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

País/Territorio
Marruecos
Tipo de la corte
Nacional - corte superior
Fecha
Apr 3, 2014
Fuente
UNEP, InforMEA
Nombre del tribunal
Court of Cassation
Sede de la corte
Rabat
Idioma
Inglés
Resumen

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.

Disponible en
Court of Cassation’s Decisions on the environment