The Court of Cassation in Abu Dhabi upheld a ruling issued by the Court of First Instance, which acquitted the father of two children of the charge of kidnapping them who had the right to custody, and decided to set aside the appeal judgment that he had previously ruled to convict and fined 20,000 dirhams.
In detail, the Public Prosecution referred a father to trial, in his capacity as the father of two children, who kidnapped them who have the right to custody under a court ruling, demanding that he be punished by Article 329 of the Federal Penal Code No. 3 of 1987.
The misdemeanor court ruled his innocence from what was assigned to him, then the Court of Appeal ruled in absentia unanimously to cancel the first ruling, and the judiciary again fined the defendant an amount of 20 thousand dirhams, for the charge assigned to him, so the accused opposed this ruling before the same court that ruled to reject the opposition and support the opposing ruling therein. The verdict was not accepted by the accused, and he appealed against him through his attorney, Ali Al-Abadi, who demanded the acquittal of his client, on the basis that “the ruling violated the provisions of the Criminal Procedure Law, by not issuing it by consensus”, indicating that the registration and the correct description of the charge, according to the document fixed It is the charge of refraining from extraditing children, which requires a complaint from the victim within a period of three months, according to the text of Article 10 of the Criminal Procedures Law and its amendments, and the papers were free to submit the complaint within the period prescribed by law, stressing that the two children were not in custody or possession of their mother even We confirm that the accused kidnapped them, where the two sons Originally with their father since the wife left the house and left it.
The Court of Cassation stated in the verdicts of the verdict that “it was established from the appeal judgment that he spent in the appeal lodged by the accused to support the absentee appeal judgment, the judge in his operative that he issued a consensus of opinions without stipulating in his operative that it was issued by consensus, in violation of the requirements of Article 1 / 241 of the Code of Criminal Procedure, what shocked him in violation of the law ».
The court concluded that, according to the provisions of the Code of Criminal Procedure, the Court of Cassation has the right to overturn the ruling in the interest of the accused on its own initiative, if it becomes clear to her that what is fixed in the papers that the ruling is tainted by a defect related to public order, or is based on violating the law or on error In its application or interpretation, it is necessary for the judiciary to overturn the ruling, annul the absent judgment, and support the judgment of the first degree of acquittal of the accused.
The Court of Cassation has the right to overturn the ruling in the interest of the accused of its own accord.