Cassation principles Recent Criminal Matters
محكمة التمييز (حسب الغلاف) · الفترة قيد التحقق من الأصل · 216 available principles
Search this collectionآداب عامة
Principle 1Summary: - The guarantee of freedom of opinion, the right to express it, and freedom of the press, printing and publication under the provisions of the Constitution and Law 3 of 2006 concerning Printing and Publication. Recent Criminal Matters · Source page ٤ابتزاز
Principle 2Summary: - The offence of kidnapping criminalised by Article 180 of the Penal Code. Its establishment. - Deception is one of the means by which the offence of kidnapping is established when committed with intent to perpeRecent Criminal Matters · Source page ٦إثبات
Principle 3Summary: - A challenge to a judgment of the court of first instance is raised before the appellate court and is inadmissible before the Court of Cassation. - A complaint concerning the court of first instance’s refusal tRecent Criminal Matters · Source page ٨- Principle 4Summary: - A confession is an element of evidentiary inference. Its assessment and whether or not it was extracted by coercion are matters of fact. - The investigator conducts the investigation in the manner he considersRecent Criminal Matters · Source page ٩
إجراءات تحريز
Principle 5Summary: - Analysis of seized items. It suffices that it be performed on part of the total psychotropic substances seized. Reason: nothing in the law requires analysis of all the seized items. - The court's satisfaction Recent Criminal Matters · Source page ١١إجراءات تحقيق
Principle 6Summary: - Failure to question the accused during the investigations. No nullity. Instituting criminal proceedings without interrogating or questioning the accused. No impediment. Rule: What the appellant raises concernRecent Criminal Matters · Source page ١٢- Principle 7Summary: - The appellant’s complaint concerning the failure to question the officer involved in the incident about the person who was present with the appellant when he was arrested and searched, and the failure to searcRecent Criminal Matters · Source page ١٢
- Principle 8Summary: - The accused’s right to be accompanied by his lawyer in all preliminary investigation procedures. The condition: that he initially declare his lawyer’s name and his wish for him to attend the investigation. FaiRecent Criminal Matters · Source page ١٣
إجراءات ضبط وتفتيش
Principle 9Summary: - The challenged judgment’s establishment that the police investigator took cognisance of the incident because it constituted the misdemeanour of fleeing when ordered to stop by police officers and the offence oRecent Criminal Matters · Source page ١٤- Principle 10Summary: - Judicial police officer. Nature of his task. Article 39 of the Criminal Procedure and Trials Code. - The appellant’s publication and writing of his tweets containing offensive expressions on the social networkRecent Criminal Matters · Source page ١٥
إجراءات محاكمة
Principle 11Summary: - A challenge to a judgment of the court of first instance is raised before the appellate court and is inadmissible before the Court of Cassation. - A complaint concerning the court of first instance’s refusal tRecent Criminal Matters · Source page ١٦- Principle 12Summary: - Article 155 of the Code of Criminal Procedure and Trials. Its import: the court must put the charge to the accused by reading it to him, explaining it to him, and asking him whether he is guilty or not, and inRecent Criminal Matters · Source page ١٧
- Principle 13Summary: - A judge trying an accused must have absolute freedom in that trial, unrestricted by anything contained in another judgment concerning another incident involving the same accused, without regard to whether deciRecent Criminal Matters · Source page ١٨
أجهزة الاتصالات الهاتفية
Principle 14Summary: - Articles 1 and 1 bis of Law No. 9 of 2001 concerning the Misuse of Telephone Communication Devices and Eavesdropping. Their import. - Those offences being accompanied by threats or extortion or the exploitatioRecent Criminal Matters · Source page ١٩أحداث
Principle 15Summary: - The measure of placing a juvenile in a juvenile care institution. A criminal penalty restricting his liberty. Consequence: depositing the security prescribed in Article eleven of Law 40 of 1972 concerning CaseRecent Criminal Matters · Source page ٢١- Principle 16Summary: - A juvenile who has passed 15 and has not completed 18 years of age. He may not be sentenced to death or life imprisonment. The basis: the seriousness of felonies or adoption of the concept of social defence. ARecent Criminal Matters · Source page ٢٢
