Ecolex Logo
The gateway to
environmental law
Search results » Jurisprudence

public prosecutor at the appeal court of Tangier v Moustapha Chentouf Ben Houssin

Country/Territory
Morocco
Type of court
National - higher court
Date
Apr 3, 2014
Source
UNEP, InforMEA
Court name
Court of Cassation
Seat of court
Rabat
Language
English
Abstract

Sand exploitation – misdemeanor of theft – evidences – receipt – driving without special license.

The court that issued the appealed decision concealed the lower court decision and acquitted the defendant from the misdemeanor of sand theft based it on his failure to show on court though summoned, his denial and the fact that presumptions used in the lower court are not so strong to proves a criminal act. however facts and justifications of the judgment appears that the police caught the truck in a late hour of the night filled with sand and after seizing it, its owner declared that he does not have a receipt and attributed the act to the driver who, in his turn, denied to be the person who loaded the truck and confirm that the owner of the truck (defendant) is the one that brought the sand from the beach as he is used to drive the truck at night and move sand from the surrounding of Kadiria in l’Arache even though he has no special driver’s license for this type of vehicles, which means that a distortion found its way to the decision’s justification and the court excluded his confession and the confession of the driver with a controversial explanation.

Available in
Court of Cassation’s Decisions on the environment