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 collectionثانياً: إحداث أذى بليغ
Principle 457The offence of grievous bodily harm. Its elements. The instruments causing grievous bodily harm are listed by way of example. Assessment of what falls within these instruments is within the trial court's authority. An exPenal Law · Source page ١٢٠- Principle 458The offense of grievous harm. Its elements. The condition that the instrument of the offense be among those mentioned by way of example in Article 161 of the Penal Code and that the harm be grievous. Assessing what constPenal Law · Source page ١٢٠
- Principle 459The prescribed punishment for the offense of causing grievous bodily harm is imprisonment for a term not exceeding ten years. - The prescribed punishment for a juvenile for offenses punishable by fixed-term imprisonment Penal Law · Source page ١٢٠
ثالثاً: ضرب أفضى إلى عاهة مستديمة
Principle 460The offense of grievous harm does not require specific criminal intent. General criminal intent suffices. Third: Battery resulting in permanent disability:-Penal Law · Source page ١٢٠- Principle 461The perpetrator's liability as a principal perpetrator for the offence of causing permanent disability. When it is established. An example of the absence of the elements of the offence of causing permanent disability andPenal Law · Source page ١٢٠
- Principle 462Criminal intent in the offence of battery resulting in permanent disability. The criterion for its establishment. - 120 - Penal - The judgment's establishment that the appellant intentionally struck the two victims with Penal Law · Source page ١٢٠
رابعاً: ضرب أفضى إلى آلام بدنية شديدة أو العجز عن استعمال عضو
Principle 463Correspondence between the witness's statements and the substance of the technical evidence is unnecessary. What suffices for that. - An example of the absence of contradiction between testimonial and technical evidence Penal Law · Source page ١٢١- Principle 464The crimes of beating causing severe bodily pain and entering a dwelling with intent to commit a crime. Among the crimes exhaustively enumerated in Article 240 of Criminal Procedure and Trials. Settlement and individual Penal Law · Source page ١٢١
- Principle 465The judgment’s conviction of the appellant of the offence of causing a permanent disability, which is not among the offences in which settlement or pardon is permissible. The victim’s waiver. Has no effect and does not ePenal Law · Source page ١٢١
خامساً: ضرب أفضى إلى موت
Principle 466The general rule is that the Public Prosecution—or its equivalent in misdemeanor cases—holds the right to institute and conduct criminal proceedings. Their institution on the basis of a complaint submitted by the victim Penal Law · Source page ١٢١- Principle 467The offender's liability for the victim's death where his act was not the direct or sole cause, if the victim suffered from an illness or injury liable to lead to death. Its condition. That the offender hastens death by Penal Law · Source page ١٢٢
- Principle 468The appellant's complaint that the judgment rejected his defence that a state of lawful self-defence existed in the offence of battery resulting in death. Ineffectual. So long as the judgment regarded the two offences ofPenal Law · Source page ١٢٢
- Principle 469The existence of general criminal intent. Sufficient in the offence of assault. It is the perpetrator's commission of the act voluntarily and with knowledge that it results in harm to the victim's body or health. - The jPenal Law · Source page ١٢٢
- Principle 470Considering the offender liable for the victim's death even if his act was not the direct cause or the sole cause. If the victim suffered from a disease or injury capable of causing death and the offender, by his act, haPenal Law · Source page ١٢٢
- Principle 471Specific criminal intent. Unnecessary in the offence of battery resulting in death. General criminal intent suffices. It exists where the offender commits the act voluntarily and with knowledge that it results in impairmPenal Law · Source page ١٢٣
- Principle 472The crime of beating leading to death. Is not among the crimes in which pardon or settlement is permissible.Penal Law · Source page ١٢٣
سادساً: تعدٍ خفيف
Principle 474Failure to alert the accused or his defense counsel to the court's amendment of the legal characterization by excluding the intent to kill without attributing a material fact or new elements, and its conclusion that the Penal Law · Source page ١٢٣سابعاً: القصد الجنائي
Principle 475Minor assault. Its nature: that which does not reach, in its severity, the level of beating, wounding, inflicting bodily harm, or violating bodily inviolability. The forensic medical report's statement that the victim's Penal Law · Source page ١٢٤- Principle 476The offense of battery or inflicting a wound or harm. It does not require specific criminal intent. What suffices to establish criminal intent therein. The judgment's express discussion of it. Unnecessary. It suffices thPenal Law · Source page ١٢٤
- Principle 477The offence of causing a wound. General criminal intent suffices for its establishment, namely the perpetrator's commission of the act knowingly and voluntarily, aware that it results in harm to the victim's body and heaPenal Law · Source page ١٢٤
- Principle 478The offence of grievous harm does not require specific criminal intent. General criminal intent suffices.Penal Law · Source page ١٢٤
- Principle 479Criminal intent in offences of battery generally, including the offence of battery resulting in permanent infirmity, is established by the offender committing the act voluntarily and with knowledge that it results in impPenal Law · Source page ١٢٤
- Principle 480The offence of assault requires no more than general criminal intent. The criterion for its existence. Commission of the act voluntarily and knowingly. - The court is not required to address criminal intent in the offencPenal Law · Source page ١٢٥
ثامناً: المسئولية عن النتائج المحتملة
Principle 482Offences of intentional battery. Established whenever the offender commits the act of striking with volition and knowledge that the act entails interference with the victim's bodily integrity. - It suffices that a personPenal Law · Source page ١٢٥أولاً: تحققه
