Session on Tuesday, 3 September 2024
Headed by Judge / Ahmed Abdullah Al Mulla, “Head of the Department” and with the membership of Judges / Mohammed Ahmed Abdul Qadir and Al Tayeb Abdul Ghafour Abdul Wahab.
(1-3) Criminal Procedures ‘Special Criminal Procedures: Criminal reconciliation: violations for which reconciliation is permissible and the effect of the reconciliation agreement. Crimes and penalties for violations against property: Breach of trust: The permissibility of reconciliation’.
1. The provisions of penal conciliation apply to the violation of breach of trust and related violations based on Article 349 of the Criminal Procedure Law.
2. Criminal reconciliation affects the expiry of the criminal case based on Article 357 of the Code of Criminal Procedure.
3. Proof of the victim's waiver of the fact of breach of trust attributed to the appellant before the Court of First Instance has the effect of enforcing it and eliminating the criminal case by waiver. The appealed judgement violated this and was flawed in the application of the law, which requires cassation.
4. Appeal against the cassati...