Supreme Court and cassation requests
Disclaimer: This is a legal article that provides information that does not replace consulting a competent lawyer to help you and for more accurate information.
Will the Supreme Court consider cassation requests if there is no objection to the first instance ruling between the Public Prosecution and the defendant and there is no pleading before the appeal?
Yes, the case is brought before the Supreme Court even if the Public Prosecution or the convict does not object, whenever the death sentence was issued or supported by the Court of Appeal. But this is not based on a request for cassation submitted by one of the opponents, but rather it is a mandatory lifting of the ruling by virtue of the regime.
According to Article 194 of the Code of Criminal Procedure: “If the death sentence is issued… It must be submitted to the Court of Appeal for review even if no party requests it Therefore, the failure of the prosecution or the defendant to object does not prevent the first instance ruling from being transferred to the Court of Appeal for scrutiny.
The absence of a pleading before the Court of Appeal does not prevent this procedure either; Article 197 made setting a hearing for pleading a matter left to the discretion of the Court of Appeal if it considered hearing the case as pleading, and it also permitted its consideration based on the file papers. Accordingly, the Court of Appeal may examine the ruling based on the case file without holding a pleading session.
After the Court of Appeal issues its ruling or decision upholding the murder sentence, it must be brought to the Supreme Court. Article 199 states: “The death sentence issued by or supported by the Court of Appeal must be lifted… To the Supreme Court – even if no party requests it – immediately upon the expiry of the aforementioned period
Article 10 also stipulates that murder sentences issued by or upheld by the Court of Appeal shall not be final until they are upheld by the Supreme Court.
Exact conclusion:
- No objection from the Public Prosecution or the convict is required.
- You do not need to have had a case before the Court of Appeal.
- The first instance judgment must first be submitted to the Court of Appeal for due review.
- Then, if the appeal issues a death sentence or upholds it, it must be brought before the Supreme Court.
- The Supreme Court does not consider the ruling of the court of first instance directly; rather, it considers the ruling issued by or upheld by the Court of Appeal.
References
- Article 194 of the Code of Criminal Procedure
- Article 197 of the Code of Criminal Procedure
- Article 199 of the Code of Criminal Procedure
- Article 10 of the Code of Criminal Procedure
- Article Eleven of the Judicial Law
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