Page 103 - مجلة المحكمة العليا السنة الأولى العدد الأول
P. 103
No. l 6 Vol. I
Principle of Law 4. Customs - Smuggling - Tariff.
Under Customs Law, smuggling
A trial court is vested with the authority of as- and attempted smuggling are
equal.
sessing the depositions of witnesses as well as sus-
taining thereof only what is to her satisfaction and Principles of Law
rejecting what is otrerwise without being obligated 1. \Whereas submission of the abridged report
of facts by the juge rapporteure is an exceptional
to indicate her reasons therefor so long as her con- proceeding without equivalent in the Penal Procedure
Code, it cannot therefore be rendered subject to the
clusion is appropriately founded upon facts on the rules of the Civil Procedure Code. Had the position
case record. been otherwise, the law-maker would, for the pur-
Arguments raised (here) by Objector deal with pose of regulating this matter, have expressly referred
to the Civil Procedure Code as it had so done in the
case merits which cannot be discussed before the case of recusance of judges. So that Article 272 of
Court of Cassation.
the Penal Procedure Code, which requires the sub-
PENAL OBJECTION FOR CASSATION mission of an abridged report for the purpose of
No. 2 - XI relation during the hearing cannot be cited here since
this Article was added undr Law 18 of 1962 and the
Decided on 25 February 1964 date of the Law mentioned is earlier than the date
on which the objectors were prosecuted and sentenced
Subject matter: under the challenged judgment.
Sustainment by a judgment of in- 2. Art. 285 of the Penal Procedure Code ex-
demnity as described by the injured pressly provides that the final text of the judgment
party is in order. itself, rather than the draft thereof, srould be signed.
Principle of Law This Article does not imply that a judgment would
be considered void unless it carries the signatures cf
An injured party may claim indemnity at his
own discretion, and the Court at her own discretion all members of the division concerned. The signature,
may decide the claim. And if the Court decides to upon the judgment, of the division chairman only
grant the claim entirely, under the description of would be sufficient to indicate that this judgement
provisionality made by the claimant, her decision was passed by the Court. Nevertheless, any judge
would be apposite.
who, for some reasons, is unable to attend the read-
PENAL OBJECTION FOR CASSATION ing of judgment, shall sign the draft thereof in in-
No. 42 - VII dication of his participation in its delivery.
Decided on 4 April 1964 3. \Where a sentence convicts a defendant of
two offences and imposes upon him one penalty bv
Subject matter:
virtue of Article 76 of the Penal Code under the as-
1. Report of the juge rapporteure
is considered an exceptional pro- sumption that the two offences are inseverably con-
ceeding without equivalent in
the Penal Procedure Code prior nected to each other, then if the said defendant is
to amendment.
cleared from one of the two offences the penalty im-
2. Sentence may be adequately
passed by the head of division posed upon him would be deemed imposed for the
only.
other offence where the same is consistent with the
3. Penalty. A single penalty may
be inflicted for two inseverably provision under which the proved offence is punish-
connected offences.
able.
4. Provisions of Customs Law appear to have
equated between smuggling, which is consummated
intent, and attempted smuggling which is a mere
attempt to smuggle and can be described as a pre-
paratory act equally punishable as smuggling under
the Article mentioned.
