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King’s public prosecutor at the appeal court of Bni Mellal v Abderahim Akhi Ben Hassan and co-defendants

Type of court
National - higher court
Aug 7, 2017
Court name
Court of Cassation
Seat of court

Sand theft – misdemeanor – evidences – testimony of witnesses – presenting an invoice – preliminary confession.

The court issuing the appealed decision when affirming the lower court ruling that defendants in cassation are not guilty for the misdemeanor of stealing sand, it based on the driver’s retraction of his first statement and the copy of the invoice presented by the responsible for the truck after declaring that he bought the loaded sand from the TRACTRA Company, while the fact is that what he presented was just a copy of an invoice, and not discussing the declaration of the bulldozer driver who declared not knowing the accused and that he never saw him at the company, and he cannot load sand to any driver unless he presents an invoice and he keeps a copy for road control. The court when it put aside the defendant preliminary detailed confession without any explanation, it makes its decision ungrounded and subject to overruling.

Decision overruled

Available in
Court of Cassation’s Decisions on the environment