The Federal Supreme Court referred the case to the “Appeal”

Life sentence overturned for drug trafficking suspects

The Federal Supreme Court upheld the defendants' appeal.

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The Federal Supreme Court overturned a sentence of life imprisonment on those accused of drug trafficking and deportation from the state, deciding to refer their case to the Court of Appeal, to review it again, on the grounds that the crime of trafficking must have a special purpose, which is to notice the introduction and circulation of the drug for sale.

The Public Prosecution had charged a group of defendants with the crime of possession of narcotics with the intention of trafficking in cases other than those authorized by law, as well as charging one of them with drug use, demanding that they be punished in accordance with the provisions of Federal Law No. 14 of 1995 regarding combating narcotics and psychotropic substances, and the first and eighth schedules. of the law itself.

The Court of First Instance sentenced to life imprisonment for the first charge against them, and two years in prison for the accused for the charge of abuse against him, with all of them expelled from the state after carrying out the penalty, confiscation of seizures, and obligating them to pay fees, and the Court of Appeal confirmed it.

This ruling was not accepted by the defendants, so they appealed against it, while the Public Prosecution submitted a memorandum requesting the rejection of these appeals.

The defendants’ defense said that the contested ruling violated the law, and violated the right of the defendants’ defense, as it convicted them of the charge of possession of drugs with intent to trade, although they held before the trial court the lack of the elements of this crime, and the absence of the criminal intent to traffic in their right, because it was not proven that these materials were presented to the The third party, as well as the witness did not witness the sale process, that is, there was no sale of drugs, but the ruling did not achieve the defense of the appellants, even though it is a fundamental defense, which is defective and requires its oversight.

For its part, the Federal Supreme Court upheld the defendants’ appeal, noting that if the intent to trade in psychotropic substances and narcotic substances is a material fact, the subject judge is independent of his discretion, but that this is conditional on leading to the order of the verdict, and that the crime of trafficking In the case of a psychotropic substance, there must be a special intent for its occurrence, which is to make it noticeable that the drug is offered and circulated for sale.

She stated that what is evident from the papers is that the defendants adhered to their defense with no intention of trafficking, and their confession was limited to possession of seized drugs with intent to use.

The appeal ruling concluded that the accusation against the defendants was proven against them from their confession in the investigations that the seizures belonged to another person and the testimony of the witness in the investigations of the Public Prosecution, does not confront their defense and does not provide sufficient evidence to prove trafficking, because there is no element of exchange for money or otherwise, which negates With him the availability of the material elements of the crime of trafficking against the accused.

The court had to exercise its authority to examine and scrutinize to find out the right to the case, investigate the defendants’ defense in this regard, and give the correct legal description to the fact of the case. With cassation referral without the need to discuss the rest of the reasons for the appeal.

• The defendants' confession was limited to possession of seized drugs with intent to use.

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