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public prosecutor at the appeal court of Bni Mellal v Khalid Ait Baraka Ben Ali and co-defendants

Country/Territory
Morocco
Type of court
National - higher court
Date
Feb 27, 2014
Source
UNEP, InforMEA
Court name
Court of Cassation
Seat of court
Rabat
Language
English
Abstract

Exploitation of sand – procedure – court’s jurisdiction in the control – presenting invoice.

From the case documents, it is shown that the fist accused was caught in the act and confessed to the police he was stealing sand from Jiidat area without any receipt. The court issuing the appealed decision did not examine the receipt that the truck owner claimed to have had presented. It also did not discuss this document presented during the trial before it, and did not control the extent to which the procedure of sand exploitation was respected by the defendant with the impossibility of loading sand only after presenting the receipt to the person charged with loading and to keep a copy of it for need, which makes the appealed decision in violation of the legal provisions in this regard which subjects it to overruling.

Available in
Court of Cassation’s Decisions on the environment