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Exploitation of sand quarry – no criminal intent – knowledge of the truck owner – authorization.

Country/Territory
Morocco
Type of court
National - higher court
Date
May 23, 2013
Source
UNEP, InforMEA
Court name
Court of Cassation
Seat of court
Rabat
Language
English
Abstract

The appealed decision ruled to give back the truck to its owner, the appellant, based on his good faith since having an authorization and taking the sand for personal use to build his house and not for trade. however the authorization provided by the defendant in cassation is neither about the quarry nor the time period when the crime of stealing sand was committed. In addition the argument of good faith pursuant to Article 517 of the criminal code requires lack of knowledge of theft by the truck owner, that is to say the truck should be owned by a stranger with good faith and not by the author of theft as it is the case herein. therefore the appealed decision that decided the return of the truck to its owner without regard to what has been said should be overruled.

Decision overruled

Available in
Court of Cassation’s Decisions on the environment