The Federal Supreme Court upheld a death sentence for a building guard (Natur) and a car-cleaning worker in a shop beneath the building, on charges of murdering an Asian (married) woman after she was raped, confirming the foundations of the crime against the defendants.
The guard and the worker admitted that they had deliberately killed and attacked the victim, who lived in the same building, confessing that they had planned four days before the incident to break into her apartment with the intent to rape her.
According to their confessions, the first defendant knocked on the door of the apartment, and when the victim opened the door, they pushed him together, entered the apartment, restricted the movement of the woman, dragged her into the bedroom, then threw her to the ground and raped her.
They added that the victim continued to resist them, put a cloth on her mouth, and pressed each piece for about five minutes, until she died.
The first accused admitted that they did so to get rid of the victim, so as not to tell her husband or the police what had happened.
The technical reports revealed that the traces of blood at the scene are identical to the traces of blood on the defendants' clothes. Their confessions also matched the coroner's report that the cause of death was strangulation by hand. It is likely that the perpetrator has used his hand to press the neck of the victim, before trying to mute the self by pressing the mouth and nose using the hand.
The Public Prosecutor referred the defendants to the court for the deliberate and aggressive killing of the victim, forcibly violating her offer and for violating her home for the purpose of committing the crime of rape, demanding that they be punished.
The Court of First Instance unanimously ruled that the defendants should be executed by punishment by the means available, and the Court of Appeal unanimously upheld the first sentence of killing the accused by the means available, and in the presence of the guardians of blood or their representatives, for the murder of the victim.
The defendants did not accept this verdict, but we appealed against it, but the Federal Supreme Court rejected the appeal, pointing out that «the court of the full authority in the collection of understanding of the reality in the case, and to assess its evidence in the crime and the relationship of the accused, and the amount of contact with them, and to infer any element of reasoning and devise The facts, evidence and evidence leading to the conclusion reached, and the evidence does not need to be explicit on its own on the fact to be proved, it is enough for the court to draw its evidence by inferring from the circumstances and evidence and ordering the results on the premises ».
The Court affirmed that confession in criminal matters is one of the elements of reasoning that the trial court has the authority to adopt, even if it appears in the record of the reasoning or investigation, when it is reassured of a free and chosen will, even if it is later amended. On the one who claims it, because his receipt is unlike the original. The Court of First Instance shall have full discretion in assessing the pampering power of the expert's report, taking whatever it is comfortable with him, and submitting the rest, to the extent that it relates to its authority to assess the evidence. It was also decided that the Court of First Instance had the power to adapt the incident of premeditated murder, error or beating to death, within the scope of the provisions of Islamic law, glue under the circumstances surrounding the incident.
The court stated that in the Maliki doctrine that the killing is of two types, deliberate and wrong, and requires the availability of the corner of murder and intent to be the act leading to death deliberately aggression, and there is no lesson whether the machine used in the killing is fatal or non-fatal, and intentionally inferred Aggression If the act is anger or hostility, such as the murderer intended to kill by a specific or heavy beatings, or by burning, drowning, strangulation, poison or so.
The first defendant knocked on the victim's apartment door and when he opened it, the second defendant pushed him and went in together.
The traces of blood at the scene matched those on the defendants' clothing.