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By a decision of the Minister of Justice: an independent regulation to regulate the proceedings before the courts of appeal

By a decision of the Minister of Justice: an independent regulation to regulate the proceedings before the courts of appeal

The Minister of Justice and Chairman of the Supreme Judicial Council Dr. Walid bin Mohammed Al-Sama’ani issued a decision approving the executive bylaw of the appeals procedures, which regulates the appeals procedures, and groups its dispersal in the system, based on Article (240) of the Law of Sharia Pleadings.

The importance of the regulation  after the launching of the first phase of the activation of the appeal and near the start of the second phase, in the light of the plan set by the committee formed in the Supreme Council of the Judiciary for the gradual activation of appeal, as well as its importance in the collection of separate judgments related to the appeal in an independent regulation to facilitate specialists and litigants To know the operational procedures of the appeal and their application.

The Regulation took into account the statutory provisions, general principles and rules and the nature of the judiciary of appeal, emphasizing the provisions of Article (184) of the Shari’a Procedure Law that the rules and procedures prescribed by the courts of first instance shall apply to the courts of first instance unless the system provides otherwise, and shall apply in criminal cases. There is no special provision in the Code of Criminal Procedure and its executive regulations, in a manner that does not contradict the nature of criminal cases, according to Article (218) of the Code of Criminal Procedure.

The list, which was approved after coordination with the Supreme Council of the Judiciary, clarified a number of articles and appeals procedures, and established article V of the list of the principle of the impact of the appeal, which means that the appeal transferred the case before the Court of First Instance to the Court of Appeal as it was before the judgment, This is within the limits of the objection submitted by the applicant in his memorandum

The regulations clarify that the scope of the appeal case is not limited to all the cases before the Court of First Instance, but is limited to what is stated in the appeal note of the applications before the Court of Appeal, and also allowed the appellant against him before the end of the first hearing hearing to submit to the court a sub-appeal following the original appeal, and is removed , In a note containing the necessary data.

The list of 35 articles dealt with the procedures of appeal and scrutiny, and set out the general provisions of the appeal, and the course of the appeal case from the submission of the appeal note, and recorded in the Court of First Instance, and procedures to consider the application, and until the issuance of the judgment, and corrected and interpreted.

An explanatory memorandum has been attached to the list to clarify its intentions and to alert the points of expected problems and the way to address them.

The issuance of this regulation comes in the context of the continued interest of the Ministry of Justice to review the rules and regulations related to litigation procedures in the light of the realization of the Kingdom’s Vision 2030.


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