Judicial judgment — Court of Cassation – Criminal

Waiver by One Heir and Discretionary Mitigating Grounds

Decision reference: Criminal Cassation Decision No. 2016/2026, referring to 101/1999 and 1100/2011.

The stated principle does not require every heir to waive a personal right for the waiver to be considered a discretionary mitigating ground; waiver by one heir may suffice, with the material referring to Criminal Cassation Decisions 101/1999 and 1100/2011.

TOPIC SIGNAL

Crime and penalties

Judicial judgment — Court of Cassation – Criminal

Updated: 22 September 2026

Prepared and reviewed by: Ashraf Al-Khawaja

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Must all heirs waive their personal rights to rely on discretionary mitigating grounds?

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