The Federal Supreme Court upheld the appeal of the Public Prosecution against a sentence that reduced the sentence of a person charged with psychotropic substances from six months imprisonment to a fine of six thousand dirhams, stressing that it is not permissible to impose the penalty prescribed in the law against narcotic drugs and psychotropic substances.
In detail, the Public Prosecutor referred a defendant to trial on charges of taking a psychotropic substance (methamphetamine) in other than legally authorized cases, demanding that he be punished in accordance with the provisions of Federal Law No. 14 of 1995 on combating narcotic drugs and psychotropic substances.
The court of first instance ruled that the defendant should be imprisoned for three months on the charge and charged him with the case fees of fifty dirhams.The Court of Appeal ruled to amend the verdict by punishing the defendant with a fine of 6000 dirhams for the charge and charged him with the fees.The prosecutor appealed the verdict by cassation.
The Public Prosecution said in its appeal that `` the verdict erred in the application of the law by using the mitigating circumstances and excuses in contravention of the provisions of article (65) of the Law on Combating Narcotic Drugs and Psychotropic Substances that do not allow the punishment imposed by the application of this law, which is flawed and requires revocation.
The Federal Supreme Court upheld the appeal of the Public Prosecution, stating that it is prescribed by law and in accordance with the provisions of article 40 of Law No. 14 of 1995 concerning the control of narcotic substances that "any person who abuses in any way or any other person shall be punished by imprisonment for a period of not less than six months and not exceeding two years. Acquired for intent to use or use in person other than the authorized conditions any narcotics or psychotropic substances stipulated in tables 3, 6, 7, and 8 annexed to this Law. ”Article 65 of the same law states that“ Shall be governed by the application of this law, "to the effect that the legislator is specified in the provisions of this law The minimum penalty and the upper limit has not permissible for him to get off the penalty prescribed by any of the reasons to get off.
The court pointed out that the appeal judgment convicted the defendant for the crime of abuse of psychotropic substances provided for in Article 40.This article set the minimum penalty for imprisonment for a period of not less than six months, while the sentence of the accused was fined 6000 dirhams for what was assigned With the penalty prescribed in Article 40 above, he shall have erred in the application of the law to be partially overturned in respect of the penalty prescribed, confirming that the assessment of the penalty shall be within the jurisdiction of the trial court within the limits prescribed by law.
The court concluded by referring the case to the Court of Appeal to assess the sentence within the limits prescribed by law.