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Misdemeanor of sand theft – recurrent denial – flagrante delicto – source of sand – inspection report – public property police.

Country/Territory
Morocco
Type of court
National - higher court
Date
Jan 23, 2014
Source
UNEP, InforMEA
Court name
Court of Cassation
Seat of court
Rabat
Language
English
Abstract

The court that issued the appealed decision concealed the lower court decision and acquitted the defendant from the misdemeanor of sand theft based on his recurrent denial, on the mechanical problem that happened to the truck and the fact that not being caught in flagrante delicto. whereas it put aside and without explanation the contradictions of his statement about the source of sand and as well as the inspection report of the public property police that states that the source of sand is the beach and that it is of good quality. In addition the court did not assess the witness testimony that he fixed the truck at night outside the time the truck was caught which makes the appealed court decision, when it acquitted the defendants, insufficiently justified which subjects it to overruling.

Available in
Court of Cassation’s Decisions on the environment