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Offense of cutting down trees – carrying wood – elements of proof.

Country/Territory
Morocco
Type of court
National - higher court
Date
Jan 22, 2015
Source
UNEP, InforMEA
Court name
Court of Cassation
Seat of court
Rabat
Language
English
Abstract

When the court supported the first instance decision releasing the defendant without any regard to the implementation of the provisions of Article 58 of the Dahir of 10/10/1917 which states that forest violations shall be proved by reports or witnesses when there are no reports and if they are not enough to prove, and without discussing the provisions of Article 61 of the same dahir which allows the employees of the Administration of water and forests the right to track elements taken from the forest until they find them, knowing that a report written by one employee is considered by the provision of Article 66 of this law a clear proof until proven otherwise, thus the decision came void from what was said and should be overruled.

Decision overruled

Available in
Court of Cassation’s Decisions on the environment