The Abu Dhabi Court of Cassation has overturned a punitive appeal against drinking and possession of alcohol, driving under the influence of alcohol, smashing a police-owned car and computer, sentenced to 80 lashes, a fine of 10,000 dirhams, a month suspended, and decided to set a new hearing to consider the matter.
The Public Prosecution has charged the accused with drinking alcohol if she is an adult sensible Muslim, possessing an alcoholic drink for personal use, and deliberately damaging the computer screen and parts of the car, owned by a police station, making them unusable, in addition to the charge of driving a vehicle on the highway under The influence of schnapps, and requested that they be punished in accordance with the provisions of Islamic law and the Federal Penal Code.
The Abu Dhabi Court of First Instance in the presence of the convicted and sentenced to 80 lashes for the crime of drinking alcohol and possession of the link, and imprisonment for a month for the crime of destruction with the suspension of the implementation of the sentence for three years starting from the day the verdict becomes final, and a fine of 10,000 dirhams for the crime of driving under the influence of Alcohol, with the withdrawal of the driver's license for three months and obliged to pay penalties with the seizure of seizures.
The defendant appealed the verdict, and the Abu Dhabi Court of Appeal ruled in its presence to accept the appeal in form and in the matter to reject the appeal and uphold the appealed judgment and bind the appellant to the judicial fees, as this judgment did not meet acceptance by the convicted and challenged it before the Court of Cassation. Overruled the contested judgment.
She appealed to the appellant on the contested verdict to violate the law and the error in its application and inadequate in causing, noting that the verdict punished her with flogging for drinking alcohol despite her refusal to admit before the Court of Appeal, and argued withholding responsibility because she suffers from a mental illness that loses her will and cognition. The criminal intent of the defect, which requires revocation.
For its part, the court made clear in its judgment that the assessment of the mental condition of the accused is one of the substantive issues to be decided by the trial court, but it must be a proper judge to appoint an expert to decide in this case the presence or absence of the consequent establishment or abstention of punishment of the accused or in assessing the punishment If it did not do so, it should provide in a few reasons justifiable reasons for its rejection of this request, if it considers the circumstances of the case and the facts of the case and the case of the accused that his mental health is sound and that he is responsible for the offense from which he occurred.
The court pointed out that the constant of the verdict of the contested judgment that the appellant had paid the absence of criminal responsibility because it suffers from a mental illness loses the will and cognition, which is essential defense because of its impact in determining its criminal responsibility and the presence and lack of what the court must examine and achieve The purpose of the defense was that she suffered from neurological symptoms based on a medical testimony attesting to a previous incident that the defendant was suffering from, and that on the day of the incident she was aware of her actions by driving her vehicle while drinking alcohol. With him the payment raised on Year basis, "it pointed out that the response is deafening dulcet, which ruled over his palaces prejudice to the right of defense defect makes it incumbent veto.
The court pointed out that the appellant's renunciation of her previous confession, denying all the charges against her, thereby dropping the limit prescribed by law for drinking alcohol, and is required for cassation in this regard, and the court ruled to overturn the contested judgment and determine a hearing to consider the matter announced by the parties.