COURT OF CASSATION 31 DECEMBER 1898 STATE REPRESENTATIVE v. AHMED MUHAMMAD EL BARRAD (C. Cr. Pr. Art. 175—P. C. Art. 62) Jurisdiction—Excuses in law—Youthful offender—Appeal of State Representative—"Penalty provided by law." Since the legislature has established certain excuses in law, and has provided a reduced punishment for cases where such excuses are proved, this reduced punishment, of which the limits are thus fixed by the law, is a "penalty provided by law." When therefore a person under fifteen years of age is prosecuted for misdemeanour, the penalty which determines what Court has jurisdiction to hear the case on appeal brought by the State Representative (Art. 175, note C.Cr.Pr.) [Decree 26 June, 1895], is the reduced penalty applicable under Art. 62 P. C. (¹). The fact that the existence of the excuse in law may eventually be disproved is not a reason for bringing the matter before the Court which would have jurisdiction to hear the appeal in the absence of such excuse; for in deciding before what Court an action is to be brought, the facts of the case are to be considered as they appear before the hearing is commenced, without prejudice however to [ينقطع النص عند نهاية صفحة ٢٧٥، آخر صفحات النطاق]