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Main Page / Legislations / Law no. (23) for 2004 Regarding Promulgating the Criminal Procedure Code / Chapter I / Issuance of Judgment/the sentencing
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Law no. (23) for 2004 Regarding Promulgating the Criminal Procedure Code

Law Summary Record Type: LawNumber: 23Date: 30/06/2004 Corresponding to 13/05/1425 HijriNumber of Articles: 449Status: In force
Official Gazette :Issue: 12Offcial Journal Issue Publication Date: 29/08/2004 Corresponding to 14/07/1425 HijriPage from: 752
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Issuance of Judgment/the sentencing

  • 230 Article

     The court shall not abide by what is recorded in the primary investigation or in the minutes of collected evidence unless the law states otherwise.

  • 231 Article

     The court shall abide by what is recorded in the minutes issued in violation cases, as to facts affirmed by the competent judicial officers, until proved otherwise.

  • 232 Article

     The judge shall decide the case according to the belief he has arrived at with his full discretion. Nevertheless, he shall not base his judgment on any evidence not presented before him in the hearing or illegally obtained.
    Any statement proved to be obtained by the suspect or witnesses under duress or threat shall not be relied upon.

  • 233 Article

     The judgment shall be pronounced in an open hearing, even if the case was considered in camera. It should be recorded in the minutes of the hearing and signed by the chairman of the hearing and the clerk of court.
    The court may order to undertake the necessary measures to prevent the suspect from leaving the courtroom before pronouncing the judgment or to guarantee his attendance at the hearing to which the judgment is adjourned. The court may issue a temporary detention warrant for the suspect if the crime may be punished by precautionary detention.

  • 234 Article

     If the crime is not proved, or it is not punishable by the law, the court shall acquit the suspect and release him if he is detained or has lack of freedom in accordance with a measure imposed.
    If the crime is proved and constitutes a punishable act, the court shall decide to impose both the penalty and procedure, or any of them, on the suspect in accordance with the provisions of the present Law.

  • 235 Article

     The suspect shall not be adjudged on an incident other than that stated in the referral writ or the summons, and no adjudication shall be made on a person other than the suspect against which the case is instituted.

  • 236 Article

     The court shall state in its judgment the accurate legal description as to the incident attributed to the suspect, and it may amend the indictment by adding the aggravating circumstances in accordance with the investigation result or from the evidence at the trial.
    The court shall notify the suspect of this change or modification and grant him a period of time to prepare his defense, if he so requests.
    The court shall also correct any material mistake and rectify any oversight in the indictment wording in the referral order or in the summons.

  • 237 Article

     The minutes of the hearing and the judgment complement each other in affirming the trial procedures and information of the judgment preamble except date thereof

  • 238 Article

     The judgment shall include the reasons on which it has been grounded. Each conviction judgment shall state the punishable fact giving rise to the penalty or the measurement, its circumstances, the evidences from which the court extracted the conviction, and the provision of  the law according to  which the judgment was made.

  • 239 Article

     The court shall decide on all claims and defenses submitted by the parties, and clarify the reasons.

  • 240 Article

     Judgments shall be issued by a majority of the opinions, except with regard to the death penalty judgment which shall be issued unanimously. If no consensus is reached, then the death penalty shall be substituted by life imprisonment. The giving of opinions shall start with the newest judges followed by the oldest ones and then the chief of the hearing

  • 241 Article

     The judgment shall be fully executed with its reasoning eight days as from the date of its issuance, and shall be signed by the chief and the clerk of the issuing panel. If the chief is unable to sign it, then one of the judges who participated in issuing the judgment shall sign it. If the judgment is issued by the misdemeanor court and the judge who pronounced it has issued the reasons thereof in his own writing, the chief of the Court of First Instance may sign the original copy of the judgment himself, or delegate one of the judges to sign. If the judge did not write the reasons in his own handwriting, then the judgment shall become null and void.
    If unsigned the judgment shall become null and void, save in the case of an acquittal, after the expiry of fifteen days as from the date of being pronounced.
    The clerk shall give any person concerned, upon his request, a certificate indicating that the judgment was not signed in the time stated in the previous paragraph.

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