Department's Terms of reference:
1.Receive and verify cassation appeals' declaration from the concerned parties, recording all their data (number of cassation, date of filing, specifying the circuit on the declaration).
2.Carry out the necessary procedures to announce the opponents with the appeals' declarations.
3.Handover the concerned parties certificates for the occurrence or non-occurrence of the cassation, along with copies of the judgments, memoranda and documents filed with the appeals files after ascertaining their capacities and inquiring about their cases.
4.Receive the notes submitted by the litigants to respond to the appeal, depositing them with their files.
5.Send appeals files to the cassation prosecution to express opinion thereon.
6.Deliver appeals files to the cassation secretaries to be presented to circuits' heads to specify counseling rooms or sessions.
7.Implement the decisions of the court and follow up the publications issued by the Constitutional Court and the Court of Cassation, distributing them as desired by the Court President.
The organizational structure of the Department consists of the following units:
Administrative Affairs Section, reporting to the Director of the Department directly and is entrusted with the following:
1.Supervise the Department staff adherence to the official working hours (attendance, leave, off-days, sick leaves, etc.).
2.Coordinate with the Department of Administrative Affairs in the Ministry in all matters related to the functional status of the Department staff (leaves, bonuses, promotions, follow up medical forms, absence ... etc.).
3.Receive letters and correspondence incoming to the Department, recording them in the automated system prepared for that purpose and then presenting them to the Department Director for the necessary procedures, along with archiving copies of them in the corresponding files.
4.Send the letters or correspondence issued by the Department, whether inside or outside the Ministry after being recorded in the automated system or in the records prepared for that purpose, along with archiving copies of them in the corresponding files.
5.Prepare requests for disbursing personal and organizational custody (petty cash) and stationery and follow-up their usage, in coordination with the competent authorities in the Ministry, distributing them to the Department staff according to their needs and recording them in the records prepared for that purpose.
6.Follow up the matters required for the work of the Court and its staff.
7.Follow up the publications issued by the Constitutional Court and the Court of Cassation and act as deemed by the President of the Court.
8.Other relevant work as entrusted.
Secretaries Control, consisting of the following sections:
Civil Secretaries Section, entrusted with the following:
1.Receive, verify and audit appeals files received from Cassation Prosecution.
2.Receive requests for execution suspension, presenting them to the competent departments' directors to specify hearing for to consider them.
3.Distribute appeals files to the counseling room and entering the hearings to the automated system.
4.Prepare the counseling room, implement its decisions and write the minutes of appeals' dismissal and forward them to the automated system.
5.Make announcements for the hearings and suspend executions by appeals.
6.Prepare the minutes of the appeals' hearings, rolls, etc., and arrange them before entering the hearing
7.Attend the hearings at the court, execute its decisions and forward the hearings to the automated system.
8.Separate first instance and appeals' files from cassation files and send them to the Archives Section.
9.Send cassation appeals' files, in which final judgments are issued, to the Archiving Section after recording them on the file covers.
10.Follow up all the steps prior to the process of appeals through the automated system, along with entering the wording of the court sentence.
11.Other relevant work as entrusted.
Criminal Secretaries Section, entrusted with the following:
1.Prepare the report of the cassation appeal at the request of the lawyers or the accused.
2.Receive reports of the cassation appeal from the prison.
3.Receive appeals briefs from lawyers and defendants, preparing files for them.
4.Request (initial - appeal) files from the Archives Section, review and verify them prior to receipt.
5.Enclose reasons to appeals' files and send them to the Cassation Prosecution to prepare opinion memos on them.
6.Receive files of appeals from the Cassation Prosecution after finishing the opinions' memos about them and keeping them in the corresponding files.
7.Present appeals files to the Department Director to determine their hearings.
8.Notify the litigants with the hearings, send a list of detainees to the prison and print the roll of the hearing.
9.Forward the hearings and enter the decisions and points of judgments issued in the appeals to the automated system, on the day of issuance.
10.Send drafts of the judgments issued in the appeals to the Printing Section to print them out.
11.Separate appeals files after signing the judgment by the of the head of the court circuit and send them to the Archives Section for keeping.
12.Implement the decisions issued in the hearings and send to the Criminal Enforcement and External Communications Department, using the form prepared for that, in the automated system.
13.Issue certificates (of cassation – non-cassation – wording of the sentence - counseling decisions) for interested parties.
14.Other relevant work as entrusted.
Follow-up Section, entrusted with the following:
1.Receive appeals files from the Schedule Section and record them through the automated file.
2.Receive original appeals' declarations as announced by the Announcement Section and register them in the automated system before entering each announced declaration in its corresponding file.
3.Request to include both first instance and appeal files to the cassation appeal file, through the automated system.
4.Follow-up requests for the inclusion of the first instance and appeal files to the appeals files, in coordination with the First Instance Court Book Department and the Court of Appeal Book Department.
