المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
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Cassation principles Recent Criminal Matters

محكمة التمييز (حسب الغلاف) · الفترة قيد التحقق من الأصل · 216 available principles

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  1. إقرار

    Principle 51Summary: - The court has authority to assess the accused's statements and may penetrate to their truth without accepting their outward meaning, accepting what it trusts and rejecting the rest. - An admission need not covRecent Criminal Matters · Source page ٧٩

  2. اكتتاب

    Principle 52Summary: - The material element of the offence of fraud with intent to deceive the public into subscribing for securities. Its establishment. By the perpetrator committing any of the acts prescribed in Article 235 of theRecent Criminal Matters · Source page ٨٠

  3. امتناع عن النطق بالعقاب

    Principle 53Summary: - The challenged judgment’s application of mitigating circumstances by ordering abstention from pronouncing punishment against the appellant has no effect on ancillary or supplementary penalties, including the pRecent Criminal Matters · Source page ٨٢
  4. Principle 54Summary: - The period during which the accused is required to undertake to observe specified conditions and maintain good conduct when a decision is made to refrain from pronouncing punishment must not exceed two years. Recent Criminal Matters · Source page ٨٣
  5. Principle 55Summary: - Refraining from pronouncing punishment. Not a sentence imposing a penalty. It is a determination that the perpetrator committed the offense charged against him, that his guilt was established, and that he woulRecent Criminal Matters · Source page ٨٣
  6. Principle 56Summary: - Refraining from pronouncing punishment. Not a punishment. Its nature: a determination by the court that the offender committed the offense attributed to him and his guilt was established, requiring his punishmRecent Criminal Matters · Source page ٨٦
  7. Principle 57Summary: - Prohibition on deciding to refrain from punishment in money-laundering offenses. Basis: Article (9) of Money Laundering Law 35 of 2002 before its repeal. Rule: The challenged judgment concluded that the appelRecent Criminal Matters · Source page ٨٨
  8. Principle 58Summary: - The appellant’s request for a ruling refraining from pronouncing punishment can be considered only upon allowing the appeal and examining the merits of the case. If this does not occur, the request is inadmissRecent Criminal Matters · Source page ٨٨
  9. Principle 59Summary: - Arresting the accused after issuance of authorisation to apprehend another accused. The grounds for refraining from punishment are not established in their case. Its sufficiency to answer the plea for applyingRecent Criminal Matters · Source page ٨٩
  10. Principle 60Summary: - Refraining from pronouncing punishment. Article 81 of the Penal Code. - Refraining from pronouncing punishment is not a judgment imposing a penalty. It is a determination by the court that the offender committRecent Criminal Matters · Source page ٨٩

  11. أمر بألا وجه

    Principle 61Summary: - Procedural laws apply from their effective date to procedures not yet completed, even if relating to offenses committed before their entry into force. - Laws amending jurisdiction. Apply with immediate effect.Recent Criminal Matters · Source page ٩١

  12. أمر حضور

    Principle 62Summary: - Methods to be followed in serving documents in criminal matters. Articles 16, 17, 18, 19 and 20 of the Code of Criminal Procedure and Trials. - Service of the order to appear—the summons—on the person requiredRecent Criminal Matters · Source page ٩٣

  13. أمر حفظ

    Principle 64Summary: - A decision finally closing the investigation. Its meaning: its issuer has concluded that there is no desire to proceed with the case against the accused or that the investigation should be suspended for substaRecent Criminal Matters · Source page ٩٦
  14. Principle 65Summary: - A decision closing the investigation. It entails suspension of proceedings and suspension of the investigation until new evidence emerges requiring the investigation to be reopened and completed. The essence oRecent Criminal Matters · Source page ٩٧

  15. أهلية

    Principle 66Summary: - Appeal in criminal matters. A personal right vested in the litigant himself, exercised personally or through an agent whom he appoints for this purpose under a power of attorney satisfying its legal requiremenRecent Criminal Matters · Source page ٩٨

