The Federal Supreme Court rejected the prosecution's appeal

Confirmation of the innocence of a person of the charge of possession of a weapon without a license

The Federal Supreme Court rejected the Public Prosecution's appeal against an appeal ruling that acquitted a person of the crime of possessing a hunting weapon without a license, as the papers were devoid of a technical report showing the type of weapon seized.

The Public Prosecution referred the accused to a criminal trial on charges of possessing a hunting weapon without a license from the competent authorities, demanding that he be punished.

The Court of First Instance in his presence acquitted him of the charge against him, and the Court of Appeal upheld it, while the Public Prosecution appealed the ruling, indicating that the accused had admitted possessing the weapon, in addition to the investigation report that proved that the seized weapon was included in the Weapons and Ammunition Law, and that the accused may not be possessed without a license. The court should not have given the correct legal qualification to the facts of the case and the reasons on which it relied in presenting the evidentiary evidence.

The Federal Supreme Court, in the reasons for its rejection of the prosecution’s appeal against the acquittal, stated that “the crime of possessing a weapon can only be achieved by a presumed previous verification, which is that the weapon in possession falls within the scope of the definition provided by Federal Decree Law No. (5) of 2013 regarding weapons ammunition, explosives and military equipment, and that the final say in this regard is for technical expertise and not for personal expertise.”

She pointed out that what is established from the appeal ruling is that he established his acquittal based on the absence of a technical report on the papers showing the type and prescription of the weapon seized in the accused’s possession, and whether it was among the weapons prohibited from possessing under the aforementioned decree-law, and therefore the prosecution’s awareness is inappropriate. his place.

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