The Supreme Court is not – according to the original or the rule – a court ruling in the litigation, but rather a complaint against the court that issued the contested judgment, as it prosecutes the judgment in terms of the validity of the application of legal and legal rules and their interpretation, as well as in terms of the procedures followed in the trial, Without interfering with the facts or the evidence.
However, as a violation of this principle or rule, the Supreme Court commences its work as a court that is the subject of border cases “killing, cutting, stoning, or retribution in the self or below the soul.” Therefore, it is correct to say that border issues look in terms of the legal and legal facts and rules applied in the Kingdom in front of three degrees, and that it isA judge in these cases has three degrees and not two degrees, as is the case in most comparative systems, and this reflects the Kingdom’s interest in human rights, especially the rights related to the personality, and at the same time refutes all intended or false allegations that suggest that the Kingdom does not observe these rights.
The seat of the Supreme Court:
According to the judicial system, there is one Supreme Court at the top of the judicial organization in the Kingdom, located in the city of Riyadh.
Formation of the Supreme Court:
The Supreme Court consists of a president and a sufficient number of judges of the rank of chief justice of an appeals court.
The new judicial system has created a public body for the Supreme Court that is chaired by the President of the Court and the membership of all its judges. To establish general principles in matters related to the judiciary, and to consider issues that the regulations provide for consideration by the general assembly. This is undoubtedly a unique qualitative shift that helps the judges a lot, by referring to these principles in the event that a court order is formed against them.
The general assembly shall not be convened unless it is attended by at least two thirds of its members, including the president or his representative.
The decisions of the General Assembly are issued by the majority of the attending members, then the equality of opinions favors the side with which the chair voted, and its decisions are final.
Appointment of members of the Supreme Court
Appointment of the President of the Court:
The President of the Supreme Court is named by Royal Order.
His rank shall be at the rank of minister and his service shall not be terminated except by royal order.
It is required that he fulfill the conditions required to fill the rank of President of the Court of Appeal.
In his absence, the oldest chiefs of the Supreme Court departments act for him.
Appointment of Court Judges:
The nomination of members is by royal order based on the proposal of the Supreme Judicial Council.
It is required that they fulfill the conditions required to fill the rank of President of the Court of Appeal.
Mechanism of the Supreme Court’s Work:
The Supreme Court shall exercise its competencies through specialized departments (the body that sits to hear cases) as needed, each consisting of three judges except for the criminal department that examines the rulings issued for killing, cutting, stoning, or retribution in the soul or below it, It consists of five judges, and each department shall have a president.
The president of each Supreme Court department and its members shall be named by a decision of the Supreme Judicial Council based on the proposal of the President of the Supreme Court.
The Supreme Court shall have a sufficient number of employees, including researchers, technicians, administrators, writers, registrants, and others, as needed.
Each of the departments of the Supreme Court shall be held under the chairmanship of its president and in the presence of all its members. If one of them is absent or has been done by a blocker, he shall appoint the president of the Supreme Court in his stead to one of the members of the other departments of the court.
If one of the departments of the Supreme Court deems – in the case of a case it is considering – a departure from a principle that was previously adopted by him or another department in the same court in previous cases, or if one of the departments of the Court of Appeal saw a reversal of a principle previously taken by one of the Supreme Court departments in cases Precedent, and the matter will be referred to the President of the Supreme Court for referral to the General Authority of the Supreme Court for adjudication.
Supreme Court Chambers:
Due to the large number of cases that the Supreme Court specializes in, multiple constituencies are formed according to the need to work in and these cases are distributed to them. The departments in the Supreme Court are arranged and formed, and the cases they hear are determined by a decision of the Supreme Judicial Council based on the proposal of the President of the Supreme Court.
Thus, we find departments for legal and penal cases and personal status, as we find commercial and labor departments. But it is nothing more than an internal distribution of labor for court judges. Each department is considered a part of the court that exercises its jurisdiction, which is granted to it by the system.
Therefore, if a suit is brought before another department, then it will not be adjudicated in its lack of jurisdiction; Because the system complicates the jurisdiction of the entire court, it only orders that the case be referred to the department assigned to it, and this is called an internal or administrative referral.
The objectives of the Supreme Court:
The judicial system aims to make the Supreme Court a single body on top of the judicial organization in the Kingdom to:
1. Monitor the integrity of the application of Islamic Sharia law and the regulations issued by the guardian that do not contradict them, in cases that fall within the jurisdiction of the general judiciary.
2. Directing the organizer’s attention to some of the deficiencies that exist in the existing systems, in a way that preserves the public interest of society and its sanctity, and in a way that guarantees individuals their rights and freedoms.
The jurisdiction of the Supreme Court:
The jurisdiction of the Supreme Court is restricted in terms of the following cases:
The first case:
Review border issues “killing, cutting, stoning, or retribution Of the self or below the soul.” In this case, the court commences its work as a trial court and is not a court of application of the system, and it must follow the same procedures that the trial court follows according to the type of lawsuit, then it examines it in the same way, and within the same limits, and it has the right to confront defendants other than the ones who brought the case against them, or for other facts other than Assigned to them.
