page ١١١
  27. Principle 428The circumstance of premeditation. Proof of its existence entails joint criminal liability among the accused, so that each is deemed a principal perpetrator in the crime.Penal Law · Source page ١١٢
  28. Principle 430Establishing the existence of premeditation necessarily entails the absence of a state of lawful self-defence on the offender's part.Penal Law · Source page ١١٢
  29. Principle 431Premeditation. Its nature. Its assessment. It suffices that the resolved purpose be directed towards killing an unspecified person whom the offender met or encountered. Its establishment is not precluded by the plan for Penal Law · Source page ١١٢
  30. Principle 432Intent to kill is a concealed matter. How it is discerned. Its inference lies within the trial court's authority. Premeditation. Its nature. How it is established. By preparing the means of the crime and drawing up its ePenal Law · Source page ١١٢
  31. Principle 433The appellant’s desire to kill the female victim, and his having time to think, plan, resolve to commit the crime, and prepare the means of committing it. Establish premeditation.Penal Law · Source page ١١٢
  32. Principle 434Premeditation. A mental state existing within the offender. Its derivation from the facts and circumstances from which - 112 - Penal Law its existence is inferred. Established by his preparing the means of the offense anPenal Law · Source page ١١٢

  33. ثالثاً: الترصد

    Principle 435Premeditation. Its nature: that the offender has considered what he intended and pondered its consequences while calm of mind. Example of its absence because, at the time of committing the killing, the offender was agitaPenal Law · Source page ١١٣
  34. Principle 437Failure to identify the victim beforehand or making the execution of the killing contingent on a matter or condition. Does not prevent its existence.Penal Law · Source page ١١٣
  35. Principle 438Intent to kill. Discerned through the circumstances surrounding the case and the external indications and manifestations exhibited by the perpetrator. Its inference. Within the authority of the trial judge. Provocation oPenal Law · Source page ١١٣

  36. رابعاً: الاقتران

    Principle 439Premeditation. A mental state existing within the offender and inferred from external facts from which the judge deduces it. - Lying in wait. The offender's waiting for the victim for a period of time, long or short, in Penal Law · Source page ١١٣

  37. خامساً: الشروع في القتل

    Principle 441Attempted killing. The victim's remaining alive during the third year following the injury. The perpetrator's responsibility stops at the limit of attempted killing the act even if the victim subsequently dies.Penal Law · Source page ١١٤
  38. Principle 443A person deprived of consciousness or choice. Selection of the existence of his intention to commit an offence requiring specific intent, whether he took the intoxicant knowingly or against his will. The appellant’s defePenal Law · Source page ١١٤

  39. سادساً: عقوبة جريمة القتل

    Principle 444Offenses of intentional killing and attempted intentional killing. Distinguished by the intention to intend killing and taking life. Their difference in this respect from the general criminal intent required in all otherPenal Law · Source page ١١٥
  40. Principle 445Imposition of life imprisonment, which falls within the range of punishment prescribed for intentional killing criminalized by Article 149 of the Penal Code. The challenge alleging absence of the aggravating circumstancePenal Law · Source page ١١٥
  41. Principle 446The death penalty. Prescribed for intentional homicide even if not accompanied by premeditation. The appellant's challenge to the judgment in this regard. Of no avail.Penal Law · Source page ١١٥

  42. القتل الخطأ

    Principle 447The offence of intentional murder. Is not among the offences in which settlement or individual pardon is permissible. Article 240 of the Criminal Procedure and Trials Law. The effect thereof: the court's disregard of thePenal Law · Source page ١١٥
  43. Principle 448The trial court is not bound by the Public Prosecution's characterisation of the act attributed to the accused. It may scrutinise the incident in all its legal classifications and descriptions and correctly apply the proPenal Law · Source page ١١٦

  44. الامتناع عن مساعدة المجني عليه

    Principle 449The appellant's objection that the incident constitutes the offence of negligent homicide. The judgment's finding that the elements of the offence of battery resulting in death exist and its sound conclusion that it is ePenal Law · Source page ١١٦

  45. ثانياً: إحداث أذى بليغ

    Principle 451The forensic physician's conclusion that the loss of two incisors does not constitute permanent disability but merely perceptible bodily harm. The consequence: treating the incident as causing perceptible bodily harm, crPenal Law · Source page ١١٩
  46. Principle 452The offense of inflicting grievous harm. The criterion for its establishment: that the assault be committed with one of the instruments specified in Article 161 of the Penal Code or a similar instrument, and that grievouPenal Law · Source page ١١٩
  47. Principle 453The perpetrator’s liability as a principal in the offence of causing grievous harm. When it is established. An example of sound reasoning for the absence of the offence of causing grievous harm in respect of the respondePenal Law · Source page
  48. Principle 454The court's inability to determine which of the accused, by his act, caused the fracture of the victim's arm that caused the grievous harm. Its consequence: holding both accountable to the extent established with certainPenal Law · Source page
  49. Principle 455The offense of causing grievous bodily harm. Its elements. The instrument used in the assault and the type of harm. Assessment of what constitutes a dangerous instrument. A matter of fact. Example. - 119 - Penal LawPenal Law · Source page
  50. Principle 456The offence of grievous bodily harm. Its elements. The implements that cause grievous bodily harm are listed by way of example. A piece of brick is considered one of these implements.Penal Law · Source page
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