series of thousand questions
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Simple questions and answers
opiate analgesics
Non-opioid analgesics
stimulant drugs
hallucinogenic drugs
Drugs can also be divided into
Natural drugs: such as hashish, opium, tobacco, datura and hallucinogenic fungi
The abuser shall be punished with imprisonment for a period of two years, and he shall be reprimanded in the eyes of the legal ruler, and he shall be expelled from the country if he is a foreigner.
The penalty for the crime of drug trafficking is up to life imprisonment, and it may be the death penalty if the crime of drug trafficking has already been convicted.
Objection list in a drug case
Objection to the possession ruling
In addition to a list of objections to the rule of abuse
Drug sentence appeal
Form of objection to judgment
According to Article No. (205) of the Saudi Code of Criminal Procedure , a request for reconsideration can be submitted in a newspaper filed with the court that issued the judgment, and then the newspaper must include a statement of the judgment requested to be reviewed, as well as the judgment number and date, and mention the reasons for the objection.
If the judgment was issued by the Court of Appeal or the Supreme Court , then the court that issued the judgment submits a statement of reconsideration of the judgment to the court that upheld the judgment, and in these cases the court shall prepare a decision accepting or rejecting the request.
Many of the judicial rulings that are issued may be based on proving the defendant’s guilt, on evidence that the ruling clearly contradicts the evidence of non-conviction.
It may be that the accused was harmed by a decision issued and caused harm to him without being represented in the case, but the judgment is material or moral harm, so that person has the right to object to it.
When the judge issues the judgment, the convict has the right to file an objection to the judgment in the case record, on behalf of a lawyer who is capable of writing objections to judicial judgments.
Submit the objection list within a period of (30) days from the date of receiving a copy of the instrument
The objector can submit a number of objection regulations during the objection period
If the convict decides to accept the judgment issued by the court, he has the right, before taking his signature in the record of the case, to withdraw from the acceptance of the judgment and to request that his objection be registered.
If the judge sets a specific time for the convict to attend and receive a copy of the deed, and the convict does not attend, the objection period starts from this date.
The responsible party must bring the convict to receive a copy of the deed, as well as bring it to submit an objection list
If the convict objects and refuses to sign the seizure, the judge records this in the seizure, and if the objector appears during the objection period and signs, a copy of the deed is given.
The objection list, when submitted to the court, must be signed by the objector
Finally, the list is submitted to the court administration
There is a so-called objection list about the judicial ruling according to the text of the Saudi law on the judgment of drug possession, where this list is presented not to cover up or deny the charge of the convicted person, but there may be reasons for acquittal or even to reduce the sentence .
Possession of narcotics, as its meaning came in the anti-narcotics system in the Saudi regime, means: “Seizing narcotics or psychotropic substances by way of possession or jurisdiction .”
Example: You may find in someone’s possession a large amount of drugs and they admitted to possessing it for the purpose of personal use, and the intent was not to promote and there was no intent to promote it. But the possessor of drugs divides them into small bags. Is this the intent and the promotion of drugs? .
Here, the eminent judge will sentence the accused to the penalty of possession of drugs with the intent of promoting, so distributing them in small bags is evidence indicating that the intent is to promote, and some judges may see proof of possession without proving its intent, and conviction may be proven with possession with the intention of personal use, because if the evidence touched on the possibility fell inference .
According to Article 3 of the Law of Criminal Procedure, which states that no penal penalty may be imposed without proof of guilt .
The penalty for possessing drugs with the intention of promoting as stated in Article No. (37) is for a period of no less than five years and not more than ten years, and flogging for no more than fifty lashes each time, in addition to a fine of between one thousand and fifty thousand Saudi riyals .
The penalty for possessing narcotics for personal use is in accordance with Article No. (41) of the Law on Combating Narcotics and Psychotropic Substances, provided that he shall be punished with imprisonment for a period of no less than six months and not exceeding two years .
An objectionable list in which the annulment of the judgment of the accused and the innocence or the reduction of the penalty for the accused is presented, where the facts of the case are concluded according to what is evident from the vocabulary of its papers.
