The Federal Supreme Court upheld a sentence that sentenced three defendants to life imprisonment and a fine of 50,000 dirhams after being found guilty of possession and promotion of mental stimuli.
In the details, the Public Prosecution referred three defendants to trial and charged them with possession and abuse of mental stimuli, demanding that they be punished in accordance with the Federal Law on the Control of Narcotic Drugs.
The Court of First Instance sentenced the defendants to life imprisonment and fined 50,000 dirhams for the charge of possession and expulsion from the state, the first and second accused were held for one year for the charge of abuse. The Court of Appeal upheld the verdict. The defendants did not plead. They pleaded before the Federal Supreme Court. And we obeyed him.
The defendants said in their defense that "the sentence condemned them for the crime of possession of psychotropic substances for the purpose of trafficking and promotion despite the absence of elements of this crime and relied on the statements of witnesses, doubting the validity of the control procedures and the availability of elements of the crime," pointing out that "the Court punished them in accordance with Decree Law No. 8 of the year 2016, on the control of narcotic substances, although the crime was earlier than the issuance of this law ».
The Federal Supreme Court rejected the appeal, stating that "the laws of proceedings other than substantive laws do not apply retroactively, but have an immediate and immediate effect since the date of its entry into force on all actions that take place after the date of such access because they govern the proceedings, not the crimes. A court of cassation and its jurisdiction to another court, the canceled court shall not be in existence from the date of the new law, ie all proceedings shall be transferred to the court established under this law. "
And confirmed the assessment of the evidence in the prosecution and the crime and attributed to the actor of the authority of the court subject, and the assessment of the validity of the confession and its value in proving the truth of the court of the subject even if it was issued in the minutes of inferences and amended later, and that the question of the accused without charge against the evidence is not a prohibited interrogation, The question of the accused is one of the elements of inference that may be carried out by the men of arrest. The court may also draw criminal intent in the crime of possession and trafficking of psychotropic substances from the authority of the court of the subject and verify that it possesses or possesses narcotic substances, And the determination of the seriousness of the investigation and its adequacy to issue the conviction of the arrest and inspection of the substantive matters, which is all the matter of the investigation authority under the supervision of the Court of the subject ».