The Supreme Court introduces the topic in border cases and Jubei La passport. It is stipulated that the ruling that the appeal was accepted must be between the litigants themselves and on the same charge. The regime mandated a third trial with the knowledge of the Supreme Court in border cases, “killing, cutting, stoning, or retribution in the self or below the soul.”
The second case:
Monitoring the judgments issued by the courts of appeal regarding:
- The issuance of the ruling by a court that is not properly formed according to what is stipulated in the law.
- Judgment issued by a court or an unspecified department.
- The error in adapting the incident, or describing it incorrectly. In this case, the Supreme Court is considered to be a court of application of the system, not a trial court, and this is the general rule in its jurisdiction.
The third case:
Consideration of requests to resume the litigation after writing off the case for the second time as a result of the plaintiff’s absence from the hearings and his failure to present an excuse accepted by the court hearing the case.
Deciding on requests to seek reconsideration of judgments issued by it. Therefore, pictures:
- If the judgment was based on false papers after the judgment forged, or was based on a certificate issued by the competent authority after the ruling – that it is a false testimony.
- If, after the judgment, the petitioner obtained conclusive papers in the lawsuit, he would have been unable to present it before the judgment.
- If fraud is committed by the opponent, he will influence the judgment.
- If the verdict decides something that the litigants did not ask for or spent more than they requested.
- If the judgment operative contradicts each other.
- If the judgment is in absentia.
- If the judgment is passed against a person who was not properly represented in the lawsuit.
- Anyone who deems the judgment an argument against him and who has not entered or entered into the lawsuit has the right to seek a review of the final rulings.
Conditions for cassation appeal:
- That the appellant (plaintiff) have an interest in the appeal.
- That the adjective is available in both the plaintiff (and the plaintiff) and the one who is challenged against it (the defendant), meaning that the appeal is submitted by those who claim to themselves the right of the one who attacked or threatened to attack him.
- That the appellant (plaintiff) not have accepted the judgment explicitly or implicitly.
- The appeal must be filed by the statutory deadline.
- That the object of the appeal is the rulings issued by the courts of appeal.
It is not permissible to object to the rulings issued before deciding on the case and the litigation of all or some of them does not end, except with objecting to the ruling issued in the matter.
- It is permissible to object to the judgment issued to discontinue the lawsuit, and to the temporary and urgent rulings and rulings issued for lack of jurisdiction before the ruling on the matter.
- The objection to the temporary and urgent provisions and the enforceable judgments shall not result in the suspension of their execution.
Reasons for cassation appeal:
The judiciary system, legal arguments and criminal procedures have identified four reasons for cassation appeal, all of which relate to the deficiencies upon which appeals may be made based on judgments issued by the courts of appeal regarding:
- breach of Islamic Sharia provisions and the regulations issued by the guardian that do not contradict them.
- The issuance of the ruling by a court that is not properly formed according to what is stipulated in the law.
- Judgment issued by a court or an unspecified department.
- The error in adapting the incident, or describing it incorrectly.
These reasons are listed exclusively. It is not permissible to appeal the cassation except on the basis of one of them, however the appellant may base his appeal on the judgment on more than one reason thereof.
Whoever is entitled to appeal the cassation:
In legal, commercial, labor and personal cases: It is
not permissible to object to the ruling except the convicted person, or whoever has not ruled all his requests, unless the system provides otherwise.
In criminal cases:
Both the public prosecutor, the convict and the plaintiff in the private right, have the right to challenge the cassation appeal before the Supreme Court over judgments and decisions issued or confirmed by the appellate courts, whenever one of the reasons for the appeal becomes available.
period of cassation: The period of objection to the request for cassation is thirty days.
Exceptions to the rulings issued in urgent matters shall be fifteen days.
The date for the cassation appeal begins : The date for objecting to the verdict judgment begins from the date of submitting the copy of the verdict of the verdict to the convict and taking his signature in the seizure, or from the date specified for receiving it if he does not appear.
The date for objecting to the judgment in absentia or the judgment issued as an audit before the Supreme Court starts from the date of notification to the convicted person or his representative.
If the convicted person is imprisoned or arrested, the authority responsible for him must bring him to the court to receive a copy of the ruling instrument within the period specified for receiving it, as well as bring him to submit his objection within the period specified for submitting the objection.
If the objector does not file his objection within thirty days, the judgment issued by the Court of Appeal or its supporter of killing, stoning, cutting, or retribution within or below the soul must be submitted to the Supreme Court – even if one of the litigants did not request that – immediately after the end of the mentioned period above.
Stop the period of cassation appeal:
The validity of the objection period shall cease with the objector’s death, by losing his eligibility for litigation, or by the demise of the character of the person who was engaged in litigation. The stay shall continue until the judgment is communicated to the heirs or their representatives or the bidder shall be removed.
