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Misdemeanor of sand theft – recurrent denial – flagrante delicto – source of sand – inspection report – public property police.

Pays/Territoire
Maroc
Type de cour
Nationale - cour supérieure
Date
Jan 23, 2014
Source
UNEP, InforMEA
Nom du tribunal
Court of Cassation
Siège de la cour
Rabat
Langue
Anglais
Résumé

The court that issued the appealed decision concealed the lower court decision and acquitted the defendant from the misdemeanor of sand theft based on his recurrent denial, on the mechanical problem that happened to the truck and the fact that not being caught in flagrante delicto. whereas it put aside and without explanation the contradictions of his statement about the source of sand and as well as the inspection report of the public property police that states that the source of sand is the beach and that it is of good quality. In addition the court did not assess the witness testimony that he fixed the truck at night outside the time the truck was caught which makes the appealed court decision, when it acquitted the defendants, insufficiently justified which subjects it to overruling.

Disponible en
Court of Cassation’s Decisions on the environment