The Federal Supreme Court overturned a sentence that sentenced a defendant to defraud a 14-year-old girl under duress and referred his case to the Court of Appeal for reconsideration. The papers showed that the sentence was issued without the presence of a lawyer to defend the defendant who had no money to hire a lawyer.
In the details, the Public Prosecution referred a defendant to a criminal trial on charges of defrauding a 14-year-old girl under coercion by hugging her and touching sensitive areas of her body, demanding that he be punished.
The first instance court sentenced the accused to three years' imprisonment and was charged by the charges. The Court of Appeal then ruled in favor of the first judgment, and the accused pleaded before the Federal Supreme Court.
In his appeal, the defendant demanded that his sentence be nullified, because there was no lawyer to defend him before the second instance court issuing the contested judgment. The papers lacked the presence of a lawyer to defend the defendant, although the court postponed the appeal of a lawyer. , Which is defective by the invalidity of what should be revoked.
The Federal Supreme Court upheld the appeal, stating that it was legally established, according to article 4 (2) of the Code of Criminal Procedure: "The accused shall be required to give him a lawyer to defend him, If it is realized that he has no financial ability to appoint a lawyer, "that the legislator has guaranteed the defense rights of the accused to give the accused to ask the court to appoint a lawyer to defend him, and the court, after ascertaining his financial incapacity, must appeal to him.
She pointed out that "it is clear from the codes of government that the prosecution assigned the accused a felony to defame the victim under duress, and requested that he be punished in accordance with article 356/2 of the Penal Code, which states:" If the crime is committed against a male or female less than four The defendant was asked by the Court of Appeal to assign a lawyer for his lack of financial ability. The minutes of the appeal proved that the court adjourned the proceedings several times to appeal to a lawyer and did not attend, and issued her judgment without having a lawyer present to defend him , And had to wait until the presence of a lawyer, including the defect of the contested judgment b Violation of the right of defense, which must be revoked without the need to examine the rest of the obituaries contained in the appeal newspaper with the referral.