Ministry Services

Applications of Cassation by Written Order

The cassation may not be made as long as the resolution or judgment is able to be objected or appealed.
The cassation shall be made against the capital punishment and lifelong penal servitude automatically without request from the convicted.

Service beneficiary Categories

سهم The convicted or the money official.

سهم The personal claimant in relation to the civil obligations exclusively.

سهم Attorney General or the head of Public Prosecutions.

سهم The Minister of Justice shall be entitled to direct a written order to head of public prosecutions to present the file of a lawsuit to the court of cassation, because a procedure contracts with the law has occurred in the same or because a judgment or resolution has taken in the same in violation to the law. At such time this order shall be (Cassation by Written Order). It shall be useful for the law and may have any effect, unless it has been signed for the convicted.

Locations of rendering the service

Office of Ministry of Justice

Conditions for procuring the service

سهم The resolution of the final judgment subject matter of application shall be decisive.

سهم The cassation may not be accepted in the penal cases, excluding for any of the following reasons:

Violating the procedures that the law has necessitated the obligation thereto subject to the invalidity.
Violating the other procedures, if the litigant has requested considering the same and the court didn’t respond to him and they haven’t been correct in the subsequent stages of the trial.
Violating the law of mistake in applying or construing the same.
Violating rules of competent or exceeding the legal power by the court.
Confusion when deciding any of the requests or passing judgment in excess of requests of the litigant.
Passing two contradictory judgments on the same incident.
The judgment is free from its compulsory reasons, insufficiently thereof or obscurity thereof

Documents required

سهم The resolution of final judgment subject matter of the request and evidence that it has acquired the decisive degree (original and certified copy) in addition to the resolution issued by court of conciliation or of first instance

سهم Any related documents or instruments, upon which the request is built

سهم Receipt of collections from the court like the fees of request of Cassation by Written Order.

Procedures of rendering the service

سهم The plaintiff shall present a cassation order according to the law in the office includes its personal information, data related to the lawsuit and all details and data regarding the legal point, based upon which his request has been built.

سهم The plaintiff shall pay the request fees, receipt of collecting the fees of presenting the power of attorney in case of presenting the request by an attorney and evidence on the legal power of attorney at the accounting section in any court.

سهم The minister shall refer the request to Directorate of Legal Affairs, which studies the request, and review the case.

سهم Based upon the review of Directorate of Legal Affairs shall minister of justice shall decide the following:

Rejecting the request if it is proved that there is a procedure violates the law in the lawsuit or no resolution or judgment contradicts with the law has been issued in the same.
Issuing a written order to the head of public prosecutions to present the lawsuit to the court of cassation, if there is procedures contradicts with the law in the lawsuit, or if a resolution or judgment has been issued in the same in violation to the law; therefore, the head of public prosecutions shall present the lawsuit to Court of Cassation according to the written order rand request the dependence upon reasons mentioned for invalidating the procedure or contesting the judgment or resolution.