Federal Supreme Council refuses to reduce the sentence of those accused of stealing a car

The Federal Supreme Court upheld the appeal of the Public Prosecution against a ruling that reduced the penalty for those accused of stealing a car worth 13 thousand dirhams, from imprisonment to a fine, confirming that the ruling violated the law, and decided to refer the case to the Court of Appeal to estimate the appropriate punishment.

The first instance court ruled that all the defendants were imprisoned for two months, then the Appeals Court ruled to amend the sentence from imprisonment to a fine of 2000 dirhams each, so the Public Prosecution appealed this ruling in cassation.

For its part, the Federal Court affirmed, in the terms of support for the appeal, that the judiciary of this court will decide that in misdemeanors for which the legislator has decided a minimum penalty for imprisonment, and the court has a mitigating excuse or circumstances that require clemency, it did not give the judge the freedom to assess the punishment With what he deems appropriate in accordance with the penal policy established for the assessment of the penalty, except that it does not adhere to the minimum penalty for imprisonment for a misdemeanor, and provided that it does not fall below the minimum limit of one month for imprisonment.

She indicated that if the misdemeanor penalty assigned to the accused has a minimum sentence of imprisonment, and the judge considers the use of a mitigating excuse, or circumstances that require clemency, then in this case he does not adhere to the minimum penalty for imprisonment, meaning that he may not substitute the imprisonment sentence with a fine.

The court concluded that the judgment of appeal amended the sentence imposed in the first ruling to fine each of the defendants of 2000 dirhams, as he had violated the law and made a mistake in applying it.

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