Session on Tuesday, July 23, 2024
Headed by Mr Judge Mohammed Ahmed Abdelkader, "Head of the Department" and the membership of Judges Al-Hassan Ibn Al-Arabi Faidi and Al-Tayeb Abdul Ghafour Abdul Wahab
(1-2) Appealing judgements Appeals against criminal judgements may not be appealed by the civil claimant.
1. An appeal against a criminal judgement by the civil Appellant is limited to the civil case and does not affect the criminal case. An appeal against the judgement by a civil Appellant who did not file a civil claim before the court of first instance is not permissible. Reason for this is Article 233 of the Crimes and Penalties Law.
2. Proof that the Appellant did not have civil litigation over the defendant before the court of first instance means that the Appellant's appeal against the decision is impermissible and that the appealed decision is accepted and the penalty decision is amended in favour of the defendant without ruling that it is impermissible has the effect of nullifying the appealed decision and requires its reversal.