Reasoning for criminal judgments

  • Mohsen Hassan Al-Dawi Department of Criminal Law, Faculty of Law, Al-Zaytouna University, Tarhuna, Libya
DOI https://doi.org/10.58916/alhaq.v12i2.368
Published: 2025-08-07
تحميل pdf (Arabic)
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Abstract

The reasoning for a criminal judgment must be sufficient and clear, allowing the Court of Cassation to monitor the correct application of the law. Reasoning is the only way to ensure that the judge has applied his or her mind to the case, weighed the evidence presented by the prosecution and the defense's arguments, and issued a judgment based on a firm conviction, not a mere impression. Reasoning for judgments is not merely a formality; it is a fundamental guarantee of criminal justice. The judgment must include in its grounds a narrative of the facts of the case, a presentation of the evidence relied upon by the judge to form his or her opinion, and a statement of the legal provisions applied to the incident. This reasoning must be logical and understandable, meaning that there must be no contradiction between the reasons presented by the judge and the conclusion he or she reached. Inadequate, ambiguous, or inconsistent reasoning is one of the most important reasons for overturning a judgment. A judgment that does not clearly state the reasons that led to the defendant's conviction, or that relies on legally inadmissible evidence, is void. In this context, the right to defense is the primary focus around which the reasoning must revolve. The court must respond to the essential arguments presented by the defendant, otherwise its judgment will be flawed. It can be said that the reasoning for a criminal judgment is a mirror that reflects the judiciary's commitment to the principles of justice. It is the tool that enables the convicted person to understand the reasons that led to their conviction, thus enabling them to exercise their right to appeal the judgment on a valid basis.

Keywords: Causation criminal judgments lawsuit judge right to defense

How to Cite

Mohsen Hassan Al-Dawi. (2025). Reasoning for criminal judgments. Al-Haq Journal for Sharia and Legal Sciences, 12(2), 374-395. https://doi.org/10.58916/alhaq.v12i2.368
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Issue

Vol. 12 No. 2 (2025): v12i22025

Section

Articles

Author Biography

  • Mohsen Hassan Al-Dawi, Department of Criminal Law, Faculty of Law, Al-Zaytouna University, Tarhuna, Libya

    Name: Mohsen Hassan Al-Dhawi

    Title: Faculty Member, Faculty of Law, Department of Criminal Law, Al-Zaytouna University

    Academic Degree: Assistant Lecturer

    Date of Birth: 1987, Tripoli

    Phone Number:

    0917996678

    Academic Email: m.aldhawi@azu.edu.ly

    Academic Qualifications:

    1. Bachelor of Laws, Faculty of Law, Al-Zaytouna University, 2008-2009 academic year, with a good grade.
    2. Master's Degree in Criminal Law, Faculty of Law, Alexandria University, Arab Republic of Egypt, 2019 academic year, with a very good grade.

