A girl was fined 5000 dirhams for insulting the deputy director of a hospital

The Ras Al Khaimah Misdemeanors Court of Appeal fined a Gulf girl 5,000 dirhams, with a three-year suspension of the sentence from the date of pronouncement of the verdict, and obliged her to pay the fees, after the important prosecution accused her of throwing the victim, the deputy director of a hospital in Ras Al Khaimah, in one of the ways in public, with the phrase “You have the pen lifted from you.” » While performing his duty.

The court of the first instance ruled her innocence from what was attributed to her for lack of evidence, but the Public Prosecution was not satisfied with the ruling, so she appealed against it, and filed a memorandum requesting at its conclusion to cancel the appealed ruling regarding the acquittal of the girl and to punish her in accordance with the provisions of the Federal Penal Code, based on the shortcomings in causation. For proof.

The accused denied before the court the accusation attributed to her, and her attorney submitted a defense memorandum requesting the rejection of the Public Prosecution’s appeal and upholding the appealed verdict. He was informed by the staff that the accused had visited a resident patient in violation of the Ministry’s instructions regarding precautionary measures for the Corona virus, and continued that the victim moved to the patient’s room and asked her to accompany him to the director’s office and they sat together waiting for the director to attend and discussed about the failure of the hospital’s air conditioning.

She explained that after five minutes had passed, the accused said to the victim, “I am sure that the director will not attend, as the phrase “You have taken the pen away from you” was directed at him. The civil statement against him and what was proven from the statements of the accused that she said the phrase “You have taken the pen away from you.”

She added that it was proven from the statements of the accused that she went with the victim to the director's office and he was not present, and the air conditioner was not working and the temperature was high, and the deputy director was calling the director to attend, and he did not attend, so she left the office from the severity of the heat, and the victim asked her to leave the hospital She said to him, "You have the pen lifted from you," meaning that there is no violation of her presence in the hospital, and here the victim asked her to leave the hospital, and he did not let her explain to him the phrase she uttered.

She pointed out that the defense dispute in the criminal intent that the accused did not mean by her expression insult or insult, but rather meant not to be held accountable and that when she writes the news, they will not be held responsible for the negligence. The legal term for swearing is all the attachment of a defect or expression that degrades a person.

She stated that since the phrase attributed by the accused to the victim bears an explicit expression indicative of contempt and degrading, as it bears the meaning of non-commissioning and loss of capacity, and that the crime has complemented its elements and the presence of criminal intent, which must be convicted of the crime and punished in accordance with the provisions of the law.

She explained that it has been proven with certainty that the accused committed the crime ascribed to her, and since the appealed judgment had only acquitted her, it violated the law, and then the court decided by unanimous opinion to cancel the judgment of the first degree and the judiciary to convict and punish the accused, and to fine her five thousand dirhams when a justified punishment for the two offenses of public and non-public insults was established against her. overt.

She added that due to the circumstances of the incident and its circumstances and the defendant's circumstances, the court orders a stay of execution of the penalty for a period of three years from the date of pronouncement of the verdict, and obligated her to pay the fee due for the criminal case.

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