Session on Tuesday, April 30, 2024
Headed by Judge Ahmed Abdullah Al-Mulla, ‘Head of the Department’ with the membership of Judges Mohamed Ahmed Abdul Qadir and Al Tayeb Abdul Ghafour Abdul Wahab
(1-2) ‘Law on the applicability of the law in terms of time’ The law can only apply to what occurs from the date of its entry into force and the exceptions to this. Ruling ‘Reasoning flaws: Error in applying the law’.
1. Provisions of laws. They shall apply only to what occurs on the date of their entry into force without any effect on what occurred before that date unless otherwise stipulated. It is permissible in non-penal matters to issue a law that applies retroactively in penal matters by increasing the penalty or criminalising a fact. Impermissible. The basis for that.
2. The registration and description of the case against the appellant under the articles of Law No. 30 of 2021 on combating narcotic substances and the issuance of the judgement against him in application thereof, despite the fact that the act attributed to him was proven to have occurred before the issuance and entry into forc...