"Ras Al Khaimah Misdemeanour" confirmed the absence of the elements of the crime
Khaleeji's innocence of assaulting his wife's privacy
A Gulf wife refused to sue her (Gulf Arab) husband, after accusing him of accessing her account via "Snapchat" and copying and storing her and her friend's photos.
The indictment of the Public Prosecution stated that the accused had accessed an information technology means without permission, which resulted in copying personal data and information, and used an information technology means to attack the privacy of a person in unauthorized cases.
The case papers stated that the friend of the accused’s wife (Gulf) filed a complaint with the police, stating that her friend’s husband obtained his wife’s phone, and copied pictures and videos of her, which she sent to her friend via “Snapchat”, pointing out that the photos and videos contain private content. them, and the accused viewed them and stored them without her permission and consent.
During the investigations, the accused said that on the day of the incident, his wife handed him her phone in order to receive a food order, and because there were differences between him and her, he looked at her account in the “Snapchat” application, to find out the source of the photos and videos, and stored the photos and conversations, given that the phone was his wife’s phone, and he was surprised Later, his wife's friend filed a complaint against him, adding that he voluntarily handed over his wife's phone to the police when they asked him to do so. The wife stated during the investigations that she did not want to file a complaint against her husband, because he entered her account through the “Snapchat” application and viewed her photos, stressing that he did not see the complainant’s photos, and that she would like to return to her husband, and does not want any problem that may lead to their separation. For his part, the accused's attorney, Mahmoud Shibl, demanded a ruling not to accept the criminal case, for the absence of a complaint, and his client's denial of the two charges against him in the investigation stages.
The judgment of the misdemeanour court stated that the two charges against the accused were baseless, as the photos, conversations and videos that the accused entered were not through the complainant’s account on the “Snapchat” program, but through the account of his wife, who admitted that she had handed the phone to him, and that she decided In the investigations, she does not wish to file a complaint against him, which precludes the intent to infringe on the privacy required by the provisions of Article 378 of the Federal Penal Code, in accordance with the satisfaction and approval of the accused’s wife on this completely, just as the element of that crime in the face of the complainant is absent.
She explained that the accused never went to see the privacy of the complainant, but rather went to see the privacy of his wife, which requires the acquittal of the accused, in accordance with the text of Article 211 of the Code of Criminal Procedure.
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