Cassation
No. 1174 of 2019 - Penal
Panel:
Presided by Mr. Judge / Mohamed Abdul-Rahman Al-Jarrah - Chief Judge of the
Circuit - with the membership of Judges / Abdul-Haq Ahmed Yammine and Ahmed
Abdullah Al-Mulla
The
Federal Supreme Court "its authority". Public order. Procedures. Appeal
"judgments that may not be challenged." Judgment "Judgment that may not be
subject to cassation.
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The litigation procedures and issuance of judgments are related to the public
order. Meaning thereof. The Supreme Court. may raise it sua sponte, even if it
was not raised by any of the opponents.
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Judgments issued in absentia may not be subject to cassation except after filing
an opposition thereto or notifying the accused thereof and the expiry of the
time limit prescribed for filing the opposition.
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The contested judgment was issued in absentia and the documents do not contain
any indication as to the appellant's notification thereof. Appeal in cassation.
Its effect. Inadmissible.
Whereas
it is prescribed as per the ruling of this court that the litigation procedures
and issuance of judgments are related the public order that may be raised by the
court
sua sponte, even if it was not
raised by any of the litigants. It is also prescribed that judgments issued in
absentia may not be subject to cassation except after filing an opposition
thereto or notifying the accused thereof and the expiry of the time limit
prescribed for filing the opposition. Whereas the appealed judgment was issued
in absentia against the appellant, and the case documents do not contain an
indication as to his notification thereof. In addition, the contested judgment
was also issued in absentia against him, and then the appealed and contested
judgments have not become final against him, and therefore, the present
cassation shall not be admissible.
Whereas,
in the facts - as apparent in the contested judgment and all documents - the
Public Prosecution referred the respondent and others to the criminal trial for
having on 9/12/ 2018 and on a later date in the Ajman Department: -
Helped
the first and second accused, being the sponsor thereof, to stay in the country
illegally after the expiry of their residency without renewing it or leaving the
country within the prescribed time limit or paying the fine, as indicated in the
investigations.
The
Public Prosecution requested his punishment according to the provisions of
Articles 1, 12/1, 21/1, 3, and 36 of Law No. 6 of 1973 concerning the Entry and
Residence of Foreigners.
In
the session dated 29/8/2019, the court of first instance ruled in absentia to
impose on the respondent a fie equal to one thousand and one hundred dirhams for
the charge against him. The Public Prosecution filed an appeal against that
judgment under No. 1050/2019. In the session dated 8/12/2019, the Ajman Federal
Court of Appeal ruled to modify the appealed judgment by fining the respondent
one hundred thousand dirhams for the charge against him. Thereafter, the
appellant filed the present appeal in cassation against it.
The
Public Prosecution submitted a memorandum of its opinion whereby it requested
the court to rule the inadmissibility of the cassation and the confiscation of
the insurance.
Whereas
it is prescribed as per the ruling of this court that the litigation procedures
and issuance of judgments are related the public order that may be raised by the
court sua sponte, even if it was not raised by any of the litigants.
It
is also prescribed that judgments issued in absentia may not be subject to
cassation except after filing an opposition thereto or notifying the accused
thereof and the expiry of the time limit prescribed for filing the opposition.
Whereas
the appealed judgment was issued in absentia against the appellant, and the case
documents do not contain an indication as to his notification thereof. In
addition, the contested judgment was also issued in absentia against him, and
then the appealed and contested judgments have not become final against him, and
therefore, the present cassation shall not be admissible.