Cassation principles Recent Criminal Matters
محكمة التمييز (حسب الغلاف) · الفترة قيد التحقق من الأصل · 216 available principles
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Principle 155Summary: - Criminal courts are of 2 levels: the court of first instance and the court of appeal. The avenues for challenging criminal judgments are opposition and appeal. - Cassation is an extraordinary avenue for challeRecent Criminal Matters · Source page ٢٤١- Principle 156Summary: - Criminalisation of acts involving attacks on the Amir's rights and powers, disparagement of the Amir's person, and affronts to the seat of the Emirate. Article 25 of Law No. 31 of 1970 amending certain provisiRecent Criminal Matters · Source page ٢٤٥
- Principle 157Summary: - The offense of impugning the rights of the Amir. Established by the offender undertaking any positive activity capable of attaining the objective targeted by the offense, with knowledge of the effect of his acRecent Criminal Matters · Source page ٢٤٧
ظروف مشددة ومخففة
Principle 158Summary: - Assessment of the grounds for leniency or their absence. An absolute power of the trial judge. Reason therefor. - The judge’s application of aggravating or mitigating circumstances. He is not required to stateRecent Criminal Matters · Source page ٢٥١- Principle 159Summary: - Reducing the legally prescribed punishment to a lesser degree. The court is not obliged to state the grounds and reasons therefor. Reason: leniency is a feeling within the judge. The law has not required him tRecent Criminal Matters · Source page ٢٥١
عرف
Principle 160Summary: - Custom may not validly be relied upon when applying the law. The court’s disregard of the appellant’s complaint concerning her belief that the first appellant had obtained the medical report as a courtesy in aRecent Criminal Matters · Source page ٢٥٤عزل
Principle 161Summary: - Imposition of the penalty of dismissal from public office. Its condition: the person sentenced to dismissal must have committed the offence while holding office; his remaining in office until judgment is delivRecent Criminal Matters · Source page ٢٥٥- Principle 162Summary: - Mitigating circumstances. Their effect on punishment. Its scope. - The criterion for imposing dismissal from office in cases where legally permissible is that the person sentenced to dismissal committed the ofRecent Criminal Matters · Source page ٢٥٦
عقوبة
Principle 163Summary: - An ineffective ground of challenge is inadmissible. An example concerning a justified sentence. - The penalty prescribed for the most serious of indivisibly connected crimes absorbs the principal penalties preRecent Criminal Matters · Source page ٢٥٧- Principle 164Summary: - The penalty of restitution is a mandatory supplementary penalty. Its purpose is to restore the thing to its original state. It is a penalty of a specific kind taking account of the nature of the offence. Its eRecent Criminal Matters · Source page ٢٦١
- Principle 165Summary: - Articles 66, 69 and 71 of the Penal Code. Their import: dismissal is an ancillary penalty mandatorily imposed upon a public employee sentenced to a felony penalty. It is prescribed without limitation and withoRecent Criminal Matters · Source page ٢٦٢
- Principle 166Summary: - Causation in criminal matters is a material relationship beginning with the act committed by the offender and connected, in its mental aspect, with the usual consequences of his act that he ought to foresee ifRecent Criminal Matters · Source page ٢٦٣
- Principle 167Summary: - Causation in criminal matters. A material relationship beginning with the act committed by the offender and connected, in its mental aspect, with the ordinary consequences of his act which he ought to foresee Recent Criminal Matters · Source page ٢٦٤
- Principle 168Summary: - Negligence or delay in treating the victim. Does not break the causal link unless it is established that it was intentional in order to aggravate liability. Disputing the existence of a causal relationship betRecent Criminal Matters · Source page ٢٦٧
عود
Principle 170Summary: - Aggravation of punishment for a recidivist accused. Conditions for its application. Article 85 of the Penal Code. Discretionary for the trial court according to what is appropriate to the circumstances of eachRecent Criminal Matters · Source page ٢٧٠- Principle 171Summary: - Law No. 84 of 2003 amending certain provisions of Law No. 16 of 1960 promulgating the Penal Code. It made the offence of giving a cheque without funds for payment and capable of being cashed a misdemeanour aftRecent Criminal Matters · Source page ٢٧١
غرامة