One of the most important reasons that prompt the client to ask the lawyer to write an objection statement is that the accused may be compelled to do so, or he may have done this work for material or moral reasons.
The lawyer reads the judgment carefully. There are reasons for the objectionable regulation book set by Saudi law, which are
The first precedent must be drug of abuse or possession, and the convict must not have any provisions for smuggling, abuse, or even promotion of these substances previously.
That the convict is not wanted in other cases
That the case (drug use or possession) is not associated with another crime of the moral type
And that there is no connection between the accused and drug possession or abuse
Appeal means the decision issued by the Court of First Instance and is subject to appeal .
The appeal publishes the case again, and the appellant has the right to present whatever defenses he wants in support of his right within the appealed decision .
Appeal Request: It is a request in which judgments issued by the courts of the first instance are reviewed by the courts of the second instance, for the purpose of verifying their validity by scrutinizing them or hearing the statements of the litigants again .
Hence, if one of the litigating parties decides to appeal a court decision, the appeal petition must be submitted to the same court that issued the final ruling, within thirty days from the date of the final decision .
Here the verdict is directed to the Court of Appeal .
At the request of the master…..who resides in …….and at the request of the lawyer, Mr.…… located in …….
The appellant filed Case No…. For the year……..a student, at the conclusion of the newspaper it opened, was sentenced to …………
On…../…../….. the Court of First Instance ruled the final judgment .
Whereas, this ruling was in violation of the law for the following reasons :
Article /240/ of the Shari’a pleadings system stipulates the executive regulations governing the appeal procedures. She stressed the importance of adhering to the deadlines and deadlines for submitting the appeal
Therefore, the judgment must be decided within less than 20 days from the submission of the appeal. Or the objectionable list, except for urgent cases, which are considered within a period of 10 days from the date of submitting the list
And here it becomes clear to us that the transaction or case must take place on appeal. Usually a period of 20 days from the date of making the objection note in ordinary cases. And usually within a period of 10 days from the date of submitting the appeal memorandum in urgent cases. We have written for the benefit a detailed topic about how long the case sits in the Court of Appeal in the Kingdom of Saudi Arabia
The text of the Law of Criminal Procedure and Legal Pleadings has the right to object to judicial rulings issued
Article (193, 201, 202) of the Law of Criminal Procedure stipulates determining the cases in which an objection can be submitted and the judgment is reversed.
Article No. (174) of the Patriarch’s Pleadings Law stipulates that: [It is not permissible to present an objection to the judicial rulings of those who have been adjudicated with all of his requests, unless the system stipulates otherwise.
It is permissible to object to:
Every verdict issued in the crime of conviction
Every ruling issued against the book
Every ruling issued in violation of the Sunnah
Every judgment issued in contravention of the regulations relating to the jurisdiction of the Court
The judgment or the legal decision is carefully read, checked and compared with the requests of the objection list with the judgment, and does the judgment include all the requests of the objector or not?
Did the ruling include [the criminal description in all its bluntness, which has been proven to the merit of the case examiner]
When writing the objection list, the court’s final decision number, date, name of the accused and the accusation must be mentioned, in addition to what are the reasons for objecting to the judgment
In the event that the convict is absent from the Governing Council, the court sets a date for depositing the ruling in the case file, and through this date the objection period begins in accordance with the text of Article No. (57). The circuit sets a date for receiving a copy of the judgment, in accordance with Article No. (166). If the objection period has expired and the convicted person has not submitted the objection, he acquires the final judgment.
The convict can waive the objection during the statutory objection period, thus it is possible to file a memorandum of waiver of the objection, and this is based on what was stated in Article No. (165), which states “The person with the right to object shall submit a memorandum containing his waiver of the appeal request with the court administration.
It is not permissible to object to the judgment of the person against whom all his requests have been judged, based on Article No. (177) which states: “It is not permissible to object to the judgment except the convicted person, or the person for whom all of his requests have not been judged, unless the system stipulates otherwise.
Based on Article No. (70): If the judgment is based on conciliation or agreement between the litigants, they have no right to object or appeal against the judgment
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