The case was returned to the Court of Appeal

"Discrimination" overturns a sentence of imprisonment for people accused of drug use

"Discrimination" considers replacing imprisonment with a fine.

= Archival

The Court of Cassation in Ras Al Khaimah overturned an appeals ruling, which upheld the first-degree verdict convicting two Arab suspects: the first was imprisoned for five years and a fine of 20 thousand dirhams, and the second was imprisoned for two years and he was deported from the state after serving the sentence, indicating that the judgment of appeal was marred by a mistake in the application of the law. To replace the imprisonment penalty with a fine that does not exceed 10,000 dirhams for the second accused.

The Public Prosecution had assigned the accused to possessing, facilitating and consuming narcotic substances, as the case was deliberated before a court of first instance, which ruled in presence to punish the first accused with five years imprisonment and a fine of 20,000 dirhams, and the second imprisonment for two years, and his removal from the state after the execution of the sentence, as the two defendants did not accept the verdict. So we challenged him to appeal.

The Court of Appeal stated that the ruling of the first degree agreed with the correct law, especially that the court reassured the seriousness of the investigations on which the permission of the Public Prosecution was based, and was reassured that the second accused was the source of drugs, and the first accused allowed drug use in his home, which is what the court decides with him to uphold the ruling The appellant, as the verdict was not accepted by the defendants, then he appealed against it through the Court of Cassation.

The defense attorney, Ramzi al-Ajouz, said that the appealed ruling stipulated that the appellants be punished for the charges against them, without indicating the period of availability of elements of the crimes against them, pointing out that the ruling did not mention the defense of the appellants regarding the violation of the primary ruling in the application of the law and the verdict contradicted each other. Especially when it ruled that the second accused be sentenced to two years imprisonment, despite the fact that in the case of non-recidivism, despite the fact that the court relied on the merits of its ruling on the Narcotic Substances Control Act, which states that the court may, in a case other than recidivism, instead of ruling to punish the accused with imprisonment, that A ruling for his deposit in one of the addiction treatment units, or his deposit in a rehabilitation center, or a fine not exceeding 10 thousand dirhams, or punished by one of the measures of community service.

The Court of Cassation confirmed that the verdict was contaminated with a mistake in applying the law, as he had to replace that imprisonment with a fine, which the court must set aside.

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