The Court of Appeal of Misdemeanors in the Ras Al Khaimah Courts Department today canceled the judgment of the First Instance Court to fine a Gulf wife of 3,000 dirhams on charges of transmitting and publishing text messages from her husband's phone to her phone without his permission. The husband to the Public Prosecution to investigate with him about the crime of improvement on the sin and incitement.
The Court also ruled that the Public Prosecution's appeal against the first-degree verdict was accepted and rejected in the matter. The Public Prosecution appealed the judgment issued by the First-Class Court to fine the appellant 3000 dirhams, resulting in charges related to the transfer and publication of text messages from her husband's phone to She charged her to the plaintiff with a civil right of AED 3000 temporarily for the damages he suffered, and paid a fee of AED 100 for legal fees and obliged her to pay the fees and expenses of the civil lawsuit. In law enforcement where Article 378 stipulates that the penalty of imprisonment and fines shall be applied jointly to anyone who assaults the sanctity of the private or family life of individuals and to anyone who has stolen hearing, record or transfer through a device of a kind the nature of which was conversations held in a private place, by telephone or any other device, Anyone who picked up or transported a device of any kind and photographed a person in a private place, while the first instance court in July ruled that the accused is fined 3,000 dirhams without imprisonment.
The Court of First Instance had tried the case of the prosecution accused a Gulf wife of transferring and publishing text messages from her husband's phone to her phone without his permission, and the defendant confessed before the police investigation and the prosecution to transfer the text conversations from her husband's phone to her phone because she suspects his behavior as a relationship with another girl.
The Public Prosecution has demanded that the accused be punished in accordance with article 378 of the Federal Penal Code, which stipulates that anyone who assaults the sanctity of the private or family life of individuals shall be punished by imprisonment and fines by committing any of the following acts in cases other than those legally authorized or without the consent of the victim: Hear, record, or transmit by a device of a type of conversation held in a private place, by telephone or any other device, and any person who picks up or transfers with a device of any kind, a person in a private place, if the acts referred to in the above two Meeting within the hearing or sight of those present at that meeting, the satisfaction of these was supposed to be.
The defense lawyer for the accused stated during his plea before his client before the Court of First Instance and the Court of Appeal that his client was coerced into the crime, and continued that the accused was surprised while she was with her husband at home receiving repeated text messages and phone calls, where she inspected his phone and read text messages beyond the limits Decency, a red rose and a word of love sent by one of the girls to her husband's victim's phone.
He added that the accused informed the victim that he is staying outside the house as many times as he sits inside and that all his time spent on the phone, and told him that she doubts his behavior, which made him give her phone to inspect and check her doubts, pointing out that she had seen her husband's phone with his permission and satisfaction, and that the element of coercion is Which prompted her to commit the crime of transmitting text messages.