Summary of the judgment

In light of the history of proceedings of this case in which the court of first instance held that the defendant was not guilty with respect to the fact charged in the information only in the "reasons" part of its judgment, while it found another fact that was regarded in the information as being included in the charged fact and therefore constituting an accumulative crime with the charged fact and held the defendant was guilty with regard to that other fact, and then, only the defendant filed a koso appeal against the judgment of first instance, it is beyond the bounds of the authority bestowed on the koso appeal court and therefore unallowable for that court to, upon quashing the judgment of the first instance on the ground that it was in violation of the provisions of the first part and the second part of Article 378, sub-para. 3 of the Code of Criminal Procedure, and remand the case to the court of first instance on the ground that there is room for finding the defendant guilty with respect to the facts for which the defendant was found not guilty in the "reasons" part of the judgment of first instance.


http://209.85.229.132/search?q=cache:r7HfW3SasJgJ:www.courts...

MK

--------------------------------------------------
Note added at 10 mins (2009-08-17 07:40:19 GMT)
--------------------------------------------------

http://www.google.com.eg/url?sa=t&source=web&ct=res&cd=8&url...


--------------------------------------------------
Note added at 11 mins (2009-08-17 07:41:33 GMT)
--------------------------------------------------

http://books.google.com.eg/books?id=vUdATgr_Or0C&pg=PT291&lp...