مكتب الاستشارات القانونية واعمال المحاماة المستشار القانونى ابراهيم خليل و الأستاذ خالد إبراهيم المحامي بالاستئناف

استشارات قانونية جنائية ومدنية واحوال شخصية وعمل وقضاء ادارى

Provisions set aside in appeal

First, the proper time:
Summary:
Proved that the last day of the appeal deadline marks the holiday effect: extension of the Promised for the next day violation of that error of law requires the patch to accept the veto and appeal form.
Block error the court's consideration of the appeal subject of his influence?

Rule:
In that it shows the power of the contested that the foundations of His decree not to accept the appeal form the appellant to raise it after the time to say "that the securities firm in sentencing the appellant 23/4/1996 was decided to appeal the appellant may challenge the report was deposited under the Registry in the District Court on 4 / 5 / 1996 ie after the expiry of the legal Promised a ten days from the date of appellant's sentence without an acceptable excuse, "because it was the securities firm that the sentence the appellant had repulsed on 23/4/1996 and was the tenth day of the appointment the day of appeal falls on 3/5/1996 Jumaa, an official holiday, the convict appellant appealed the sentence, as in 4/5/1996, the day following the holiday on Friday, the appeal may be encountered Promised legal set by the first paragraph of Article 406 of the Code of Criminal Procedure and the award shall be contested as spent not to accept the appeal form has erred in applying the law, which requires the disadvantage and undone and corrected to accept the appeal form and what was legal error may withhold the trial court for her to say on the subject of the appeal, it must be coupled with a veto by reference.
(Appeal No. 25790 of the session in 66 BC 17/10/2006)

Second: The view and the rule:
A summary:
Resumption of the Public Prosecutor for the rule of absentee fall if canceled or amended in opposition a reason for that: the lack of integration between the two provisions and to consider the latter provision as if it alone of the case.
Elimination of the impugned decision to accept the resumption of the Public Prosecutor for the rule of absentee form in spite of the opposition in the cancellation error of law requires the veto and the patch.

Rule:
As the public prosecutor appealed the ruling and that the primary absentee, but it did not appeal the ruling of the opposition and the government, who spent the partial cancellation of public action and the expiration of the lapse of time. As was to be a law that the resumption of the Public Prosecutor for the rule of absentee fail if canceled this provision or amended in opposition Lnh cancel judgment or modify the verdict in the opposition does not happen integration between these two provisions, but is the final arbiter as if alone of the case and the true law subject to challenge and then appeal the ruling being appealed, as he spent the resumption of the Public Prosecutor to accept the rule of primary absentee form despite the repeal of the opposition may have erred in applying the law requires, including undone and corrected and eliminate the fall of the resumption of the public prosecutor.
(Appeal No. 17355 for the year 67 BC session 01/02/2007)

2 Abstract:
Jurisdiction of the Court of Appeal to accept the form of his influence: the exhaustion of its mandate for the form of appeal, with a return to his address, offense, the error in law. Its impact?

Rule:
Where it shows that the securities of the second instance court ruled in absentia hearing ... ... ... ... .... Loses the right of the accused to appeal As opposed appellant, court documents showed on the vocabulary of a session ... ... ... ... ... accept the appeal form and before the chapter on the subject appointment of an expert to perform the Tax Office indicated rule in question and after that was deposited with the expert's report ruled session ... ... ... ... .... . Judgment contested the admission of opposition in form and subject, and by refusing to support the provision of exhibitions in which the fall of the appeal. This was what the Court of Appeal by eliminating the acceptance form has been exhausted its mandate in relation to the form of an appeal as long as the prosecution did not re-started, which refrain them back with him to address him.
The court however has addressed again to the form of an appeal that ruled to reject the opposition and upheld the opposition in which of the fall of the appeal, they have erred in law enforcement error blocked from the view of the merits and fails this Court about the report Bray as raised by the appellant generally obituary it which requires reversal contested and return.
(Appeal No. 15276 for the year 67 BC session 02/28/2007)
3 summary:
Inadmissibility Adharh appellant on his appeal alone. The basis of that?
Penalty is increased by the launch of res judicata for the deposit. Line in the law. Veto and requires correction.

