Session of Tuesday, October 8, 2024
Headed by Judge Mohamed Abdel Rahman Al-Jarrah, Head of the Department
and with the membership of Judges Khalid Mustafa Hassan and Islam Abdulhadi Al-Deeb
(1-2) Judgment "Reasons for the judgment: defects in reasoning, ambiguity, vagueness, and insufficiency of reasoning." Defense "Substantive defense: effect of failure to respond to the substantive defense."
(1) The appealed decision omitted the appellant's defence and the significance of the documents he submitted regarding the re-export of the tobacco products that were the subject of the charges and their failure to enter the country or be stored for a period of twelve months, or responded to them as they stood. Insufficient reasoning.
(2) The judgment should not be marred by generality, vagueness or confusion indicating a flaw in its reasoning, so that its correctness cannot be distinguished from its corruption in the application of the law and the Court of Cassation is unable to exercise its supervision over the trial court's understanding of the facts of the case. This h...