Courts, judicial principles, and enforcement

Statement by an Accused Against a Co‑accused in the Same Charge Is Unlawful

The study examines reliance on a co‑defendant’s statement in a single charge and finds such a statement does not constitute conclusive legal evidence. Where the accused denies the charge and no conclusive proof is produced, the trial court’s acquittal should remain undisturbed.

Review of Request to Dismiss Cassation Appeal Due to Reconciliation

A brief summary of the effects of filing a request to dismiss a cassation appeal due to reconciliation between the parties and the procedures before the cassation panel. This is a general educational summary and not judicial text or legal advice.

Permission for Cassation and Appealability of Court of Appeal Judgments After the Civil Procedure Amendment

The study summarizes how the amendment effective 16/4/2024 requires permission for cassation of Court of Appeal judgments when the claim value does not exceed 20,000 dinars, and clarifies that the claim value is fixed at the judgment date.

Civil Procedure Law — Effect of Leave to Appeal in Cassation (Article 191)

Article 191 addresses the timing consequences of granting leave to appeal in cassation, imposing a short filing period that applies to every cassation appeal based on that leave, whether initial or repeated.

Invalidity of an Accused’s Statement for Lack of Understanding of Rights — Code of Criminal Procedure

The study outlines when an accused’s statement is void for failure to inform the accused of legal rights—notably the right not to answer except with counsel under Article 63—and the limits on using one accused’s statement against another under Article 148(2).

Magistrates' Courts Law: Appeal of Decision Dismissing an Objection and Court Duties

An appeal against a decision dismissing an objection is treated as encompassing the challenged judgment and does not render the settlement judgment immune from appeal. Service at the address relied on by the objector is legally effective.

Weight of Prior Judgments, Judicial Presumptions, and the Decisive Oath

This study summarizes rules on using prior judgments as judicial presumptions, the limits of their probative weight, the inadmissibility of a decisive oath when a sufficient presumption exists, and adjusting attorney fees according to each party's gains and losses.

Magistrate Courts Law: Effect of Objection Rejected on Form and Procedural Acceptance of Appeal on Appeal Scope

A brief summary of how a late objection and procedural acceptance of an appeal affect whether the appeal can address the judgment's substance.

Civil Procedure Law: Joinder (Intervention) Request

A brief summary explaining the ancillary nature of joinder requests, their fee exemption under Article 114/1, the interest requirement, and procedural effects when judgments are annulled.

Civil Procedure: Invalidity of Examining a Single Expert in Multi-Expert Expertises

The summary stresses that each expert must be examined individually in multi-expert expertises; otherwise the procedure is invalidated and the expert report cannot serve as a basis for judgment.

Actual Insolvency, Economic Activity, Successive Losses and the Financial Estate

تمييز حقوق هيئة عامة رقم 58/2025

A brief summary of how the insolvency law applies to natural and legal persons who conducted economic activity, the test for actual insolvency, the insolvency agent’s role and the preliminary procedures. It also notes the procedural nature of the period in Article 7(b).

Reopening the Case: Procedural vs Substantive Grounds

The study examines the appellate court's duty to decide the merits when annulment is based on substantive grounds and the prohibition on remanding to the magistrate court under Article 10(b)(1) of the Magistrate Courts Law.