  16. إيداع

    Principle 67Summary: - The court's specification of the duration of a juvenile's placement in a juvenile care institution. Not required. Article 6/d of the Juveniles Law. - The placement period ends when the juvenile reaches twenty-Recent Criminal Matters · Source page ١٠٠
  17. Principle 68Summary: - Ordering placement in a treatment institution. Discretionary for the trial court. - The court of first instance’s disregard of the appellant’s request to be placed in a treatment institution because he had preRecent Criminal Matters · Source page ١٠١
  18. Principle 69Summary: - Article 33 of Law No. 74 of 1983 concerning Combating Narcotics and the Regulation of Their Use and Trade. Its import: in the offence of possession of narcotics with intent to consume them, the court may orderRecent Criminal Matters · Source page ١٠٢

  19. بث مرئي ومسموع

    Principle 70Summary: - Where criminal intent is established in the offence of affronting dignity by broadcasting a television programme. Its effect: there is no scope for examining good faith. Exception: where the attack is directedRecent Criminal Matters · Source page ١٠٦
  20. Principle 71Summary: - The constitutional principle is freedom of audiovisual broadcasting. Articles 36 and 37 of the Constitution and 1 and 11 of Law No. 61 of 2007 concerning Audiovisual Media. - Permissible criticism. Its nature.Recent Criminal Matters · Source page ١٠٦
  21. Principle 73Summary: - The offense of broadcasting audiovisual works in a public place without prior authorization from the Ministry of Information. Its commission and the existence of criminal intent and criminal liability therein.Recent Criminal Matters · Source page ١١٢
  22. Principle 74Summary: - Criminal intent in the offence of broadcasting a television programme containing polls and statistics concerning National Assembly elections without mentioning the information required by law through televisioRecent Criminal Matters · Source page ١١٤
  23. Principle 75Summary: - The trial court at both levels concluded, within its discretionary authority, that the programme presented by the second appellant and prepared and directed by the third appellant included attacks upon, ridicuRecent Criminal Matters · Source page ١١٥
  24. Principle 76Summary: - The constitutional principle: no offense and no penalty except on the basis of a law, and no punishment except for acts subsequent to the entry into force of the law prescribing them. - Matters prohibited fromRecent Criminal Matters · Source page ١١٧
  25. Principle 77Summary: - Articles 36 and 37 of the Constitution and 1 and 11 of Law No. 61 of 2007 concerning Audiovisual Media. Their import: prohibition of broadcasting anything that would disclose what takes place in a meeting or wRecent Criminal Matters · Source page ١٢٠
  26. Principle 78Summary: - Broadcasting activities may not be practised without first obtaining a licence therefor. Article 2 of Law No. 61 of 2007 concerning Audiovisual Media. - The licence applicant must appoint a general manager of Recent Criminal Matters · Source page ١٢٢
  27. Principle 79Summary: - The prohibition in Article 11/10 of Law 61 of 2007 concerning Audiovisual Media. Its nature. Its purpose: the legislature’s concern to protect persons’ dignity, private lives and religious beliefs. The effect:Recent Criminal Matters · Source page ١٢٤

  28. تحريات

    Principle 80Summary: - The challenged judgment did not rely on police inquiries; the expressions it quoted from the witness were merely part of his testimony in which it had confidence, without the inquiries themselves constituting Recent Criminal Matters · Source page ١٢٨

  29. تربح

    Principle 81Summary: - The offence of profiteering from official duties. Article 48 of Law 31 of 1970 amending certain provisions of the Penal Code. Its nature: a public official or a person treated as such obtaining or attempting tRecent Criminal Matters · Source page ١٢٨
  30. Principle 82Summary: - The offense of illicit gain criminalized by Article 12 of Law No. 1 of 1993 concerning the Protection of Public Funds. Its establishment. - Criminal intent in the offense of illicit gain. Its inference is a maRecent Criminal Matters · Source page ١٢٩

  31. ترصد

    Principle 83Summary: - Premeditation. Its nature. Article 159 of the Penal Code. The longer the time between the motive for killing and its occurrence. Presumption of the circumstances of premeditation. - Lying in wait means the perRecent Criminal Matters · Source page ١٣٠

