The Federal Supreme Court ruled, that the public prosecution may not appeal against an appeal ruling ruling to punish a person accused of trafficking and drug use, with three years imprisonment and a financial fine. The court decided that the appeal ruling overlooked the ruling on the appeal of the public prosecutor, but this would be done by referring to the same court that examined the case and not To appeal the ruling.
The Public Prosecutor had referred a person to trial, four charges against him, possession of heroin for the purpose of trafficking, and charges of drug and psychotropic substances, and resistance to law enforcement officials while carrying out their job, demanding that he be punished by articles of Federal Law No. 14 of 1995 in the matter of combating narcotic drugs and substances Mental and its amendments, and the first and sixth tables attached to this law.
A court of first instance in attendance ruled to punish the accused first with a fifteen year imprisonment and a fine of fifty thousand dirhams for the first charge assigned to him according to the amended description, secondly to two years imprisonment for the two charges of abuse assigned to him for association, and thirdly to three years imprisonment and a fine of twenty thousand dirhams for the fourth charged assigned To him, by seizing the seizures and obliging the accused to draw the legal fee.
Both the accused and the Public Prosecution appealed this ruling. The Federal Court of Appeal ruled that the accused be imprisoned for two years and a fine of ten thousand dirhams for the first and second charges according to the amended description, and for one year imprisonment for the third charge assigned to him, and his innocence from the fourth charge assigned to him and by confiscating the seizures and obliging him With legal drawing.
This ruling was not accepted by the Public Prosecution, and it challenged it, explaining that the ruling violated the law and erred in its application, in order to fail to consider the appeal lodged against it and limited it to the accused's appeal.
For its part, the Federal Supreme Court affirmed that the ruling cannot be appealed, noting that the first article of the Code of Criminal Procedure stipulates that "the provisions of the Code of Procedure shall apply before civil courts unless there is a special provision in this law," adding that the text of the article ( 139) of the Civil Procedure Code that, “If the court neglects the ruling on some substantive requests, it must, at the request of one of the stakeholders, consider the request and judge it after declaring the opponent against it, and the ruling is subject to the rules of appeal that apply to the original ruling.”
The court indicated that the Public Prosecution under Article (7) of the Criminal Procedure Law is concerned with filing and initiating the criminal lawsuit, and that its appeal to the preliminary ruling under Article 241 of the same law would re-raise this lawsuit before the Court of Appeals, which may support, cancel, or amend this appealed ruling. Either against or for the benefit of the accused.
It stated that the constant of the appeal judgment blogs is that it considered the appeal made by the accused and omitted the decision in the appeal of the Public Prosecution, ending that what was decided by this court’s judiciary was to remedy what the court had overlooked the dismissal of the requests, by referring to the same court that examined the case to determine what She forgot to rule on it and not to appeal the ruling, and then it is necessary to judge that it is not permissible to appeal.