Principle 485The trial court has the freedom to assess the probative force of the expert report submitted in the case and to reach a conclusive determination on what the expert did not conclusively determine in his report. The limit Penal Law · Source page ١٢٩- Principle 486Participation by agreement. It is the unity of the parties' intention to commit the agreed act. Its completion without external manifestations or tangible acts from which it can be inferred. - Assistance in the crime. AcPenal Law · Source page ١٢٩
- Principle 487The offence of abortion stipulated in Article 176 of the Penal Code. Established by a pregnant woman intentionally terminating her pregnancy prematurely or permitting another to do so. The means of abortion and the placePenal Law · Source page ١٢٩
ثانياً: الشروع في الجريمة
Principle 489Attempted abortion. When is it established? An example of the absence of an attempt.Penal Law · Source page ١٣٠أولاً: الركن المادي (فعل الخطف)
Principle 490An attempt to commit an offense is established by commencing execution of an act immediately preceding. The execution of its material element and inevitably leading to it, so that what the offender undertook is the firstPenal Law · Source page ١٣٠- Principle 491The court's acquittal of the accused because it was established before it that the acts he committed with the female victim did not result in the commission of the offence of kidnapping. Correct.Penal Law · Source page ١٣٣
- Principle 492The court must base its judgment only on the facts established in the case and its papers. The judgment's contravention thereof. Requires its cassation. An example of a kidnapping offence.Penal Law · Source page ١٣٣
- Principle 493The offence of kidnapping criminalised under Article 180 of the Penal Code. The criterion for its establishment. Assessing the existence of the element of deception therein. Is for the trial court without review, so longPenal Law · Source page ١٣٣
- Principle 494The crime of kidnapping provided for in Article 179/1 of the Penal Code. Established by deliberately removing the victim from the spot made an intended destination for him and severing his connection with his family, whaPenal Law · Source page ١٣٣
- Principle 495The material element of the offence of kidnapping. When it is established. - An instantaneous offence and a continuing offence. The criterion for distinguishing between them. Kidnapping is an instantaneous offence. - 133Penal Law · Source page ١٣٣
- Principle 497Detaining the victim after his kidnapping is considered a consequence of the offense of kidnapping, not an element thereof. Treating its perpetrator as a participant in the offense of kidnapping. An error of law.Penal Law · Source page ١٣٤
- Principle 498The offense of kidnapping by deception. When it is constituted. The use of fraudulent methods is not necessary for the element of deception to exist. Assessment of the existence of the element of deception. A question ofPenal Law · Source page ١٣٤
- Principle 499When the perpetrator is considered a principal perpetrator together with others in committing the crime. An example of a perpetrator in a kidnapping crime.Penal Law · Source page ١٣٤
- Principle 500The offence of kidnapping stipulated in Article 176/1 of the Penal Code. Established by removing the victim from the place from which he was kidnapped with the intent to harm him through one of the acts set out therein, Penal Law · Source page ١٣٤
- Principle 501Returning the victim to the place from which he was kidnapped does not affect the establishment of the offense of kidnapping after its occurrence.Penal Law · Source page ١٣٤
- Principle 502The element of deception in the offense of kidnapping. Its existence does not require the offender to have used fraudulent methods rising to the level of deception in the offense of fraud. Example. - 134 - Penal LawPenal Law · Source page ١٣٤
- Principle 503The offense of kidnapping provided for in Article 179/1 of the Penal Code. It is established where the offender's will is directed toward taking the kidnapped person from the hands of his family and relatives, removing hPenal Law · Source page ١٣٥
- Principle 504The judgment's finding against the appellant that he and the other accused committed the offence of kidnapping the female victim by deception with intent to extort her, of which he was convicted. The challenge that he haPenal Law · Source page ١٣٥
- Principle 505The physical act constituting the mental element in the offence of kidnapping. Established by the offender removing the victim from the place intended for him by those under whose care he is and deliberately severing hisPenal Law · Source page ١٣٥
- Principle 506The act constituting the material element of the offence of kidnapping criminalised under Article 178 of the Penal Code. It is established by the offender removing the victim from the place from which he was kidnapped toPenal Law · Source page ١٣٥
- Principle 507The crime of kidnapping provided for in Article 180 of the Penal Code. Established by removing a person from the place from which he was kidnapped, whatever that place, with intent to commit one of the acts provided for Penal Law · Source page ١٣٦
- Principle 508Assessing the element of coercion in the offence of kidnapping and the existence of criminal intent therein. A factual issue determined by the trial court without review, provided its inference is sound. - The scope of aPenal Law · Source page ١٣٦
- Principle 509The offense of kidnapping. Established by removing the victim from the place from which he was kidnapped by force and with intent to inflict harm. It is an instantaneous offense completed and terminated upon the mere remPenal Law · Source page
- Principle 510Assessment of the existence of the element of force in the crime of kidnapping and the element of coercion in the crime of indecent assault. Within the trial court's authority without review. Its condition. An example. -Penal Law · Source page
- Principle 511The offence of kidnapping stipulated in Article 180 of the Penal Code. The criterion for its establishment. - The offence of kidnapping with intent to have sexual intercourse or induce the practice of prostitution. CrimiPenal Law · Source page
- Principle 512The material element of the offense of kidnapping. Requires the offender to undertake positive activity by which he moves the victim from the place from which he was kidnapped to another place to which he takes him. The Penal Law · Source page