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Exploitation of sand quarry – no criminal intent – knowledge of the truck owner – authorization.

Pays/Territoire
Maroc
Type de cour
Nationale - cour supérieure
Date
Mai 23, 2013
Source
UNEP, InforMEA
Nom du tribunal
Court of Cassation
Siège de la cour
Rabat
Langue
Anglais
Résumé

The appealed decision ruled to give back the truck to its owner, the appellant, based on his good faith since having an authorization and taking the sand for personal use to build his house and not for trade. however the authorization provided by the defendant in cassation is neither about the quarry nor the time period when the crime of stealing sand was committed. In addition the argument of good faith pursuant to Article 517 of the criminal code requires lack of knowledge of theft by the truck owner, that is to say the truck should be owned by a stranger with good faith and not by the author of theft as it is the case herein. therefore the appealed decision that decided the return of the truck to its owner without regard to what has been said should be overruled.

Decision overruled

Disponible en
Court of Cassation’s Decisions on the environment