The Federal Supreme Court resolved the dispute by pardoning the accused

A woman provokes her husband and leads him to court with a “mobile”

• Lawyer Muhammad Al-Awami: "The injuries inflicted on the woman occurred as a result of the accused pushing her away from him, because she and her daughters provoked him."

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The Federal Supreme Court resolved a long-running judicial dispute that necessitated two appeals against the ruling of the Court of Appeal. Rare in its course and its end.

The court considered that the assault was not on the part of the man only, but was reciprocal between the two parties, being the result of a family dispute, and that he was provoked and beaten in turn by the woman and her daughters.

In detail, the judicial dispute between the two parties began when the Public Prosecution referred the accused to the Court of First Instance on charges of assaulting the safety of the victim (his wife) by beating, causing her to suffer an injury that required treatment for more than 20 days, and accusing her of insulting her with words that offend her honor and consideration.

In the first session on November 11, the Court of First Instance fined the accused 5,000 thousand dirhams for the first charge and 3,000 dirhams for the second charge and imprisoned him for one month. The appealed judgment with a stay of imprisonment for a period of three years starting from the date of the judgment becoming final.

For his part, the defense also appealed against the ruling of the Court of Appeal before the Federal Supreme Court, and the Public Prosecution submitted a memorandum requesting that the appealed ruling be set aside.

After considering the request of the appellant and the Public Prosecution, the Federal Supreme Court overturned the judgment of the Court of Appeal, and stated in the merits of the decision that the appellant stated that the appeal judgment was invalid for violating the law, since the draft judgment of the first instance was not signed by the judge, as it appeared in the original judgment copy that it had been issued On November 11, the pronunciation record stated that it was issued on November 18, and these are essential data. It is not correct to issue the judgment of the Court of Appeal without it or without taking it into account, because it cancels the judgment of the Court of First Instance for nullity, and thus invalidates the judgment of the appeal.

And the "Federal Supreme" confirmed in the merits of its first ruling that litigation procedures and issuing judgments are from the public order, and any party may raise it at any stage of litigation, even if it is for the first time before the Supreme Court, and that the judicial decision is that the minutes of the session are the main reference that is approved It is to monitor the rule's adherence to the general rules.

In the final stage of the litigation, and after examining the merits of the case, the Federal Supreme Court decided to overturn the appealed judgment of convicting the appellant and granted a pardon for him.

In its rationale, it stated that the rescinded verdict included evidence from which the accused was convicted, including the victim's statements and a medical report including the injuries she sustained, which consisted of abrasions on the hands and fingers of the right hand.

But for his part, the accused decided, according to the defense memo, that the injuries inflicted on the woman occurred as a result of him pushing her away from him, as she and her daughters provoked him by snatching his mobile phone, pulling and pulling him by the neck, and punching him in the face, and submitted a medical report confirming the presence of traces of beating and redness on the neck, And the effects of the nose and pain in the chest area.

Accordingly, the court concludes that the violence was reciprocal between the appellant and the victim based on what is proven in the two medical reports, due to a family dispute that broke out between them. He has a history, and he was in a state of provocation.

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