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. تفتيش

    Principle 103Summary: - A police officer may arrest without authorization persons accused of misdemeanors witnessed in flagrante delicto. Basis. - When an offense is deemed witnessed in flagrante delicto. - A police officer's observaRecent Criminal Matters · Source page ١٥٩
  2. Principle 104Summary: - Assessment of the existence of a witnessed offence. A matter of fact. - A policeman has the right to arrest anyone committing the acts specified in Article 44/4 of Decree-Law No. 67 of 1976 concerning Traffic.Recent Criminal Matters · Source page ١٦٠
  3. Principle 105Summary: - The inviolability of a vehicle and dwelling derives from the inviolability of their owner or possessor. If the person’s liberty is lawfully infringed by arresting him, the inviolability of his vehicle and dwelRecent Criminal Matters · Source page ١٦٣
  4. Principle 106Summary: - An investigatory stop. Its nature. An act permissible for a police officer. Its limits. Article 52 of the Criminal Procedure and Trials Law. - A police officer may arrest anyone driving a motor vehicle under tRecent Criminal Matters · Source page ١٦٤
  5. Principle 107Summary: - An investigative stop is a measure taken by a police officer to investigate crimes and identify their perpetrators. Its condition. Article 52 of the Code of Criminal Procedure and Trials. - A police officer maRecent Criminal Matters · Source page ١٦٦
  6. Principle 108Summary: - Cases of arrest. What they are. - Flagrante delicto. Its cases are exhaustively specified in the Code of Criminal Procedure and Trials, Article 43 and Articles 53 to 57. However, this requires the police officRecent Criminal Matters · Source page ١٦٨
  7. Principle 109Summary: - A police officer has the right to conduct a protective search. Its rationale and condition: that it be warranted and necessitated by the circumstances of the incident, without abuse in its execution and with aRecent Criminal Matters · Source page ١٧٠

  8. تقادم

    Principle 111Summary: - Limitation of the action. Procedural in nature and related to public order. Reason: it serves the public interest, not a personal interest. Effect: its provisions must apply with immediate effect from their efRecent Criminal Matters · Source page ١٧٧

  9. تمييز

    Principle 112Summary: - The Criminal Court's ruling not to determine the civil action and relinquishing it to the competent civil court. Article 113 of the Code of Criminal Procedure and Trials. Not appealable. Effect: it may not be Recent Criminal Matters · Source page ١٨٠
  10. Principle 113Summary: - The court’s conclusion, when hearing the criminal action, that the act attributed to the accused does not constitute an offence. This requires it to acquit him and declare that it lacks jurisdiction to hear thRecent Criminal Matters · Source page ١٨١
  11. Principle 114Summary: - A cassation appeal must be formally lodged and its grounds deposited within the statutory time limit. Article 9 of Law No. 40 of 1972 concerning Cases and Procedures of Appeal in Cassation. - Appeals brought bRecent Criminal Matters · Source page ١٨٣
  12. Principle 115Summary: - The appellants’ complaint of inconsistency between judicial judgments without disclosing the nature of the inconsistency and its connection to the judgment under appeal, and stating the complaint in general, uRecent Criminal Matters · Source page ١٨٤
  13. Principle 116Summary: - The time limit for an appeal in cassation begins on the date the judgment is pronounced. Article 9 of Law 40 of 1972 concerning the Cases and Procedures of Appeal in Cassation. The condition is that the convicRecent Criminal Matters · Source page ١٨٥

  14. تهريب جمركي

    Principle 117Summary: - The penalty prescribed in Article 145 of Law No. 10 of 2003 promulgating the Unified Customs Law of the Arab Gulf Cooperation Council States for the offence of customs evasion. A principal penalty. The consequRecent Criminal Matters · Source page ١٨٦
  15. Principle 118Summary: - Customs Administration employees whom Law No. 10 of 2003 grants judicial law-enforcement status, within their competence, while performing their work, may inspect goods and search persons and what travelers caRecent Criminal Matters · Source page ١٨٧

  16. حجية

    Principle 120Summary: - Criminal courts are not bound by judgments issued by civil courts. A challenge on that basis is unfounded. An example. Rule: Whereas the challenged judgment expressed the court’s satisfaction that the offenceRecent Criminal Matters · Source page ١٩٤
  17. Principle 121Summary: - Criminal courts are not bound by judgments issued by civil courts. Rule: It is established that criminal courts are not bound by judgments issued by civil courts. The challenged judgment expressed the court'sRecent Criminal Matters · Source page ١٩٤

