Please enable JS

Provisions that must be enforceable as soon as they are issued

Provisions that must be enforceable as soon as they are issued

Provisions that must be enforceable as soon as they are issued

2020-10-19/Common Legal Questions

The following judgments must be executed immediately if they are present, even if they are appealed by appeal
1- Verdicts issued on acquittal, whether in absentia or considered in presence or in presence.
2 - Judgments issued in the presence of suspended imprisonment and intended to be executed immediately is for the accused to be released.
3 - Judgments issued in the presence of a fine or expenses, whether it was adjudicated alone or with other punishment such as imprisonment and confiscation.
4- Judgments issued in presence of imprisonment if they are included in temporary enforcement, such as the judgment in presence of the accused in custody for six months with imprisonment and enforcement.
5- Judgments that the court is silent about stipulating its temporary enforcement when the law stipulates that they are immediately enforceable, and the court did not provide a guarantee to stop their implementation, such as judgments in the misdemeanor of total theft as the Penal Code stipulates that judgments issued in this crime are obligatory Implementation.
6- Imprisonment judgments issued if a bail is estimated to stop the execution and the bail was not provided, then the judgment shall be enforced against the convicted person with the ability to appeal against him with an appeal if he so desires. If the convicted person or his family submitted the bail stipulated in the ruling after that, then he is accepted and released immediately. It goes without saying that the stay of execution here depends on making the appeal within the legal time limit. If the judgment is not appealed, the judgment shall be executed despite the payment of the bail. Noting that if the convict was unable to pay the bail and was sent to the prison with the execution form, then in the case of paying the bail after that, his release will be with the knowledge of the prison and not from the public prosecutor's office.
7- Judgments issued by the appellate misdemeanor courts or from the criminal courts and supreme state security courts are final judgments that are enforceable upon issuance. Appealing it by way of cassation does not result in stopping its execution unless it was issued by death sentence. Likewise, a request for reconsideration of it does not entail a stay of execution of the judgment unless it was issued by death.
8- Judgments issued other than imprisonment, fine and expenses such as removal, demolition, closure and confiscation may not be executed until after they have become final.
9 - Preliminary and subsidiary judgments are enforceable immediately because they cannot be appealed before deciding on the merits of the lawsuit. An exception to this is the rulings issued to refuse the plea of ​​lack of jurisdiction based on the fact that the court does not have the jurisdiction to rule in the lawsuit, because since its appeal is permissible and the law does not stipulate that it must be implemented immediately, then its implementation must be suspended by stopping the course of hearing the case until the appeal deadline ends without filing it or It is separated if it is lifted.
10 - In the event that the misdemeanor court issued a judgment in absentia and the convicted person was notified personally, then this judgment becomes like the judgment in presence if a period of ten days lapses following the announcement of the ruling without the convicted person challenging it in opposition, and the judgment becomes enforceable. Likewise, the judgment is considered in presence if the convicted person submits an objection to it, and the court has ruled the opposition by not accepting it in form, or considering it as if it was not, or by rejecting it as a subject and confirming the opposing judgment.
Judgments shall be enforceable immediately in cases where the law requires this, even if they were issued in presence of the first.
11 - Judgments deemed in attendance according to Articles 238,239,241 of the Code of Criminal Procedure shall not be executed except after the deadline for the opposition or for the opposition to be decided if it was raised - and this is in the event that the appeal to it is not permissible, but if the appeal to it is permissible, it is not executed until after The expiry of the deadline for the appeal or the decision on the appeal if it is filed - unless it is among the judgments that must be executed immediately even with the appeal.
12 - Article 392 of the Code of Criminal Procedure stipulates that all punishments that can be executed shall be executed from the judgment in absentia issued for a felony, such as fines, confiscation, closure, deprivation of guardianship, deprivation of rights and benefits, and the like, whether they are described as original, ancillary or complementary penalties. As for the freedom-restricting penalties and the death penalty, the convicted person is never executed in his absence. If the convicted person appears in his absence or was arrested before the penalty is extinguished by the lapse of the period and the case is reconsidered before the court and ruled in his innocence, or by a judgment that does not entail all or some of these penalties, then the prosecution offices must restore the situation to what it was as much as possible.
13 - Here is a special exception for sentencing a member of the armed forces or students of military colleges and institutes in the army to imprisonment with bail and the convicted person has not performed the bail. There is no possibility to implement the penalty mentioned against him except after the judgment has become final, as there is no fear of the convict escaping from the execution of the judgment as long as he In ensuring his military system.


More From Common Legal Questions