The Abu Dhabi Court of Cassation sentenced six defendants to three years' imprisonment, expulsion from the state after the execution of the sentence and solidarity in paying the religious blood of a deceased heir, who were beaten with wooden sticks on his head.
The court decided to prove the waiver of blood for the minors, and to keep the defendants in custody pending the payment of the legal blood to the heirs of the deceased, confirming the availability of evidence to prove the defendants' crime, against the background of disagreement between them and the victim on the sale.
In detail, the prosecution referred six Asian defendants to the criminal court for murdering a person by beating him with sticks in a quarrel between them, demanding that they be punished in accordance with the provisions of Islamic law and articles of the Federal Penal Code.
According to the report of the inspection and investigative reports and the medical report that the victim suffered a wound in the back of the head and several scratches and abrasions in the face and neck and the upper back and forearm and right foot, what he claimed his life.
The Court of First Instance condemned the defendants in the charges against them after re-describing the acts of the first charge, as they assaulted the body of the victim, and did not intend to kill him, but this led to his death and punish them by imprisonment each of them 10 years, And obligate them to pay together the estimated 200,000 dirhams of the rights of the victims and to deport them from the State.
The Court of Appeal amended the sentence to punish the defendants by imprisoning each of them for a period of three years for the intentional murder of the parents, and to punish them with the charge of assaulting each of them for a period of six months, and support the verdict in his death and expulsion from the state, Judgment is acceptable to the convicted and they have appealed against it.
The Court of Cassation overturned the verdict on the invalidity of the trial before a court of first instance. The defendants face a capital offense. The appeal was supported by the invalidity of the invalidity, and the Court considered it to be dealt with in accordance with article 249 of the Federal Code of Criminal Procedure.
The defendants attended the trial in the presence of lawyers to defend them, and each lawyer assigned to each of them presented a memorandum requesting the acquittal.
The Court emphasized that the defense of the elements of the crime is within the jurisdiction of the court of the subject and is not punishable as long as it has established sufficient grounds for carrying out its sentence. It is also to be assessed that criminal intent or non-action is a matter of facts, In light of the circumstances and circumstances surrounding the case, and the facts and evidence proved sufficient to invoke the corner of criminal intent of the accused.
She pointed out that it is proven that the guardian of the victim attended the trial session and asked for amnesty for the accused in exchange for the fatwa, and then the value of the fatality is sacrificed and it is necessary to determine in this direction the beginning of the manslaughter for 200,000 dirhams and the convicted defendants are required to perform the heirs of the victim.
The application of the link in accordance with article 88 of the Federal Penal Code on the case was based on the fact that the offenses were organized by a single criminal plan in several acts, in which the criminal unit to which the legislator was composed was formed, indicating that the acts committed by the accused, namely murder, The body of the victim has an indivisible link as long as they are all incorporated into a single criminal enterprise, the provision of article 88 of the Penal Code has to be enforced and therefore punished by one penalty, the most severe penalty for those crimes.