New in drug use cases .. The court cancels 7 users of users and punished them with imprisonment

In an unprecedented ruling and an establishing a principle in cases of pillows’ abuse, the Court of Appeal, headed by Counselor Khaled Al -Shabasi, used its right to amend the ruling of the first degree issued by the Criminal Court with the acquittal of 3 individuals of drug users and 4 drivers, who were arrested during their searches in possession of narcotic substances in the road For each of them, despite the absence of the state of flagrante delicto and its lack of availability.

The ruling of the Appeal Criminal Court, headed by Counselor Khaled Al -Shabasi and membership of Counselor Mohamed Al -Qurash, Counselor Tamer Al -Fanjari, and Counselor Rami Hamdi, in the presence of Ahmed Shaheen, head of the prosecution.

Causes of the first ruling of innocence

The Public Security Investigations and Traffic Department carried a campaign against the users of narcotic substances, the defendants were arrested and in their possession were found in narcotic substances, they were referred to the Public Prosecution that conducted drug analysis and proven positive analysis for them, and they were submitted to the criminal trial.

The court of first degree issued a ruling of innocence of the accused, which was attributed to them from the use of narcotic drugs, based on the lack of flagrante delicto, and the absence of one of the cases of flagranting stipulated legally.

Causes of the ruling of the Court of Appeal of conviction

The Public Prosecution Office appealed the ruling of the first degree before the Appeal Criminal Court, which issued its ruling to convict the defendants and imprison them with a 3 -year imprisonment.

In the reasons for its ruling, the court noted that the laboratory analysis that was conducted for the accused under the supervision and with the knowledge of the Public Prosecution is a separate procedure, and it has no connection with the incident of the arrest of the accused, and sufficient to carry the ruling on conviction alone and according to what the rulings of the Court of Cassation settled, and if there is no case of dressing.

She explained that it was proven in the certainty of the court in a way that does not doubt the suspicion of the accused’s use of narcotic drugs, as the constant is the result of the laboratory analysis of the blood and urine sample taken by the accused issued by the central laboratories of the Ministry of Health.

The court noted that the Public Prosecution conducted the analysis of the defendants as it is the one who has the original jurisdiction in the judicial seizure in accordance with what is stipulated in Article 200 of the Criminal Procedure Law, and that what it takes from the procedures if it performs its tasks, which is a procedure that came according to the procedural legitimacy that is not arbitrarily or arbitrariness or otherwise, and it is separate from the original seizure.

The impact of this ruling on the issues of abuse

This ruling means that the defendants who are seized without being dressed during the use of ice, cannabis, heroin, or other traditional or synthetic drugs, but the prosecution conducted a drug analysis and the positive analysis is proven condemned by the analysis and not the same control.