In the name of the people
Court of Cassation
Criminal Chamber
Saturday (b)
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Written and headed by Judge / Ali Suleiman , "Vice President of the Court"
And the membership of Judges / Khaled El-Gendy and Ahmed Kamal El-Khouli , “Deputy President of the Court” , Rami Shoman and Yassin Ismail
And the presence of the Chief Public Prosecutor at the Court of Cassation, Mr. Amr Al-Minshawi.
And the Secretary, Mr. Taher Abdel-Radi.
In the public session held at the court’s headquarters in the High Court of Justice in Cairo.
On Saturday, 25 Jumada I , 1442 AH, corresponding to January 9, 2021 AD.
It issued the following ruling:
In the appeal registered in the court’s schedule No. 8535 for the year 88 Judicial.
Uploaded by:
1- Essam Ahmed Mohamed Al-Shabasi
2- Muhammad Abdul-Basit Musa Ibrahim Al-Far
3- Adnan Abdel Moneim Ahmed Al Hamamsi “convicted” opposite Public Prosecution
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"the facts"
The Public Prosecution indicted: 1- Ayman Muhammad Muhammad Issa, known as Ayman Sheta 2- Mustafa al-Sayed Muhammad Zahran 3- Mustafa Sayed Ahmad Wahib 4- Muhammad Musaad Juma Gharib alias Muhammad Abu Ghraib 5- Mahmoud Hoda Sayed Owais 6- Abd al-Hadi Abd al-Karim al-Barbari 7- Alaa Abdul Karim Al-Barbari 8- Hamada Abu Zaid Attia 9- Saber Ezzedine Nasr Othman 10- Essam Ahmed Muhammad Al-Shabasi “the Plague” 11- Hussein Abbas Abu Salih 12- Muhammad Abdul-Basit Musa Ibrahim Al-Far “the Plague” 13- Adnan Abdel-Moneim Ahmed Al-Hamamsi “the Plague” 14- Saeed Abdel-Fattah Abdel-Aal Ibrahim 1 5- Waheed Muhammad Muhammad Al-Azali 16- Hani Marjan Jaber and his American fame 17- Samir Muhammad Muhammad al-Azli 18- Ahmad Bishr al-Sabbagh 19- Ahmad Muhammad Abdulaziz Kashiout, his fame is Ahmed Al-Haddouni 20- Waleed Khairy Muhammad Kilani 21- Amr Sami Al-Maghazi Farah 22- Saad Fathi Saad Sayed Ahmed Saleh 23- Muhammad Faraj Muhammad Jad Al-Haqq 24 -Tareq Arafa Juma Arafa in felony case No. 9793 for the year 2017 Edco Center (which is listed in the total table No. 1480 of 2017 , North Damanhour Valley).
That on August 19, 2017 , in the district of Idku Center - Buhaira Governorate:-
1- They and unknown others have joined an organized criminal group for the purposes of smuggling migrants.
2- They and others, unknown, began smuggling the migrants whose names were mentioned in the investigations, and that act threatened their protection and endangered their health. Among them were children and women whose names were mentioned in the investigations. This was when the accused used the seized watercraft owned by the fifteenth defendant for a purpose other than its intended purpose, but it was disappointed. The effect of the crime was due to a reason that had nothing to do with their will, which is the arrest of immigrants as indicated in the investigations.
3- Prepare a place to accommodate the immigrants as indicated in the investigations.
She referred them to the Damanhour Criminal Court to punish them according to the record and description contained in the referral order.
The aforementioned court ruled in the presence of the third, fifth, tenth, twelfth, thirteenth, fourteenth, and twenty-second defendants, and in absentia, for the rest on December 21 , 2017 , pursuant to Articles 1 , 5, 6, and 9 of Law No. 82 of 2016 regarding the issuance of the law to combat illegal immigration and smuggling of migrants. With the implementation of the text of Articles 17 of the Penal Code for the fifth, twelfth and thirteenth defendants, 32 of the same last law.
