Appeal in Cassation No

Insult. Crime “its investigations”. Complaint. Law “implementation”. Judgment “miscarriage of justice”. Reversal “of the accepted grounds”.

- The penal lawsuit in the insult crime shall not be filed except on the basis of a written or verbal complaint filed by the victim or his legal representative.

- The complaint shall not be accepted after three months from the day the victim is aware of the crime and the committing thereof, unless the Law stipulates otherwise.

- Failure of the victim to file his complaint within three months and the lapse of this period is considered an implicit pardon of the Defendant before reporting, then the lawsuit shall not be filed due to the forfeiture of the right of the defamed party in the complaint then the contested judgment erred in the implementation of the Law. It shall be reversed.

Whereas it is prescribed, in Article 10 of the Criminal Procedure Law, that a criminal lawsuit shall not be filed in the crimes, including the crime of insult, except on the basis of a written or verbal complaint from the victim or his representative... The complaint shall not be accepted after three months from the day the victim is aware of the crime and the perpetrator thereof, unless the Law stipulates otherwise.

Thus, whereas it is stated as declared by the victim in the evidence-gathering minutes that the incident of insult was on 01/08/2018 and the date of filing the complaint is on 07/11/2018, i.e. three months and eleven days later, and the Law had specified a period of three months to accept the complaint and the fact that the victim did not file his complaint during this period, and the lapse of this period is considered as implicit pardon of the Defendant before reporting, thus the lawsuit shall not be filed as the right of the defamed party was forfeited. Whereas the contested judgment violated this consideration then it shall be defective for violating the Law and erring in the implementation thereof then it shall be reversed.

The Court,

Whereas, in the facts - as apparent in the contested judgment and the documents - the Public Prosecution accused the Appellant in cassation that on 07/11/2018 at Ajman Directorate,

he insulted the victim ........................ with the terms stated in the minutes, using WhatsApp as stated in the documents.

It requested his punishment according to Articles 20/41 1/1 42 of Federal Decree Law no. 21 of 2012 on Combating IT Crimes.

On 08/04/2019, the Court of First Instance ruled against the Appellant in cassation a fine of three thousand Dirhams for the accusation assigned thereto, confiscation of his phone and compelling him to pay the fees.

The losing party appealed the said judgment under appeal no. 551 of 2019.

- On 19/05/2019, the Court of Appeal ruled to accept the appeal in the form, to reject it in the merits, to confirm the appealed judgment and compel him to pay the fees. This judgment was not accepted by the Appellant in cassation so he filed the current appeal.

The Public Prosecution submitted a memorandum requesting the reversal of the contested judgment.

Whereas the Appellant in cassation objects to the contested judgment for violating Law no. 10 of Criminal Procedure Law, as he condemned him for the accusation assigned thereto despite the lapse of more than three months from filing the complaint on the date of the incident, which renders the judgment defective and shall be reversed.

Whereas the objection is valid as it is prescribed, in Article 10 of the Criminal Procedure Law, that a criminal lawsuit shall not be filed in the crimes, including the crime of insult, except on the basis of a written or verbal complaint from the victim or his representative... The complaint shall not be accepted after three months from the day the victim is aware of the crime and the perpetrator thereof, unless the Law stipulates otherwise.

Thus, whereas it is stated as declared by the victim in the evidence-gathering minutes that the incident of insult was on 01/08/2018 and the date of filing the complaint is on 07/11/2018, i.e. three months and eleven days later, and the Law had specified a period of three months to accept the complaint and the fact that the victim did not file his complaint during this period, and the lapse of this period is considered as implicit pardon of the Defendant before reporting, thus the lawsuit shall not be filed as the right of the defamed party was forfeited. Whereas the contested judgment violated this consideration then it shall be defective for violating the Law and erring in the implementation thereof then it shall be reversed.

Whereas the subject is valid for settlement.