Session on Tuesday, November 12, 2024,
Headed by the Judge Ahmed Abdullah Al-Mulla, ‘Head of the Department’, and with the membership of Judges Muftah Salim Saad Al-Obeidi and Jalal Mohamed Ezzat Hijazi
(1-3) Appeal verdict in cassation Appeal in favour of ‘Law’ ‘Appeal: Appeal Dismissed’
1. The Public Prosecution appeals against the judgement, even if it has no special interest as an accusing authority. Permissible. Rationale. The Public Prosecution is a fair opponent who represents the public interest and seeks to fulfil the requirements of the law.
2. An appeal filed by a defendant sentenced to a custodial sentence. It shall be forfeited by failure to submit for execution before the hearing set for its consideration. The basis for that is Article 238 of the Crimes and Penalties Law.
3. Proof of execution against the appellant by imprisonment at the time the appeal is decided and before the hearing of the appeal. Its effect. The validity of the Court of Appeal's consideration of the merits of the appealed judgement dismissing the appeal for failure to exe...