  32. تزوير

    Principle 84Summary: - The document constituting the subject of forgery: its nature: any writing containing signs conveying a coherent meaning communicated from one person to another upon reading it, and capable of being used to indRecent Criminal Matters · Source page ١٣٢
  33. Principle 85Summary: - The crime of forgery. Its establishment. - The bank’s provision to the account holder of a credit card and a personal identification number for withdrawing cash automatically from the bank’s machines designateRecent Criminal Matters · Source page ١٣٤
  34. Principle 86Summary: - The court's omission to inspect the document forming the subject of the forgery action when hearing it vitiates the trial proceedings. Reason: it is an essential trial procedure because that document is the evRecent Criminal Matters · Source page ١٣٥
  35. Principle 87Summary: - The investigation record. May be relied upon against the person whose name is assumed therein. - The accused’s mere changing of his name in the investigation record. Does not constitute forgery if he intended Recent Criminal Matters · Source page ١٣٦
  36. Principle 88Summary: - The absence or non-seizure of the forged document does not necessarily entail failure to establish the offense of forging it. The determining factor is the existence of evidence. The court may form its convictRecent Criminal Matters · Source page ١٣٧
  37. Principle 89Summary: - Forgery of official documents. Its establishment. Motive is immaterial, even if no particular person suffers harm. Reason: alteration of the truth inevitably harms the public interest through tampering with ofRecent Criminal Matters · Source page ١٣٨
  38. Principle 90Summary: - Forgery of bank papers and participation therein are constituted merely by fraudulently altering the truth therein by the means prescribed by law, with the intention of altering the document’s content so that Recent Criminal Matters · Source page ١٤١
  39. Principle 91Summary: - Punishment for forgery of an official document concerns the perpetrator’s deliberate alteration of the truth in the document by one of the means prescribed by law. Articles 257 and 259 of the Penal Code. The cRecent Criminal Matters · Source page ١٤٢
  40. Principle 92Summary: - What is required for a paper to have official status: its author must be a public official competent to draw it up and confer official status upon it, or intervene in drawing it up or endorsing it in accordancRecent Criminal Matters · Source page ١٤٣
  41. Principle 93Summary: - The court’s own inspection, in the parties’ presence, of the forged document at issue in the case is an essential trial procedure in forgery offences. Its omission vitiates the trial proceedings. Punishing theRecent Criminal Matters · Source page ١٤٤
  42. Principle 94Summary: - A public official’s deliberate failure to record particular information that he was required to record. When this constitutes forgery under Article 257 of the Penal Code, known as forgery by omission: where thRecent Criminal Matters · Source page ١٤٥
  43. Principle 95Summary: - The crime of forgery of official papers or attempted forgery thereof. Its establishment. - Criminal intent exists where the perpetrator deliberately alters the truth with the intention of using it for the purpRecent Criminal Matters · Source page ١٤٧

  44. تزييف

    Principle 96Summary: - The offense of counterfeiting banknotes criminalized by Article 263 of the Penal Code. Committed by imitation or forgery, whatever the alteration. Their meanings. Provided that this is done with intent to use Recent Criminal Matters · Source page ١٤٩
  45. Principle 97Summary: - The offence of counterfeiting banknotes. Article 263 of the Penal Code. Constituted through imitation or forgery. Their nature. The challenged judgment need not expressly and separately address the existence oRecent Criminal Matters · Source page ١٥٠

  46. تسهيل الاستيلاء على مال عام

    Principle 98Summary: - The offence of facilitating the unlawful appropriation of public funds. Article 10 of Law No. 1 of 1993 concerning the Protection of Public Funds. Its commission: through any act performed by a public officialRecent Criminal Matters · Source page ١٥١

  47. تسوية المبالغ المستحقة على استهلاك الكهرباء والماء

    Principle 99Summary: - Settlement of amounts due arising from electricity and water consumption. Article 4 of Law 48 of 2005. Its meaning is that the Ministry may, at the consumer’s request, enter into a settlement with him if he paRecent Criminal Matters · Source page ١٥٤

  48. تعدي

    Principle 100Summary: - Conviction of the appellant on the charge of assaulting a public official and resisting him by force during and because of their duties under Article 116 of the Penal Code, repealed by Law 31 of 1970 amending Recent Criminal Matters · Source page ١٥٥

  49. تفتيش

    Principle 101Summary: - A police officer at a checkpoint, upon stopping the appellant, who is wanted for arrest, may search him as a precaution before he enters the police patrol vehicle. Finding psychotropic substances in the pocketRecent Criminal Matters · Source page ١٥٦
  50. Principle 102Summary: - The officer involved in the incident lawfully arrested the appellant and conducted a protective search of him. Finding nothing on him requiring a further search of his private car. This requires limiting the sRecent Criminal Matters · Source page
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