Session on Tuesday, January 2 2024
Headed by Judge Mohammed Abdulrahman Al-Jarrah, “Head of the Department” and with the membership of Judges Al-Hassan Bin Al-Arabi Faidi and Muftah Salim Saad Al-Obaidi.
(1-2) Appeal against an appealed judgement. The ruling that the appeal is lapsed if the person sentenced to a penalty restricting freedom does not present himself for execution before the hearing does not apply to the prosecution's appeal.
(1) The forfeiture sanction stipulated in Article 238 of the Crimes and Penalties Law. A penalty imposed by the court on a person sentenced to a penalty restricting freedom if he fails to serve the penalty or submit for execution before the hearing of the appeal filed by the prosecution. Other than that.
(2) The appealed decision dismissed the appeal filed by the Public Prosecution, believing that the appeal was filed by the convicted person. Deficiency requiring cassation.
1. It is established – in the jurisprudence of this court – that the ruling of dismissal of the appeal, in ac...