Session on Monday, 16 September 2024
Headed by Judge / Falah Shaye Al-Hajri, ‘head of department’ and with the membership of Judges / Juma Ibrahim Mohammed Al-Otaibi and Al-Tayeb Abdul Ghafour Abdul Wahab.
(1-3) Criminal Procedures ‘The Power of Declaratory Judgements: the authority of criminal judgements before personal status courts’
1. A final criminal judgement of acquittal is an authority that the personal status courts are bound by in matters that have not been decided by a final judgement, as long as the acquittal is based on the absence of guilt or insufficient evidence. The force of res judicata is a conclusive legal presumption that cannot be reversed. An acquittal judgement is based on the fact that the incident is not punishable by law. A judgement of acquittal is based on the fact that the incident is not punishable by law.
2. Authority of judgements. The court shall rule on its own motion, but it may be defended in any state of the case, because it relates to public order, protects the public interest and prevents conflicting rulings. The origin of this is from the Sunnah and i...