  18. حكم

    Principle 122Summary: - Statement of the facts of the case, its evidence, and the legal provision under which judgment was rendered. Not required for procedural judgments, such as declaring an appeal inadmissible because it was lodgeRecent Criminal Matters · Source page ١٩٥

  19. خبرة

    Principle 123Summary: - The signatures of the three-member committee’s members on the medical committee’s report, relied upon by the court of merits at both levels, where the appellant does not dispute that those who prepared and sigRecent Criminal Matters · Source page ١٩٧

  20. خصومة

    Principle 124Summary: - The administrative authority’s delay in reporting the incident and the existence of litigation between it and the appellant do not preclude reliance on its employees’ statements. Rule: It is established that Recent Criminal Matters · Source page ١٩٨

  21. خطأ مادي

    Principle 125Summary: - An error in the name of the expert appointed in the case. A clerical error. Of no consequence. What matters is the actual reality. Rule: The minutes of the appellate trial hearing dated 18/1/2012 show that thRecent Criminal Matters · Source page ١٩٩
  22. Principle 126Summary: - A purely clerical error in the ordering of the accused’s name among the accused in the case in the judgment’s preamble, contrary to the indictment. No effect. Condition: the court must be aware of the correct Recent Criminal Matters · Source page ١٩٩

  23. خطف

    Principle 127Summary: - The crime of kidnapping with intent to commit indecent assault, criminalized by Article 180 of the Penal Code. Its establishment. - The element of deception in that crime does not require fraudulent methods amRecent Criminal Matters · Source page ٢٠٠

  24. دعوى جزائية

    Principle 128Summary: - Offences for which the law requires a complaint to be submitted in order to institute criminal proceedings. They are exhaustively enumerated in Article 109 of the Code of Criminal Procedure and Trials. The offRecent Criminal Matters · Source page ٢٠٣
  25. Principle 129Summary: - The law imposes no restriction on the Public Prosecution’s freedom to initiate criminal proceedings for the offence of impugning the Emir’s rights and disparaging his person. The challenged judgment’s adherencRecent Criminal Matters · Source page ٢٠٤

  26. دعوى مدنية تابعة

    Principle 130Summary: - The general rule is that civil-rights actions are brought before the civil courts. The exception: bringing them before the criminal courts. The condition: the right claimed must concern harm caused by the crimRecent Criminal Matters · Source page ٢٠٦
  27. Principle 131Summary: - A ruling referring the civil action to the competent civil court. Article 113 of the Code of Criminal Procedure and Trials. Not appealable. Effect: it may not be challenged by cassation. Reason: where the avenRecent Criminal Matters · Source page ٢٠٦
  28. Principle 132Summary: - The ruling referring the civil action to the competent civil court, the crimes having been established against the appellant. The complaint that the civil action should have been dismissed because it had previRecent Criminal Matters · Source page ٢٠٧
  29. Principle 133Summary: - The effect of a court's assessment of evidence in one case does not extend to another case so long as it is not satisfied with the evidence presented therein. Reason: a judge trying an accused has absolute freRecent Criminal Matters · Source page ٢٠٨
  30. Principle 134Summary: - The Court of Appeal's conclusion that the offence was established against the appellant and its ruling referring the civil action to one of the competent civil circuits. His dispute concerning the absence of cRecent Criminal Matters · Source page ٢٠٩
  31. Principle 135Summary: - The challenged judgment’s conclusion acquitting the appellant requires it to rule that it lacks jurisdiction to hear the ancillary civil action and to refer it to the civil court, even if this is not stated inRecent Criminal Matters · Source page ٢٠٩

  32. دفاع

    Principle 136Summary: - A request for time to inspect and present the defence. Does not constitute a defence or plea. Granting or refusing it falls within the court’s unfettered discretion. Failure to grant it does not vitiate the juRecent Criminal Matters · Source page ٢١٠

  33. رد

    Principle 137Summary: - Repayment of the appropriated amount after the offense occurred has no effect on its existence, criminal responsibility for committing it, or the imposition of punishment, so long as the court saw no reason toRecent Criminal Matters · Source page ٢١٣

