Appeal of discrimination No. 348 of 2004 petition for review

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In the 2004 petition for a review of the penalty
At the public meeting held on Saturday, 8 May 2004
Headed by Mohamed Mahmoud Rasim, President of the Court
The members of the judges, Dr. Ali Ibrahim Al-Imam, Salah Mohammed Ahmed, Mohammed Nabil Mohammed Riad and Ramadan Amin Al-Labody

Base Summary

Petition for review.
It is permissible to appeal the petition for review by the condition of the sentence sought by the punishment or the measures prescribed by law. Article 257 of the Code of Criminal Procedure. This means that the plaintiff cannot appeal the civil right in a way that seeks to review the judgments of the adheus civil proceedings.

Legal principle

Article 257 of the Code of Criminal Procedure stipulates that “the final sentences or measures in the following cases may be requested to review the following sentences or measures in the following cases ————– (5) if facts occur or appear after the verdict facts or if papers that were not known to the court at the time of the trial were presented and that these facts or papers prove the innocence of the convicted person”, which means that the sentence or measures prescribed by law may be requested so that the street gives the convicted person the right to conduct the appeal by appeal. Consider the final sentences handed down against him in the subject of the case by punishment or measure The Attorney General may also in the circumstances contained in articles 258, 259 Of the same law, the petition for a review of these sentences may also be appealed, and the civil plaintiff may not appeal by way of seeking a review of the judgments of the adheinable civil proceedings, and since the petitioner is the plaintiff of the civil right in that case, the petition must be ruled against the possibility of the petition.

Court ruling

I made the next verdict.
After reading the papers and reading out the summary report prepared by Mr. Judge Mohamed Nabil Mohammed Riad and hearing the case and after deliberation legally,
As the facts are that the public prosecutor’s office was accused of ———– in misdemeanour No. 12941/2001 as a penalty for slandering and insulting the victim ————– (petitioner) and the secretariat box and threatening him with death and requesting punishment 121/1, 352 ، 372 ، 373، 404/1 Sentences and the victim claimed a civil before the accused requested a sentence of 10,001 dirhams as temporary compensation and on 31 December 2002 the court of first instance acquitted the accused, which assigned him and referred the civil case to the competent civil court. The civil plaintiff appealed against an appeal no. 139/2003 and on 22 March 2003, a court ruled that the appeal was not permissible. The petitioner appealed against this provision of discrimination No. 125 and on 17 May 2003 the Court of Cassation ruled against the appeal and referred the civil case to the Court of Appeal for adjudication. On 30 August 2003, the court ruled that the appealed ruling in the civil division should be quashed and that the civil action should be dismissed. The petitioner appealed against this discriminatory provision No. 348/2003 and on 24 January 2004 the court ruled that the appeal would not be accepted as a form of report after the date.
The civil plaintiff filed the petition with the Attorney-General, who referred the application to this court with a memorandum requesting that the motion be rejected.
Since the petition was based on the fact that the petition was invalid, the petitioner issued a public agency to his lawyer on 12 December 2003 to represent him throughout the proceedings, but he neglected the petitioner seriously and was absent on 12 December 2003. 30/8/2003 The date of the judgement was issued and he was not received until 14 September 2003 and was challenged during the period he had calculated from 14 September 2003 and there is no evidence in the papers that the petitioner was present any of the hearings in which the judgement was handed down on 30 August 2003 and was only informed of the verdict on 14 September 2003 and violated the ruling of the Court of Appeal and Articles 216, 216, and violated the ruling of the Court of Appeal and Articles 216, 2003, and he was not informed of the verdict or received it until 14 September 20003. 219 The judge or secretary did not sign the draft judgment written by the judge in his own handwriting and violated the fundamental petitioner’s judgment submitted to prove the crime of theft and the judgment was contrary to article 212 of the Code of Criminal Procedure and the text of article 162 of the same law and did not rebut the name of His Highness Sheikh Maktoum, which requires the petitioner to accept the petition and cancel the petition and the judiciary to overturn it.
Since article 257 of the Code of Criminal Procedure stipulates that “the final sentences or measures in the following circumstances may be requested to review the sentence or measures in the following circumstances ————– (5) if facts occur or appear after the verdict, or if papers that were not known to the court at the time of the trial were presented, and these facts or papers would prove the conviction of the convicted person,” which means that the sentence or measures prescribed by law may be requested so that the street gives the convicted person the right to appeal the petition. By reviewing the final sentences handed down against him in the subject of the case of punishment or measure The Attorney General may also in the circumstances contained in articles 258, 259 Of the same law, the petition for a review of these sentences may also be appealed, and the civil plaintiff may not appeal by way of seeking a review of the judgments of the adheinable civil proceedings, and since the petitioner is the plaintiff of the civil right in that case, the petition must be ruled against the possibility of the petition.

For these reasons

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Appeal No. 279 of 2008 “Penalty”

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