Explanatory Memorandum for the Executive Regulations of Appeal Procedures
Praise be to God alone, and peace and blessings be upon the one after whom there is no prophet, as for what follows:
Based on Article (240) of the Law of Civil Procedure which states: "The implementing regulations of this law are prepared by the Ministry of Justice and the Supreme Judicial Council, with the participation of the Ministry of Interior in the relevant provisions, and are issued by a decision of the Minister of Justice after coordination with the Council."
This regulation has been prepared to organize appeal procedures; thus becoming an Implementing Regulation for the articles of Chapter Two of Part Eleven of the Law of Civil Procedure, and this regulation has considered the statutory texts, general principles and rules, and the nature of the appeal judiciary, with emphasis on what is included in Article (184) of the law that the rules and procedures established before the instance first of Court apply to the appeal courts unless the law states otherwise, and their application in criminal cases where there is no specific provision in the Implementing Regulations of the Law of Criminal Procedure, and in a manner that does not conflict with the nature of criminal cases; based on Article (218) of the Implementing Regulations of the Law of Criminal Procedure.
This regulation has been singled out based on the following:
1- That paragraph number (1) of Article (240) stated that "The implementing regulations of this law are prepared by the Ministry of Justice and the Supreme Judicial Council, with the participation of the Ministry of Interior in the relevant provisions, and are issued by a decision of the Minister of Justice after coordination with the Council within a period not exceeding ninety days from the date of implementation of this law and shall not be amended except in the same manner in which they were issued, provided that the currently applicable regulations continue to be in effect as long as they do not conflict with this law until those regulations are issued." The expression (regulations) indicates the issuance of more than one regulation.
2- That the upcoming phase for the work of the appeal courts is a new phase that requires the procedures to be singled out in an independent regulation to facilitate their application, and their evaluation to consider their development or updating independently from other regulatory provisions, which limits the problems that occur when applying any new phase.
3- That the articles of appeal and its regulations are scattered in the chapters and sections of the law, and in gathering most of its provisions in an independent regulation; it facilitates for judges, litigants, and specialists to know and apply the executive procedures.
The scope of the regulation has been defined by organizing the procedures of objection by way of appeal, which start from the registration of the objection memorandum before the instance first of Court, and end with the delivery of a copy of the judgment decree issued by the appeal of Court to the convicted person, and the regulation did not address the administrative procedures related to the file Case and the endorsement of the judgment decree indicating the acquisition of the judgment's final status, and the endorsement of the copy of the judgment decree with the Enforcement Statement and its delivery to the judgment creditor; as these provisions are organized in the Judicial Documents Regulation issued by the decision of the Minister of Justice No. 2818 dated 1439/7/26 AH, and the Court Procedures Engineering Document.
This regulation has addressed the procedures of appeal in terms of review and pleading, and touched upon the general provisions in appeal and clarified the course of the appeal Case starting from the submission of the objection memorandum and its registration with the instance first of Court and the procedures for considering the claim, and ending with the Render Judgment in it, its correction, and interpretation.