  34. رشوة

    Principle 138Summary: - The offense of bribery and its establishment on the part of a public official or a person treated as such. Its criterion. Article 35 of Law No. 31 of 1970 amending certain provisions of the Penal Code. - The pRecent Criminal Matters · Source page ٢١٣

  35. زراعة مواد مخدرة

    Principle 139Summary: - The offence of cultivating Indian hemp with intent to traffic. Constituted by cultivating a plant among those listed in Schedule No. 5 to Law No. 74 of 1983 concerning the Control of Narcotics and Regulation oRecent Criminal Matters · Source page ٢١٦

  36. زنا

    Principle 140Summary: - The offence of adultery. Article 195 of the Penal Code. Its material element is established whenever a man or woman has sexual intercourse with someone other than his or her spouse, consenting thereto. - CrimiRecent Criminal Matters · Source page ٢١٧
  37. Principle 141Summary: - Where the incident itself indicates, in a manner leaving no room for doubt, the existence of the two offences of adultery and consensual intercourse charged against the male and female accused, in a witnessed Recent Criminal Matters · Source page ٢١٨
  38. Principle 142Summary: - The offence of adultery. Institution of criminal proceedings for it is conditional upon submission of a complaint. Article 109 of the Code of Criminal Procedure and Trials. - Article 197 of the amended Penal CRecent Criminal Matters · Source page ٢٢٠
  39. Principle 143Summary: - The material element of the offense of adultery. Actual intercourse with a woman vaginally by penetration with the male organ. - Criminal intent in the offense of adultery. Established by the offender’s knowleRecent Criminal Matters · Source page ٢٢٢

  40. سرقة

    Principle 144Summary: - An abandoned movable is one its owner dispenses with by relinquishing possession with the intention of terminating his ownership thereof. Article 876/1 of the Civil Code. - Attempting to appropriate copper wirRecent Criminal Matters · Source page ٢٢٤
  41. Principle 145Summary: - Mistake as to the identity of the victim whose property was intended to be stolen has no effect on the existence of the offence of theft or criminal liability for it. Rule: The appellant’s argument concerningRecent Criminal Matters · Source page ٢٢٤
  42. Principle 146Summary: - Failure to seize the stolen property does not negate the existence of the material element of the offence of theft. - Failure to find evidence specific to the accused at the scene of the theft has no effect onRecent Criminal Matters · Source page ٢٢٥

  43. شكوى

    Principle 147Summary: - Article 109 of the Code of Criminal Procedure and Trials. Its import. Offences for which initiating criminal proceedings requires a complaint are exhaustively listed. The reason. - Abduction of a female is amoRecent Criminal Matters · Source page ٢٢٧
  44. Principle 148Summary: - Reporting by every person who witnessed the commission of a crime or learned of its occurrence is incumbent upon that person, immediately, to the nearest police or investigation authority. Article 14 of the CrRecent Criminal Matters · Source page ٢٢٩

  45. شيك

    Principle 149Summary: - The crime of issuing a cheque without existing and disposable funds to cover payment. A misdemeanour. Law 84 of 2003 amending certain provisions of Law 16 of 1960 promulgating the Penal Code. Its consequence: Recent Criminal Matters · Source page ٢٣١
  46. Principle 150Summary: - The drawer’s voluntary delivery of the cheque to the payee. Its effect: the cheque’s value belongs to the payee. The cheque is regarded as an abstract legal act separate from the preceding legal relationship. Recent Criminal Matters · Source page ٢٣٢
  47. Principle 151Summary: - Article 237 bis/A of the Penal Code. Its import: the criminal action prescribed in Article 237 of the same Code shall not be instituted if the victim fails to submit his complaint to the Public Prosecution witRecent Criminal Matters · Source page ٢٣٣
  48. Principle 152Summary: - The Code of Procedure. Its application in cases where a judge is disqualified from hearing the case. Article 173 of the Code of Criminal Procedure and Trials. - A judge is disqualified from hearing a case whenRecent Criminal Matters · Source page
  49. Principle 153Summary: - A judge’s prior issuance of a judgment in the case before adjudication on its merits that does not reveal the direction of his opinion on the merits of the case. This is not a ground for his disqualification, Recent Criminal Matters · Source page
  50. Principle 154Summary: - The appellant’s failure to object before the court of first instance to the particulars of the indictment or to any formal error or other defect which he considers to have affected it and to request that courtRecent Criminal Matters · Source page
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