Principle 172Summary: - Interpretation of penal laws. Caution is required. - Clear statutory language. It must be regarded as a faithful expression of the legislature’s will, and no departure from it by interpretation or constructionRecent Criminal Matters · Source page ٢٧٥غسل أموال
Principle 173Summary: - The material element of the offence of money laundering. The criterion for its establishment. - Criminal intent in money-laundering offences. Its existence. Its inference is a matter of fact. Condition thereofRecent Criminal Matters · Source page ٢٧٧- Principle 174Summary: - The appellant's objection alleging the invalidity of the procedures undertaken by the witness for failure to seek the assistance of the Financial Intelligence Unit pursuant to Article 16 of Law No. 106 of 2013Recent Criminal Matters · Source page ٢٧٨
فاعل أصلي
Principle 175Summary: - A principal perpetrator in the offense of beating resulting in death: Where he inflicted the blow or blows that caused or contributed to death, or agreed with another to beat the victim and then participated wRecent Criminal Matters · Source page ٢٨١- Principle 176Summary: - A principal perpetrator of an offence is a person who has the intent to contribute to or intervene in it with another, in pursuit of a common purpose constituting the ultimate objective of the offence, provideRecent Criminal Matters · Source page ٢٨٢
فتنة طائفية
Principle 177Summary: - Motive or ignorance of the vocabulary and principles of the language. Does not exempt from criminal liability. The judgment under appeal contravening this. Renders it defective through faulty reasoning and arbRecent Criminal Matters · Source page ٢٨٣قائمة أدلة الثبوت
Principle 178Summary: - There is no legal impediment to the court setting out in its judgment the evidence of guilt as contained in the list of evidence submitted by the Public Prosecution. The condition for this. Rule: It is establRecent Criminal Matters · Source page ٢٨٨قانون
Principle 179Summary: - Procedural laws apply from the date they enter into force to procedures not yet completed, even if related to offences committed before their entry into force. - Laws amending jurisdiction. Apply with immediatRecent Criminal Matters · Source page ٢٨٨قبض
Principle 181Summary: - A police officer may arrest, without a warrant, persons accused of misdemeanors committed in flagrante delicto. Article 56 of the Code of Criminal Procedure and Trials. - The meaning of an offense committed inRecent Criminal Matters · Source page ٢٩٣- Principle 182Summary: - Driving a motor vehicle under the influence of alcoholic beverages, narcotics or psychotropic substances. It permits any police officer to make an arrest. Article 44 of Law 67 of 1976 concerning Traffic. RuleRecent Criminal Matters · Source page ٢٩٥
قتل عمد
Principle 183Summary: - The causal relationship is a material relationship. Its assessment. A matter of fact. Its condition. - The accused’s liability in the offence of intentional homicide for all consequences likely to result from Recent Criminal Matters · Source page ٢٩٦- Principle 184Summary: - The offence of intentional murder requires only the commission of an act against the victim which, by its nature, leads to his death, with the intention of killing him, whether death resulted from a wound to aRecent Criminal Matters · Source page ٢٩٨
- Principle 185Summary: - There is no legal impediment to considering that the perpetrator’s intent to kill arose following a momentary altercation. - States of agitation, provocation or anger do not negate the existence of an intent tRecent Criminal Matters · Source page ٣٠٢
قصد جنائي
Principle 186Summary: - Criminal intent in the crime of offending decency and public morals through audiovisual broadcasting. General intent with its 2 elements of knowledge and volition. Its existence: where the scenes, images, gestRecent Criminal Matters · Source page ٣٠٢مال عام
Principle 188Summary: - Articles 9 and 10 of Law No. 1 of 1993 concerning the Protection of Public Funds. - Property, papers, or effects encompass everything capable of monetary valuation and anything possessing moral or non-materialRecent Criminal Matters · Source page ٣٠٨- Principle 189Summary: - The jurisdictional authority of the Permanent Investigation Committee for the Trial of Ministers and thereafter the Ministers Court. Its condition: an accusation against the minister. Its establishment: a repoRecent Criminal Matters · Source page ٣٠٩
- Principle 190Summary: - The accusation and trial of ministers and the body competent to conduct such trials. Special procedural arrangements. Their basis: Law 88 of 1995 concerning the Trial of Ministers. - A grievance against an ordRecent Criminal Matters · Source page ٣١١
محاماة