References

1.
First: Books
2.
Ashraf Gamal Qandil, The Freedom of the Criminal Judge to Form His Conviction, Criminal Evidence, Dar Misr Publishing, Cairo, First Edition 2022.
3.
Amin Mustafa Muhammad, Distinguishing between Fact and Law in Appeal by Cassation, University Publications House, Alexandria, 2012.
4.
Al-Hadi Bu Hamra, A Summary of Libyan Procedural Law, Tripoli International Scientific Library, Fourth Edition 2022.
5.
Hatem Bakkar, The Accused's Right to a Fair Trial, Mansha'at Al-Maaref, Alexandria, without mention of the edition number and year.
6.
Raouf Obeid, Principles of Criminal Procedure in Egyptian Law, Dar Al-Jabal for Printing, Cairo, Seventeenth Edition 1989.
7.
Raouf Obeid, Controls for the Reasoning of Criminal Rulings and Orders to Dispose of Investigations, Dar Al-Fikr Al-Arabi, Cairo, Third Edition 1986.
8.
Zaghloul Al-Balshy, Opposition to Criminal Rulings, Mansha'at Al-Maaref, Alexandria, without mention of the edition number, 1998.
9.
Saad Salem Al-Asbali, Criminal Procedure Law in Comparative Jurisprudence and Judiciary, Dar Al-Fadhil Printing House, first edition 2013.
10.
Suleiman Abdel Moneim, Invalidity of Criminal Procedure, Alexandria University Press, 2015, without mentioning the edition number.
11.
Salah Abdel Hamid Mahmoud, Controls for the Reasoning of Criminal Rulings and Disposal Orders in Investigations into Public Money Crimes, Alexandria University Press, first edition 2017.
12.
Awad Mohamed Awad, General Principles of Criminal Procedure Law, Alexandria University Press, without mentioning the edition number and year.
13.
Abdul Raouf Mahdi, Reasoning for Criminal Rulings, Methods of Appealing Them, and Problems of Enforcement, Dar Al-Ahram Publishing, Mansoura, Second Edition, 2024.
14.
Abdul Raouf Mahdi, Criminal Evidence, Dar Al-Ahram, Cairo, First Edition, 2023.
15.
Ali Masoud Muhammad, Explanation of the Libyan Civil and Commercial Procedure Code, Martyrs of the Five Press, First Edition, 2007.
16.
Abdul Rahman Muhammad Abu Tuta, Explanation of the Libyan Criminal Procedure Code, Part Two: Trial and Methods of Appealing Rulings, Dar Al-Rawwad, Tripoli, First Edition, 2017.
17.
Omar Issa Al-Faqih, Reference in the Controls of Reasoning for Criminal Rulings, Modern University Office, Alexandria, First Edition, 2004.
18.
Faiza Younis Al-Basha, Libyan Criminal Procedure Code According to the Latest Rulings of the Supreme Court, Part Two, First Edition, 2009.
19.
Imad Al-Faqih, Simplified Criminal Procedure Law, Dar Al-Ahram, Cairo, first edition 2024.
20.
Mamoun Muhammad Salama, Criminal Procedure in Libyan Legislation, Part Two: Trial, Judgment, Procedural Defects, and Methods of Appealing Rulings, Dar Al-Kutub Press, Beirut, first edition 1971.
21.
Mahmoud Abd Rabbuh Al-Qablawi, Adaptation in Criminal Cases: A Comparative Study, Dar Al-Fikr Al-Jami'i, Alexandria, first edition 2003.
22.
Muhammad Ramadan Bara, Explanation of the Libyan Penal Code, General Section, Part Two: General Provisions of Punishment and Precautionary Measures, Al-Wahda Library, Tripoli, second edition 2021.
23.
Muhammad Ramadan Bara, Explanation of the Libyan Narcotics and Psychotropic Substances Law, Al-Wahda Library, Tripoli, second edition 2024.
24.
Muhammad Ali Suwailem, Criminal Evidence via Electronic Means, Dar Al-Matbou'a Al-Jami'iah, Alexandria, 2020, without mentioning the edition number.
25.
Muhammad Eid al-Gharib, The Criminal Judge's Freedom to Convince Certainty and Its Reasoning in the Reasoning for Criminal Rulings, Dar al-Nahda al-Arabiya, Cairo, 2008.
26.
Mustafa Magdi Harjah, Evidence in Criminal Matters, Dar al-Matbou'at al-Jami'ah, Alexandria, 1992.
27.
Musa Masoud Arhuma, General Provisions of the Libyan Penal Code, Part Two: Punishment and Precautionary Measures, Dar al-Fadhil Publishing, Benghazi, Third Edition, 2024.
28.
Musa Masoud Arhuma, The Intermediary in Explaining the General Provisions of the Libyan Criminal Procedure Code: Trial and Appeal of Rulings, Part Two, Dar al-Fadhil Publishing, Benghazi, First Edition, 2022.
29.
Muhammad Zaki Abu Amer, Evidence in Criminal Matters: A Jurisprudential and Practical Attempt to Establish a General Theory, Dar al-Faniya Publishing, Alexandria.
30.
Nouri Muhammad Masoud, The Discretionary Power of the Criminal Judge in Assessing Punishment and Its Legal Limits, General Printing Company, Tripoli, First Edition, 2022.
31.
Second: Letters.
32.
- Saleh Ali Maatouq, "Causation of Criminal Judgments," published master's thesis, Al-Marqab University, Faculty of Law, 2011-2012.
33.
Third: Constitutions and Laws
34.
The Interim Constitutional Declaration issued in 2011.
35.
The Egyptian Constitution of 2014.
36.
The Libyan Code of Criminal Procedure.
37.
The Libyan Code of Civil and Commercial Procedure.
38.
The Egyptian Code of Criminal Procedure.
39.
The Egyptian Code of Civil and Commercial Procedure.

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