A WhatsApp message costs a young man 35,000 dirhams

An offensive message sent by a young man to a girl via WhatsApp cost 35,000 dirhams, as he was penalized for insulting the victim with an amount of 20,000 dirhams, while the Abu Dhabi Court for Family and Civil and Administrative Claims ordered him to pay the girl 15,000 dirhams as moral compensation. .

And in details, a girl filed a lawsuit against a young man, demanding that he pay her 100,000 dirhams in compensation for the material and moral damages she sustained, as well as obligating him to pay fees and expenses, noting that the defendant insulted her through the social networking program “WhatsApp” in indecent expressions and described it. That she is mentally ill and was convicted of insulting him under a final criminal judgment and fined him 20 thousand dirhams and ordering the erasure of the phrases subject of the crime, while the defendant submitted a reply memorandum to the court.

 The court clarified that it is legally established that the judgment issued in criminal matters has authority in the civil lawsuit before the civil courts whenever it has made a necessary chapter in the occurrence of the act constituting the common basis between the criminal and civil lawsuits and in the legal description of this act and its attribution to its perpetrator, noting that the evidence In the papers, the defendant’s mistake was to insult the plaintiff through the social networking program “WhatsApp.” He was convicted of that accusation under a final criminal judgment, and that mistake by which the defendant was convicted was the same mistake on which the plaintiff relied in filing a compensation case, so it is The penal verdict decided the conviction to prove the error in its aspect of insulting the plaintiff, it must have separated a necessary chapter in the occurrence of the act constituting the common basis between the criminal and civil lawsuits and in the legal description of this act and its attribution to its perpetrator.

The court indicated that according to the Civil Transactions Law, every harm to others obliges the doer, even if he is not distinguished, to guarantee the harm, noting that the defendant’s mistake is proven, and that error is considered an infringement on the plaintiff according to the law, and it would lead to hurting her feelings and causing her grief, moral pain and scratching in the her reputation and inflicting psychological and moral damage on her, which makes the request for compensation for moral and moral damage come on the basis of reality and law and is worthy of acceptance.

While the court rejected the plaintiff’s request for compensation for the material damage, noting that she did not indicate the nature of the material damage that had befallen her, nor did she provide any evidence for the losses she incurred, and the papers were devoid of any evidence in this regard. Evidence, and the court ruled to oblige the defendant to pay the plaintiff an amount of 15,000 dirhams, Jaber’s compensation for the moral and moral damages she sustained, and to obligate the defendant to pay the fees and expenses of the lawsuit.

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