- The Court of Cassation shall not object to the contested judgment for the defect of violation of the Law and erring in the implementation thereof, before making sure that the appeal is permissible and accepted in the form.

- The Public Prosecution missed the right to appeal the judgment of the Court of First Instance, as this judgment has the force of res judicata and the reversal is then inadmissible as long as the judgment issued in the appeal confirms the judgment of the Court of First Instance, and the Court shall rule inadmissibility thereof sua sponte as it is related to public order.

- Example.

Whereas, in the facts - as apparent in the contested judgment and the documents - the Public Prosecution referred the Respondent to Penal Court stating that on 30/05/2019 at Ajman Directorate,

he acquired alcoholic beverages as described and of which the quantity is stated in the documents, with the intent of personal use and offering to others without obtaining a permit thereof from the competent authority, as stated in the investigations.

It required its punishment according to Article 313 bis 2 of the Federal Penal Code and its amendments.

The Court of First Instance ruled, in the presence of the parties, at the hearing of 04/07/2019, to sentence him for imprisonment of one month and payment of a fine of ten thousand Dirhams for the accusation assigned thereto, and confiscation of the seized goods and of the vehicle no. .............. private Ajman B, and to deport him from the State after execution of the penalty, compelling him to pay the lawsuit fees of AED fifty.

The losing party appealed under appeal no. 897 of 2019 Appeal Penal Ajman, and at the hearing of 05/08/2019, the Court of Appeal ruled confirmation.

The Public Prosecution did not accept the judgment and it appealed it under the current appeal, objecting to the contested judgment for nullification due to the contradicting reasons, which consists an essential violation of the rules of drafting judgments.

Whereas this appeal is inadmissible, as it is prescribed, in the jurisdiction of this Court, that the Court of Cassation shall not object to the contested judgment for the defect of violation of the Law and erring in the implementation thereof, before making sure that the appeal is permissible and accepted in the form. Thus, it is also prescribed that if the Public Prosecution missed the right to appeal the judgment of the Court of First Instance, which is the normal way, then it may take the same to rectify the error of implementation of the Law by the judgment, as this judgment has the force of res judicata and the reversal is then inadmissible as long as the appealed judgment issued upon the request of the appeal confirms the judgment of the Court of First Instance, so if it takes this method of appeal then such appeal is inadmissible and the Court shall rule inadmissibility thereof sua sponte as it is related to public order.

Thus, whereas it is proved in the records of the contested judgment and the rest of the documents that the Public Prosecution did not appeal the judgment rendered by the Court of First Instance but the Respondent appealed it alone, and the contested appealed judgment had confirmed such judgment, then the appealed judgment has the force of res judicata towards Public Prosecution, then the appealed judgment confirming the same by cassation shall not be appealed in cassation, then the current appeal is inadmissible and the Court shall rule its inadmissibility sua sponte.