5.Receive defense briefs and documents' portfolios submitted by the litigants during the prescribed legal period, keeping them in their corresponding appeals files.
6.Receive first instance and appeal files, after checking their attachments in full, and record the same in the file movement on the automated system.
7.Prepare and audit appeals files and send them to the Cassation Prosecution to issue memos with its opinion thereon.
8.Implement the decisions of the Cassation Prosecution on the request to include the relevant first instance and appeal files/
9.Other relevant work as entrusted.
Printing Section, entrusted with the following:
1.Print all judgments and decisions issued by the court, as well as the decisions of the Cassation Prosecution and the Technical Office notes and memos, in addition to printing all letters and correspondence related to the work of the Department.
Archiving Section, entrusted with the following:
1.Receive the files of the appeals adjugated, recording their movement in the automated system and then keeping them in the places assigned to them according to the prescribed archiving system.
2.Deliver the concerned parties copies of the judgments, memoranda, documents and executive forms kept in the appeals files, after paying the prescribed fees.
3.Deliver the appellants the requests for cassation bail payment to the Judicial Fees Department in the automated system.
4.Other relevant work as entrusted.
Schedule and Announcement Control, consists of the following sections:
Schedule Section, entrusted with the following:
1.Issue an order for the payment of cassation bails through the automated system, by payment the appeal guarantee to the Judicial Fees Department.
2.Receive new appeals, consisting of the original declaration signed by a lawyer, its copies and copies of the preliminary and appealed judgments.
3.Record each appeal under a new number according to its competent circuit through the automated system, including the name of the appellant and the appellee.
4.Prepare a special file for each appeal, recording the appeal data (appeal number, date of recording, names of the litigants, type and number of the circuit referred to).
5.Send the original appeal declaration and copies thereof, specifying the number of litigants, to the Announcement Section.
6.Send appeals files, with full contents to the Follow-Up Section to take the necessary procedures to gather the entries.
7.Provide certificates with the non-occurrence of the cassation to the interested parties upon request, in the event that thirty days have elapsed from the date of issuing the appeal judgment without the appellee's challenging the issued sentence.
8.Issue certificates to the interested parties with the occurrence of cassation, including the number and date of the appeal, the names of the appellants and the appellees and the circuit to which the appeal is referred.
9.Announce daily, monthly and yearly statistics on the number of the appeals recorded in each court circuit in the automated system.
10.Other relevant work as entrusted.
Announcing Section, entrusted with the following:
1.Receive appeals' original declarations from the Schedule Section, after reviewing and verifying them, and then sign the schedule.
2.Amend or correct the addresses of the appellees, according to the original declaration, and then distribute them process servers, each in his own competence, after their signing the daily process server's statement, in order to carry out the procedures prescribed to orient them with the same.
3.Receive appeals' declaration and the warnings announced by process servers by means of the statements prepared for this purpose and then verify the minutes of announcement and record the announcement results.
4.Issue a list of the closed appeals (declarations and warnings) to the hearings' secretaries and their signatures thereon.
5.Issue a certificate through the automated system, to be signed by the competent process server, and register the police station name where the announced is made, in case of submitting the announcement and warnings at the police station.
6.Weight of the mail envelopes that will be sent to the appellees, using a balance special for mail to determine the value of the stamp prescribed for the relevant weight.
7.Stamp the mail envelops with stamps machine according to the weight and register them with special lists to be sent to the competent police station, within 24 hours.
8.Receive a copy of the mail lists after stamping and signing them by the post officer, keeping it in special files.
9.Announce appeals and warnings declaration by diplomatic means after printing a list of the names of the litigants and a certificate of declaration by diplomatic means, signing them by the Director of the Department and then sending them to the Department of Criminal Enforcement and External Communications, to take the necessary actions.
10.Record the announcement result after receipt of the response from the Criminal Enforcement Department and taking the necessary action to announce and keep a copy of the books received from the Department of Criminal Enforcement and Foreign Communications in the files prepared for this purpose.
11.Other relevant work as entrusted.
Technical Bodies Section, entrusted with the following:
1.Enter the appeals declarations and memoranda submitted by the litigants using the scanning system.
2.Receive the appeals files from the Follow-Up Section and send them to the Cassation Prosecution to give opinions thereon.
3.Present appeals files to the Director of the Cassation Prosecution to distribute them to prosecutors.
4.Receive files of appeals from the Director of the Cassation Prosecution and record the membership code of the prosecutor' who received the appeal in both the automated system and the file of appeal.
5.Record the opinion reached by the prosecutor in the opinion memorandum in the appeals and then enter the memo by scanning.
6.Send appeals files to the secretaries of the hearing, each in his own competence, in order to take the necessary actions thereon.
7.Follow-up the receipt of the statistics pertaining to the number of appeals and submit them to the Director of Prosecution to follow up and evaluate their works.
8.Enter the entire cassation appeal by scanning, after issuing the final cassation judgment with full attachments.
9.Other relevant work as entrusted.