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Controlling hunting misdemeanor – permanent reservation – hunting late at night – seizing tool used in the hunting process

Country/Territory
Morocco
Type of court
National - higher court
Date
Jun 11, 2015
Source
UNEP, InforMEA
Court name
Court of Cassation
Seat of court
Rabat
Language
English
Abstract

The court issuing the contested decision supported the first instance decision and adopted its arguments which was based to convict the appellant on the following: “whereas after the court studying the file and especially the misdemeanor report done by the employees of the Administration of forests and waters, it concluded that the latter viewed strong light coming from the permanent reservation of Ait Rkha in a late hour of the night and heard five gunshots and then observed the two suspects and a third one with them, going towards the second suspect’s house after turning off the strong light they used for hunting inside the said reservation, and they used hand torch flashlights, and when they arrived to the second suspect’s house, the employees observed the first suspect holding a rifle and a rabbit and they recognized him from the strong flashlight and he run away with the third suspect when they saw the employees (…) the said employees were successful to catch the second suspect who confirmed that they were looking for gazelles and did not find but the rabbit shot by the first suspect (the appellant)..” whereas it was convinced with what was mentioned in the said-report given its legal effect, and adopted it instead of the appellant’s denial, the court based its decision on a strong legal means of evidence to justify its satisfaction, and implicitly rejected what was raised by the defense through his defense motion, after displaying the elements of the crime of which it convicted him, thus its decision did not breach any law and was well grounded. Even though the provisions of Article 430 of the code of criminal procedure are about crimes and not misdemeanors, the possibility of reducing punishment is impossible within the framework of the Dahir of 21/06/1923 on the control of hunt as modified and supplemented, given that Article 18 states that:” the provisions of current criminal laws regarding decreasing punishments and suspending their enforcement are not applied in this sherifian Dahir”.

Request rejected

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