"Fujairah Appeal" ruled their innocence

A customary marriage contract leads the newlyweds and the two witnesses to court

The Federal Supreme Court upheld an appeal against a ruling that punished four defendants (from an Arab country), including a woman, with six months in prison with deportation outside the country after the expiry of the penalty, on charges of forging a “customary marriage contract,” deciding to refer the case to the Court of Appeal in Fujairah to be considered again. The verdict against them was nullified, and the Court of Appeals acquitted the four defendants, and rescinded the sentences against them.

The facts of the case go back when the first accused presented a forged customary editor to a government hospital, knowing that it was forged. The Public Prosecution in Fujairah charged four defendants with forgery, namely the husband, wife and witnesses to the contract, and demanded that they be punished by the Federal Penal Code.

The Court of First Instance in Fujairah, in presence, ruled that all the accused be imprisoned for six months for the charges against them, and ordered their deportation from the state, confiscation of the contract, and obligating them to pay the case fees.

While the two defendants (the witnesses to the contract) appealed the verdict of the Court of First Instance before the Court of Appeal, and the court ruled, in presence and unanimously, to accept the appeal in form, and in the matter rejected it, and obligated them to pay the case fees.

For her part, the client of the accused (the two witnesses to the contract), lawyer and legal advisor Hessa Hamid Al-Shara, appealed the ruling of the Court of Appeal before the Federal Supreme Court, and argued that the accused witnesses did not lack criminal intent, and that they signed at the request of the parties to the contract, and they have no interest. in the contract.

After the Federal Supreme Court accepted the appeal, and referred it to the Fujairah Penal Appeal Court, Al-Shara demanded that the forged document be presented to the defendants to express their opinion on it, noting the absence of criminal intent with the racist knowledge and will of the accused witnesses, demanding the annulment of the judgment issued against them, and all measures of deportation, because the contract The alleged customary forgery and its use, free of any material and moral forgery from the witnesses, as well as the absence of the moral element in its two forms, the general criminal intent represented by the intention of the offender to commit the crime with knowledge of its elements, as required by law.

For its part, the Fujairah Appeals Court ruled for the two witnesses, in presence and in absentia, for the first accused and the second accused (the spouses), to cancel the appealed judgment in the penalty imposed on the charges of forgery and use, and acquitted the four accused, and annulled the appealed judgment regarding the confiscation of the contract and deportation.

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