Fearing the words of people and relatives, a resident mother hides her daughter's nervous disease, as she performs actions that harm her body, but her grandmother to her father, informed the police, when she discovered wounds throughout her body, which exposed the mother to legal accountability for harming the child, while insisting on hiding her illness even Not recorded in the police records .. so what do you do?
The mother says that her four-year-old daughter is ill with a neurological disease, and she performs actions that would harm herself, but does not harm others, and because of the family’s concern for the girl’s psyche hides the truth of her illness, and she denies people even from the rest of the family and does not know about this disease The girl except her mother and father. And she continues: If her daughter was visiting her grandmother from her father, the grandmother saw wounds all over the girl's body, and I suspected that I was beating and hurting her, and instead of the grandmother clarifying the matter, she submitted a report to the police, and the girl was presented for a medical examination, and it is strange that even the doctor who signed The examination of the girl did not inquire about the girl’s medical history, and she was satisfied with describing the situation that appears on the girl’s body from wounds. She did not discover her neurological disease or did not care about anything other than the apparent detection, and then the police referred me to the Public Prosecution and awaiting my presentation to the court, and I did not mention the fact of the girl’s disease Fearing for her psyche and reputation, God may write to her DONC.
The mother is seeking advice, and can she be punished with a sentence that I assaulted my daughter? What punishment can the court impose in this case? Would it be a simple fine, for example, and pay it to protect the girl? Can I ask the court to have the session secret and not write my statements in an official record?
The legal advisor Dr. Youssef Al-Sharif answers the reader by saying that the poor mother behaves in the nature of the mother, she thinks that she protects her daughter from the words of people or their perception of her, but in reality she harms her without what she knows, because the disease is not an affliction or shame, but it is a trial from God to test Our patience and endurance over the disease, and the concealment of the girl’s disease is the bitterness that the mother now drinks as a result of her acting without wisdom.
And he asks a question to the mother: "You are afraid that you will write in official records that your daughter is sick, and this reality will be revealed as soon as she enters the kindergarten or school, but you are not afraid to register in official records and judicial rulings that you are a criminal, think about the reality and leave the films that you taught us from false sacrifices Or exaggerated crimes, I do not deny this or that, but if any, it is an exception and I will consider you as one of these exceptions. "
From a legal point of view, he advised the mother to ask for a request to present the girl to a medical committee from the forensic medicine, to include among them a doctor who specializes in psychiatry and nervousness, and to explain the girl’s medical history, to provide health care for this sick girl and this is the eye of her protection, and to prove the mother’s innocence from a charge that was not Commits it, and the mother can request that the session be confidential and the court can assess the situation by acceptance or rejection, pointing out that the courts do not mind in such cases, but in all cases it is necessary to prove what you say as a defense of yourself, the court will build on the basis of its ruling whether it is satisfied with it If you absolve or not convict him, you will be condemned. " The court is convinced of your defense that your crime will be in accordance with the Child Rights Law known as the Wadima Law, which stipulates that: “It is prohibited for a child to be subjected to torture or physical abuse, or to perform any act involving cruelty that affects the child’s emotional, psychological, mental or moral balance.” The penalty prescribed by the same law is that: “Anyone who violates the provision of Article (36) of this law shall be punished with imprisonment and a fine of no less than fifty thousand dirhams.” And that the court may rule by deporting you from the state of being an immigrant in accordance with the provisions of the Penal Code which stipulates that: “If a foreigner is sentenced to a felony with a penalty restricting liberty or for crimes committed on the offer, the ruling shall be made to deport him from the state, and the court may order other misdemeanors to order In its ruling excluding him from the state, or ruling on deportation instead of ruling against him for the punishment that restricts freedom.
He concludes by saying: "The court can take into account the relationship between you and the girl and the lack of criminal intent to harm her, and consider this as a disciplinary punishment, so reduce the punishment, even if this matter is somewhat far in light of what has been proven in the medical report, but it is not impossible, so I advise you to recognize the truth of the girl's illness." And providing evidence to that effect, whether previous medical reports, if any, and the father’s testimony, until the court is convinced, submits the girl to a forensic committee, or reduces the punishment as much as possible.