- Principle 17Summary: - Article 14 of Law No. 3 of 1983 concerning Juveniles repealed Article 20 of the Penal Code. Its import. - The penalties of death or life imprisonment. Their imposition is prohibited upon a juvenile who has comRecent Criminal Matters · Source page ٢٤
- Principle 18Summary: - The maximum penalties for a juvenile who has passed 15 but has not completed 18 years of age. The judge may not exceed them. Their minimum was left unrestricted. Its import: the legislature made young age one Recent Criminal Matters · Source page ٢٦
- Principle 19Summary: - Article 32 of Law No. 3 of 1983 concerning Juveniles. Its import: referral of the juvenile to the Social Supervision Office before determining his matter. Its effect: it helps the judge render his judgment theRecent Criminal Matters · Source page ٢٨
اختصاص
Principle 20Summary: - The Kuwaiti judiciary has jurisdiction over crimes punishable under the provisions of the Penal Code whenever committed within the territory of the State of Kuwait and its dependencies, and whenever the materiRecent Criminal Matters · Source page ٢٩اختصاص دولي
Principle 21Summary: - The Kuwaiti judiciary has jurisdiction to hear offenses committed in the territory of the State of Kuwait and its dependencies whenever the material element occurs therein. Article 11 of the Penal Code. - The Recent Criminal Matters · Source page ٣١إخفاء واقعة أو تصرف بقصد التهرب من سداد المديونية
Principle 22Summary: - The material and mental elements of the offence of concealing a fact or transaction with intent to evade repayment of indebtedness. Their nature. Article 23 of Law No. 41 of 1993 concerning the State’s PurchasRecent Criminal Matters · Source page ٣٣أدوية علاجية
Principle 23Summary: - The plea of receiving therapeutic medicines containing psychotropic substances. A factual plea. It may not be raised for the first time before the Court of Cassation. The condition for the trial court to addreRecent Criminal Matters · Source page ٣٦إذن التفتيش
Principle 24Summary: - The investigator may address an arrest or search warrant to police officers without designation. Any one of them may execute it. - If the warrant expressly assigns its execution to a particular police officer.Recent Criminal Matters · Source page ٣٧إرهاب
Principle 25Summary: - The offence of organizing prohibited groups and entities. Article 30 of Law No. 31 of 1970 amending certain provisions of the Penal Code. Its nature, its material element, and participation therein. - Its estaRecent Criminal Matters · Source page ٣٩- Principle 26Summary: - The material element of the offence of financing terrorism. Article 3 of Law No. 106 of 2013 concerning Combating Money Laundering and Terrorist Financing. - Criminal intent in the offence of financing terroriRecent Criminal Matters · Source page ٤٠
أسباب الإباحة وموانع العقاب
Principle 27Summary: - Obedience to a superior does not under any circumstances extend to committing crimes. A subordinate is not required to obey his superior’s order to commit an act which he knows is punishable by law. Attempted Recent Criminal Matters · Source page ٤٢- Principle 28Summary: - An act committed by a public official while exercising his functions is not permissible unless performed in execution of an order that the law requires him to obey, while remaining within the limits of the ordRecent Criminal Matters · Source page ٤٣
- Principle 29Summary: - The legislature required that, for a medical prescription to have the effect of permitting possession and consumption of psychotropic substances, it must be issued by a physician licensed to practise medicine Recent Criminal Matters · Source page ٤٣
استئناف
Principle 30Summary: - A ruling that an appeal is formally inadmissible because it was lodged after the legally prescribed time limit. A procedural judgment. The law does not require a particular extent or form of reasoning for it. Recent Criminal Matters · Source page ٤٥- Principle 31Summary: - The appeal period is twenty days from the date of pronouncement of a judgment rendered in the presence of the accused. Article 201, Criminal Procedure. Its connection with public policy. The court rules that tRecent Criminal Matters · Source page ٤٦
- Principle 32Summary: - An appeal brought by the accused alone. His position may not be worsened. The appellate court may amend the judgment in his favor or uphold its operative part, whatever errors it contains in assessing facts orRecent Criminal Matters · Source page ٤٧
- Principle 33Summary: - The Court of Appeal may set aside the appealed judgment if it finds a substantive defect or an irremediable formal defect therein, or that it contravenes the law, whether raised by the appellant or noticed by Recent Criminal Matters · Source page ٤٩