First: Punishing the following: 1- The first: Ayman Muhammad Muhammad Issa, whose fame is Ayman Shata 2- The second: Mustafa al-Sayyid Muhammad Zahran 4- Fourth: Muhammad Musaad Juma Gharib, his fame is Muhammad Abu Ghraib 6- The sixth: Abdul Hadi Abdul Karim al-Barbari 7- The seventh: Alaa Abd al-Karim al-Barbari 8 - Eighth: Hamada Abu Zaid Attia 9- Ninth: Saber Ezzedine Nasr Othman 15- Fifteenth: Waheed Muhammad Muhammad Muhammad al-Azli 16- Sixteenth: Hani Marjan Jaber and his American fame 17- Seventeenth: Samir Muhammad Muhammad al-Azali 18- Eighteenth: Ahmed Bishr al-Sabbagh 19- Nineteenth: Ahmed Muhammad Abdulaziz Qashiout, known as Ahmad Al-Haddouni, was imprisoned for fifteen years, fined two hundred thousand pounds, and obligated him to bear the housing and living expenses of the individuals whom he began smuggling and those accompanying them until the completion of the necessary judicial and administrative procedures, the expenses of returning them to their country or place of residence, and criminal expenses. Second: To punish the following: 1- The twentieth defendant: Walid Khairy Muhammad Kilani, and the twenty-first defendant:Amr Sami Al Maghazi Farah is imprisoned for three years and fined two hundred thousand pounds. 2- The third defendant / Mustafa Mustafa Sayed Ahmed Wahib, the tenth / Essam Ahmed Mohamed Al-Shabasi, and the eleventh / Hussein Abbas Abu Saleh, was imprisoned for three years and fined fifty thousand pounds 3- The fifth defendant / Mahmoud Hoda Sayed Ahmed Owais, the twelfth / Muhammad Abdel-Basit Musa Ibrahim Al-Far, and the thirteenth / Adnan Abdel-Moneim Ahmed Al-Hamamsi with imprisonment for one year and a fine of fifty thousand pounds, and obligating all of them to bear the housing and living expenses of the individuals whom he began smuggling and who accompany them until the end of the judicial procedures The necessary administrative and administrative expenses and the expenses of returning them to their country or place of residence and criminal expenses. Third: The acquittal of each of the fourteenth: Saeed Abdel Fattah Abdel Aal Ibrahim, the twenty-two / Saad Fathi Saad Sayed Ahmed Saleh, the twenty-third / Muhammad Faraj Muhammad Jad Al-Haq, and the twenty-fourth / Tariq Arafa Juma Arafa which is attributed to him.Said Abdel-Fattah Abdel-Aal Ibrahim, the twenty-first / Saad Fathi Saad Sayed Ahmed Saleh, the twenty-third / Muhammad Faraj Muhammad Jad al-Haq, and the twenty-fourth / Tariq Arafa, Juma Arafa, which was attributed to him.Said Abdel-Fattah Abdel-Aal Ibrahim, the twenty-first / Saad Fathi Saad Sayed Ahmed Saleh, the twenty-third / Muhammad Faraj Muhammad Jad al-Haq, and the twenty-fourth / Tariq Arafa, Juma Arafa, which was attributed to him.
The twelfth convict, Muhammad Abd al-Basit Musa al-Far, and the thirteenth convict, Adnan Abd al-Moneim Ahmad al-Hamamsi, appealed - in this judgment by way of cassation - on December 27, 2017.
The tenth convict, Essam Ahmed Muhammad Al-Shabasi, also appealed this ruling by way of cassation on January 15, 2018.
Two memoranda of reasons for the appeal were filed, the first on February 14, 2018, on behalf of all the appellants, signed by Mr. Abdel Moneim Abu Harj, the lawyer, and the second on February 17, 2018 on behalf of the twelfth convict / Muhammad Abdul-Basit Musa Ibrahim Al-Far, signed by Mr. Maher Naim Atallah. Lawyer .
In today's session, the court considered the appeal, where it heard the pleading, as indicated in the minutes of the session.
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court
After reviewing the papers and hearing the report that was read by the judge, the judge, the pleading, and after legal deliberation:
As the appeal has fulfilled the form prescribed in the law.
The unreasonableness of perceiving the occurrence of the incident and its fabrication, the absence of evidence to convict them, the lack of serious investigations, the failure to file any accusation from the victims against the accused, the nullity of the Public Prosecution’s investigations with the victims due to the absence of an interpreter with them, and all the essential defenses made by the second appellant. All of this is wrong with the ruling and requires it to be overturned.
In the case presented - this is a realization of the rule of law, and therefore the appellants' prohibition that the judgment was marred by ambiguity and lack of knowledge of the facts and evidence of the case is irrelevant. Since that was the case, and the records of the contested judgment indicated that the court had become aware of the fact of the case and took note of the accusation against the convicts, and condemned them with the justifiable evidence that was taken by it while it was aware of its order, then arguing with it on the grounds of corruption in the inference and the distortion of the image of the incident in it implies a substantive dispute regarding Independent by the court of the subject without a commentator. As this was, and what the appellants raised about that they did not attempt to smuggle migrants or join a criminal group for the purpose of smuggling migrants is nothing more than a dispute in the form of the incident as the court was convinced of. The response to it is based on the evidentiary evidence mentioned by the judgment, since according to the judgment in order to be pampered and to be straightforward in his judgment, he should provide the productive evidence that he had on what he had extracted from the occurrence of the crime ascribed to the accused. . Since that is the case, and the obituary that the incident - assuming its authenticity - does not constitute any crime mentioned, is also a dispute over the image that the court has embraced of the incident and an objective argument in the authority of the subject court to extract the image of the incident as it was depicted in its conscience from which it is independent in adjudicating it without Expeditor .20 of Law No. 25 of 1966 promulgating the Military Provisions Law. Inspection of those entering and leaving the border areas - military or civilian - as members of the military police listed by Article 12Since this was, and it was decided that the appeal must be accepted, it must be clear and specific, indicating what the plaintiff aims at so that it becomes clear how important it is in the case presented and being productive in it. The ruling on memorizing it and responding to it, what he cites in this regard is not acceptable. The court indicates that the amount of the fine decided in the contested judgment is fifty thousand pounds, although the minimum fine that must be imposed according to the text of Article 6 of Law No.82 for the year 2016 6 in the matter of combating illegal immigration, it is two hundred thousand pounds, which cannot be corrected and corrected because the appeal is filed by the accused alone, and he is not harmed by his appeal according to the principle established in Article 43 of Law No. 57 of 1959 regarding cases and procedures for appeal before the Court of Cassation . In view of the foregoing, the appeal in its entirety is unfounded and must be rejected in substance.
For these reasons
The court ruled: accepting the appeal in form and in the matter by rejecting it.
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