Rule:
Due to the appellant not prejudiced stabbed him pursuant to as required by the third paragraph of Article 417 of the Criminal Procedure Code and the verdict was being appealed was the penalty called for under the appellant from the Court of first degree criminal verdict was contested was the penalty called for under the appellant from the Court of first degree firing duration of placement based on his appeal alone, it is like to be violating the law, which may be authorized for this court to correct this error.
(Appeal No. 29223 for the year 67 BC session 15/04/2007)

4 Summary:
Lesson in passport appeal the penalty prescribed by law. Not required by the court, including the judiciary is not permissible to appeal the judge fined the primary contestant two hundred pounds in the crime of manslaughter after his error in the law?

Rule:
As the verdict was contested spent not be the resumption of the accused on the basis that the court of first instance sentenced to a fine not exceeding three hundred pounds. Whereas Article 402 / 1 of the Code of Criminal Procedure replaced by Law 174 of 1998 states that "each of the accused and the Prosecutor General to resume the rulers issued in the criminal case from the District Court in misdemeanors, however, if the verdict was issued in a misdemeanor punishable by a fine not exceeded three hundred pounds, as well as reply and expenses may not be appealed only to break the law or error in the application or the interpretation or the occurrence of the invalidity of the rule or in the proceedings after the verdict. to the effect of this text that the lesson is in the passport appeal the penalty prescribed in the law not to the requirements of the Court, The penalty for the crime of manslaughter assigned to the appellant in accordance with the text of the second paragraph of Article 238 of the Penal Code is imprisonment for not less than one year nor more than five years and a fine of not less than one hundred pounds and not exceeding five hundred pounds or either penalty if the crime occurred as a result of prejudice offender is a serious breach, including imposed upon the assets of his job .... ", the verdict being appealed, as he spent the inadmissibility of the appeal based on his claim that the Court of First Instance ruled that a fine of not more than three hundred pounds, be a mistake in the application of Article 402 / 1 of the Code of Criminal Procedure mentioned enough to warrant rescinded and the court had failed to discuss the form of an appeal without being exposed to the merits of the case which he must be coupled with a veto power to repeat.
(Appeal No. 71300 for the year 74 BC session 18/04/2007)

Third fall:
Summary:
Vested in the fall of the appeal: the lack of progress of the implementation of the convicted person before the meeting.
The fall of the government to resume his or her contestant number to the court in two consecutive error in the application of the law.
Block error the court's consideration of its impact topic?

Rule:
Whereas Article 421 of the Criminal Procedure Code stipulates that "drops the appeal submitted by the accused sentenced to a penalty of restricted freedom and enforceable if it has not progressed for implementation before the meeting" has made the fall of appeal vested in not to offer the convicted person for implementation before the meeting she reported it, but drops his appeal when had been made for implementation at the time of the appeal on his case on the day of the session as long as the implementation it became a matter of fact prior to the consideration of appeal, and that without any consideration of whether the dominant power on the Implementation Ataktt before the execution procedures before the meeting or later, or they stayed in its duty to do so after the put himself at their disposal as it was the ruling referred to had spent the fall of the resumption of the appellant, despite his appearance in two consecutive sessions, it may have erred in the application of the law and must therefore be set aside and for the court because of this error may have obscured themselves from the research subject of the appeal, it must be with the veto power to refer the case to them to determine the subject matter.
(Appeal No. 2775 of 69 s session 14/05/2007)

ibrahimkhalil

المستشار القانوني إبراهيم خليل محام بالنقض والدستورية والإدارية العليا عضو اتحاد المحامين العرب عضو الجمعية المصرية للقانون الدولي عضو جمعية الضرائب المصرية عضو جمعية إدارة الأعمال العربية والأستاذ خالد إبراهيم المحامي بالاستئناف موبيل 01005225061 - 01021141410 القاهرة مصر

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المستشار القانونى ابراهيم خليل

ibrahimkhalil
المستشار القانوني إبراهيم خليل بالنقض والدستورية والإدارية العليا الاستاذ خالد ابراهيم عباس المحامي بالاستئناف عضو اتحاد المحامين العرب عضو الجمعية المصرية للقانون الدولي عضو جمعية الضرائب المصرية عضو جمعية إدارة الأعمال العربية موبيل 01005225061 01021141410 القاهرة مصر »

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المستشار القانوني إبراهيم خليل محام بالنقض والدستورية والإدارية العليا عضو اتحاد المحامين العرب عضو الجمعية المصرية للقانون الدولي عضو جمعية الضرائب المصرية عضو جمعية إدارة الأعمال العربية  موبيل 01005225061   تليفون 23952217 القاهرة مصر