Session on Tuesday, January 2 2024
Headed by Judge Ahmed Abdullah Al-Mulla, “Head of the Department” with the membership of Judges Mohamed Ahmed Abdul Qadir and Al-Tayeb Abdul Ghafour Abdul Wahab
(1-2) ‘Reasoning defects contradict the grounds for the judgement’
(1) The contradiction of the judgement's reasons is one of the defects in the reasoning of the judgment.
(2) The appealed decision's presentation of facts unrelated to the subject matter of the case is a violation of the law, lack of reasoning and corruption of reasoning that requires cassation.
1. The judgement is deficient if the court's reasons contradict each other, are inconsistent, incoherent, vague, ambiguous and incoherent, indicating a misunderstanding of the elements of the fact from which the conviction was derived. Making it impossible for the Court of Cassation to properly supervise the elements mentioned in the judgement and their instability, which makes it impossible for it to determine on what basis the trial court formed...