- Appeals to the cassation Court is one of the means stipulated by law to object into the decisions and judgments issued by appeals courts, and cases are brought before it as the highest judicial authority in the Kingdom.
- Appealing criminal cases to the Cassation Court is the right of:
1. The sentenced person and the person liable for compensation.
2. The civil complainant regarding civil obligations only
3. Public prosecutor or the chief attorney general
4. The Minister of Justice has the authority to issue a written order to the chief attorney general to bring a case before the Court of Cassation for a procedural violation of the law, or for the issuance of a judgment or a decision that is not in line with the law. In such cases, it is called cassation through a written order and it shall be for the benefit of the law. , and has no impact unless it happened in favor of the person who is liable for compensation or the convicted person
Appeals of criminal cases to the Cassation Court are not allowed, except for one of the following reasons:
1 - Violation of procedures prescribed by law.
2 – Violation of other procedures if requested by the opponent to be followed and the court did not oblige and were not rectified in the subsequent trials.
3 – Violation or misapplication of the law.
4 – Violation of jurisdiction rules or the exceeding of legal authority by the court.
5 – Failing to issue a ruling into one of the requests or issuing a judgment in excess of the request put forward by the opponent.
6 – Issuance of two contradictory decisions in similar cases
7 – Absence, ambiguity or lack of adequate reasoning of the judgment
A judgment may not be brought before the court of cassation as long as it may be objected or appealed to the court of appeals.
Death sentences, hard labor for life and life imprisonment sentences are automatically appealed to the Cassation Court, without the request fo the convicted person.
Procedures for Attaining the Service:
- The convicted person or the person liable for compensation or their legal representatives submits a cassation for the benefit of the law request at the Minister of Justice Diwan through a written request directed to the Minister of Justice.
- In addition to his / her personal information and all case related information, the person submitting the request must indicate in detail the legal basis for the request.
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- The Minister of Justice refers the request to the Judicial Inspection Directorate to look into the request and review the case.
- If there was found to be no procedural violation of the law and the judgment was found to be inline with the legal provision, the Minister of Justice, and based on the review results of the Judicial Inspection Directorate, rejects the request.
- In case a procedural violation of the law was cited, or the judgment was found to be not inline with the legal provisions, the Minister issues a written order to the Attorney General to bring the case before the Court of Cassation.
- In case a procedural violation of the law was cited, or the judgment was found to be not inline with the legal provisions, the Minister issues a written order to the Attorney General to bring the case before the Court of Cassation.
- The Chief Attorney General submits the case to the Cassation Court along with the written order, and submits a request to suspend the procedures or annul the court judgment, based on the justification cited in the supporting documents.
Required Documents
- Final court judgment pertaining to the request and all that supports that the court judgment is final (original or certified copy).
- Any relevant papers or documents that form the basis of the request.
- Proof of the legality of the power of attorney in case of motion submission through a lawyer.
- Payment receipt for power of attorney issuance in case the request was submitted through an attorney.