Penalty for breach of the cassation appeal date:
If the objector does not file his objection during the time of the appeal, his right to request the cassation shall be forfeited.
Cassation Appeal Procedures:
An objection is made to the cassation appeal, by a note filed with the administration of the Court of Appeal that issued or confirmed the ruling. The Appeals Court administration shall record the objection memo on the day of its filing in the relevant record, and submit it along with a copy of the case and all documents to the Supreme Court within a period not exceeding three days from the date of the end of the objection period.
Attachments of the cassation appeal must be deposited with the appeals newspaper the following annexes:
A copy of the newspaper according to the number of persons contested, as well as a copy of the court administration.
A note explaining the reasons for the appeal contained in the newspaper, including the data related to the names of the opponents, the title of each of them, the statement of the objected judgment, its number and date, the reasons on which the objection was based, the objector’s requests and signature, and the date of filing the objection memo. However, the memo may be satisfied with just referring to the appeals newspaper if it is sufficient in the eyes of the appellant.
A copy of the appealed court ruling.
Copy of the civil ID for the Saudis and the residence permit for non-Saudis.
Certified power of attorney from the appellant to his representative with the competent writer if the power of attorney is in the litigation.
The documents supporting the appeal, unless deposited in the case file in which the contested judgment was issued, and the appellant referred to it in the appeal newspaper or the explanatory note.
Appeal cassation newspaper announcement:
The minutes or the plaintiff – depending on the case – deliver the copy of the case sheet to the defendant within fifteen days at most from the handing over to him, unless a hearing has been scheduled for hearing the case occurring during this date, then the handover must take place before the session, all with Take into account the time of attendance.
Consideration of cassation appeal:
With the exception of cases of murder, stoning, cutting, or retribution in or out of the soul or less, the Supreme Court considers the formal requirements for the objection, relating to the statements of the opponents, the objection judgment, the reasons on which the objection was based, the requests of the objector, his signature, and date Deposit of the objection memo, and whether it was issued by a person who has the right to request a veto (objection), and then decides to accept the objection or not to accept it in form.
If the court considers the procedure for filing an appeal to be invalid or for one of its conditions to be null and void, such as the fact that the right to challenge the deadline for acceptance of the deadline, acceptance of the judgment or residency has been lost on a reason other than the grounds on which the cassation may be appealed, then it issues an independent decision not to accept the appeal and the cassation dispute is terminated.
If you verify the correctness of the procedures and the availability of the conditions for appeal, it will decide on the object of the objection on the basis of the documents contained in the file, without addressing the facts of the case.
Symptoms of the course of the cassation appeal litigation:
There is no way to cross off the cassation appeal litigation; Because the rule is that the court hears the appeal without pleading, without the need for the litigants to appear.
The rules of an endowment do not apply to the cassation appeal, as the rules of their conduct are suspended by public order.
It is inconceivable to stop the litigation of cassation appeals criminally because it is not related to the matter, with the exception of cases of murder, stoning, cutting or retribution in the breath or less.
The appeal of the cassation is based on the force of the system, if a request for rejection of one or more judges is made in the department that hears the appeal.
The authority of the court to contest the cassation appeal:
- In terms of the contested judgment: The scope of the cassation litigation is limited to the judgment that is the subject of the appeal without other judgments.
- The scope of the cassation litigation is limited to the contested part of the ruling, and not to others.
- The scope of the cassation litigation is limited to the substantive requests in which the contested judgment was decided.
In terms of the grounds on which the appeal is based: the scope of the cassation litigation is determined by the reasons stated in the appeal, but this does not prevent the appellant to adhere to new reasons or arguments that he had not previously adhered to before the trial court and the contested judgment on his reasons was not based on it.
The appellant may adhere to causes that were not mentioned in the appeals newspaper, and the court may order the annulment of judgment on its own based on reasons that the appellant has not adhered to, as long as these reasons are related to public order, provided that these reasons are related to the judgment or to the part of the contested judgment In it, it is equal to this reason being related to the matter or procedures.
Ruling on cassation appeal and its effects:
If the court is not convinced of the reasons on which the objection was based, it shall uphold the ruling.
If the court is satisfied with the reasons on which the objection was based, it will revoke the ruling in whole or in part – according to the case – with mentioning the document.
The revocation of the judgment shall result in the cancellation of all decisions and procedures subsequent to the annulled ruling whenever that ruling was the basis for it.
Cases in which the Supreme Court must decide on the matter:
Judgments issued by the courts of appeal in border cases “killing, stoning, cutting, or retribution of the self or below it”. These judgments are not final until after they have been endorsed by the Supreme Court. Support for the death penalty is only conditional.
If the judgment is overturned for the second time – and the case in its proper condition is valid for judgment – it must rule on the matter.
Source: Ministry of Justice Saudi Arabia