Principle 191Summary: - Non-attendance of the lawyer retained by the accused and the court’s appointment of another lawyer who pleaded in the case. This does not constitute procedural invalidity or prejudice to the right of defence, Recent Criminal Matters · Source page ٣١٥- Principle 192Summary: - Non-attendance of the lawyer retained for the accused and the court’s appointment of another lawyer who pleaded for him do not constitute prejudice to the right of defence, provided that the accused did not obRecent Criminal Matters · Source page ٣١٦
- Principle 193Summary: - The judgment supplements the hearing minutes in establishing the procedures conducted before the court. - Loss of the hearing minutes after completion of the procedures and delivery of judgment is not a valid Recent Criminal Matters · Source page ٣١٧
محكمة الاستئناف
Principle 194Summary: - The appellate court may set aside the appealed judgment if it finds a substantive defect or an irremediable formal defect in it, or finds it contrary to law, whether the appellant invoked those defects or the Recent Criminal Matters · Source page ٣١٨محكمة الجنايات
Principle 195Summary: - The Criminal Court has jurisdiction over misdemeanors connected with felonies pending before it. Its jurisdiction: a fortiori, over acts submitted by the prosecuting authority to the Criminal Court as feloniesRecent Criminal Matters · Source page ٣١٩مجلس الأمة
Principle 196Summary: - Compliance is required with decisions issued by the Ministry of Information concerning the regulation of broadcasting. Article 8 of Law 61 of 2007 concerning Audiovisual Media. - Issuance of Minister of InformRecent Criminal Matters · Source page ٣٢٠مرض عقلي
Principle 198Summary: - Mental illness and equivalent conditions which exclude criminal responsibility are those capable of eliminating awareness or resulting in loss of the ability to direct the will generally. Other illnesses and pRecent Criminal Matters · Source page ٣٢٥مرور
Principle 199Summary: - The penalty of withdrawal of the driving licence of anyone who drives or attempts to drive a vehicle while under the influence of intoxicating beverages, narcotics, psychotropic substances or any other substanRecent Criminal Matters · Source page ٣٢٦مسئولية جزائية
Principle 200Summary: - Articles 2, 21 and 27/First of Law No. 3 of 2006 concerning Press and Publications. The meaning of a printed publication, a newspaper, and matters prohibited from publication. - Punishment extends to the editoRecent Criminal Matters · Source page ٣٢٨مطبوعات
Principle 201Summary: - The offence of printing any printed publication without submitting written notification to the competent ministry. Its completion: merely by making the circulated printed publication available among people indRecent Criminal Matters · Source page ٣٢٩- Principle 202Summary: - The Ministry of Information’s failure to submit a complaint concerning previous issues of the magazine printed before publication of the magazine forming the subject of the charge—assuming this to be true—doesRecent Criminal Matters · Source page ٣٣١
- Principle 203Summary: - The judgment's statement of the facts of the case, the evidence therein, and the presence of all legal elements of the offence of possessing and holding the narcotics hashish and morphine for personal use, of Recent Criminal Matters · Source page
- Principle 204Summary: - Criminal intent in the offence of sexual intercourse. Is established whenever the perpetrator commits the act constituting the offence knowingly and wilfully. Express and separate discussion of it in the judgmRecent Criminal Matters · Source page
- Principle 205Summary: - The material element of the offence of sexual intercourse. The condition for its existence: penetration of the woman through the vagina, whether penetration is complete or partial, whether the period is long oRecent Criminal Matters · Source page
- Principle 206Summary: - Criminal intent in the offence of having intercourse with a female without force, threat or deception. Its establishment. Through the perpetrator’s knowledge being directed, and his will tending, towards commiRecent Criminal Matters · Source page
- Principle 207Summary: - Freedom of thought and expression of opinion. A constitutional principle. Including the right of criticism and freedom of the press, printing and publication. Prohibition is the exception. The exception may noRecent Criminal Matters · Source page
- Principle 208Summary: - Publication offenses are not offenses in which settlement or an individual pardon by the victim is permissible. Consequence: A waiver by the victim of his rights in publication offenses has no effect on the crRecent Criminal Matters · Source page