- Principle 34Summary: - The accused’s failure to appear or his appearance before the trial court to present his defence. A matter for him. His failure to present his defence before it precludes him from raising it before the Court ofRecent Criminal Matters · Source page ٥٢
استجواب
Principle 35Summary: - If the accused confesses to committing the offence at any time, the investigator must record this in the investigation record immediately upon its being made and question him about it in detail. Article 98 of Recent Criminal Matters · Source page ٥٣استدلالات
Principle 36Summary: - A police officer's summoning of the appellant because he was accused of a crime and to question him about the accusation. This is not physical interference infringing or restricting his personal liberty. It isRecent Criminal Matters · Source page ٥٤استعمال محرر فقد قوته القانونية
Principle 37Summary: - The material element of the offense of using a document that has lost its legal force. Its existence. Through the offender performing a positive act in which he uses the document that has lost its legal force Recent Criminal Matters · Source page ٥٦- Principle 38Summary: - The material element of the offense of using a document that has lost its legal force. Use through a positive act by the offender by which he uses the document that has lost its legal force and relies on what Recent Criminal Matters · Source page ٥٨
استغلال نفوذ
Principle 39Summary: - The offence of influence peddling encompasses two matters: first, soliciting a promise or gift under the pretext that it is a bribe for a public official, with the intention of retaining it; second, solicitingRecent Criminal Matters · Source page ٦١استيقاف
Principle 40Summary: - The nature of an investigative stop. - Assessment of whether grounds for an investigative stop exist is a matter of fact. - Flagrante delicto requires external manifestations which themselves indicate the occuRecent Criminal Matters · Source page ٦٣استيلاء
Principle 41Summary: - The felony of appropriation of public funds is established whenever a public official, employee, or worker unlawfully appropriates property belonging to the State, a public authority or institution, or a compaRecent Criminal Matters · Source page ٦٥أسلحة وذخائر
Principle 42Summary: - The penalty prescribed for possessing a firearm without a license in the case of recidivism. Its nature. Articles 2/1 and 21/1-3 of Law No. 13 of 1991 concerning Weapons and Ammunition. - Article 83 of the PenRecent Criminal Matters · Source page ٦٦اشتراك
Principle 43Summary: - Complicity in an offense under Article 48 of the Code of Criminal Procedure and Trials. Its basis: agreement, incitement, or assistance. - Complicity by agreement is established through the unity of its partieRecent Criminal Matters · Source page ٦٧- Principle 44Summary: - The crime of forgery of official documents is established by the mere deliberate alteration of the truth in a document by one of the means prescribed by law, where the alteration is capable of creating the belRecent Criminal Matters · Source page ٦٨
إعاقة ذهنية
Principle 45Summary: - The offence of kidnapping. Its establishment. - Criminal intent in the offence of kidnapping. Its nature. The judgment need not address it expressly. What suffices therefor. - The offence of indecent assault. Recent Criminal Matters · Source page ٧٠اعتراف
Principle 46Summary: - A confession is an element of evidence. Its assessment and whether it was extracted by coercion are matters of fact. - The investigator conducts the investigation in the manner he considers conducive to its puRecent Criminal Matters · Source page ٧٢- Principle 47Summary: - The challenged judgment did not rely, in convicting the appellant, on his confession before the court of first instance. A challenge in this respect has no object. Reason for this. - Reliance in conviction on Recent Criminal Matters · Source page ٧٣
أعمال إجرائية
Principle 48Summary: - The police investigator’s initial involvement with the incident because it apparently constituted a misdemeanour, and his undertaking investigation, disposition and prosecution procedures under Article 9/2 of Recent Criminal Matters · Source page ٧٤إقرار
Principle 49Summary: - The offence of forgery of official papers. Its establishment. - Criminal intent in forgery is established by the perpetrator’s deliberate alteration of the truth in the document with the intention of using it Recent Criminal Matters · Source page ٧٦- Principle 50Summary: - The challenged judgment’s attribution to the appellant of what he admitted in the Public Prosecution investigations. The allegation of erroneous attribution is thereby excluded. Rule: Since examination of theRecent Criminal Matters · Source page ٧٨
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