Cassation No. 507 of 2022
Issued on 02/08/2022 (Penal)
Panel: Presided over by Mr. Judge Ahmed Abdullah Al-Mulla, Chief Judge of the Circuit, with Messrs. Judges Muhammad Ahmed Abdel Qader and Al-Tayeb Abdel Ghafour Abdel Wahhab as members.
1- The ruling shall incorporate comprehensive details, satisfying the reader's inquiry into the court's scrutiny of presented evidence, as well as the considerations, requests, and pleas brought forth.
2- The court is obligated to address the meritorious defence; failure to do so renders its ruling fatally flawed and indicative of a breach of the right of defence.
3- The plea of inadmissibility of the case on grounds of previous adjudication can be raised at any stage, given its connection to public order, and the court, acting sua sponte, may adjudicate on it without a specific request.
4- The contested ruling shall be reversed due to an error in applying the law, as it neglected to respond to the plea of inadmissibility based on previous adjudication in a ruling of which he submitted a copy, failing to establish that it thoroughly examined the finality, parties, subject matter, and rationale of the prior lawsuit.
(1- 4) Ruling “Causation of the ruling: defects in causation: Deficiencies in reasoning and error in the application of the law.” Defence “Meritorious defence”. The “plea of inadmissibility of the case due to previous adjudication”. Public order. “Related pleas: Plea of inadmissibility of the case due to previous adjudication.”
(1) The ruling shall encompass comprehensive details, providing satisfaction to the perusing individual regarding the court's meticulous examination of evidence, as well as the considerations, requests, and pleas presented before it.
(2) Meritorious defence, in its essence, necessitates explicit attention from the court, mandating a response; failure to do so renders the ruling susceptible to deficiencies in reasoning.
(3) The plea of inadmissibility of the case due to previous adjudication may be raised at any stage, contingent upon the presence of the same opponents, crime, and the issuance of a final ruling. The court, acting sua sponte, is empowered to adjudicate on this plea, given its intrinsic connection to public order.
(4) An example of the error of the contested ruling in the application of the law is its failure to address the plea of inadmissibility based on previous adjudication in a ruling of which he submitted a copy without establishing that the court thoroughly examined the finality of the prior ruling, the parties involved, the subject matter, and the rationale behind that lawsuit.
1- It is prescribed, as per the ruling of this court, that the ruling shall comprehensively incorporate particulars reassuring the perusing individual that the court diligently examined the presented evidence, as well as the petitions and defenses brought before it. The court, in pursuit of discerning the truth in the case, is obligated to employ all available means.
2- It is also prescribed, as per the ruling of this court, that the court shall address and respond to the meritorious defence that might alter the formation of opinion on the accusation. Failure to do so renders the ruling fatally flawed and in violation of the right to defence, necessitating its reversal.
3- Moreover, it is prescribed that the plea of inadmissibility of the case due to previous adjudication may be raised at any stage, given its connection to public order. The court, acting sua sponte, can adjudicate this plea without a specific request, provided the essential elements for its adjudication are brought before the trial court. In criminal matters, this entails identical opponents and a matching crime for which the previous ruling was issued. Additionally, the prior ruling shall be conclusive and decisive concerning the subject matter, matching both the subject and the reason for the ongoing trial.
4- In light of the aforementioned principles and as evident from the documents, the appellant had upheld the plea of inadmissibility of the case due to previous adjudication in Case No. 36 of 2022 before the Sharjah Penal Court of Appeal. He appended a copy of the ruling issued in that case. Given that the contested ruling was obligated to establish its perusal of this ruling, and it being unchallenged, along with the requisite particulars regarding the persons, subject, cause, and finality of that lawsuit. The failure of the contested ruling to demonstrate awareness of the aforementioned ruling, and whether it accepted the plea or not, renders the Supreme Court unable to opine on the appellant's assertion of an error in the ruling's application of the law. Consequently, this mandates the reversal and remand without delving into the remaining grounds of the cassation.
The Court,
Whereas in the facts, as apparent pursuant to the perusal of the contested ruling and other documents, the Public Prosecution levelled accusations against the appellant, contending that on a date prior to 11/1/2021 in the district of [City]:
- he illicitly appropriated movable property owned by ..... This act, executed through the deceptive means of transforming the issuance of an incongruent check into the semblance of a valid transaction, was aimed at duping the complainant and compelling the surrender of the property, as depicted in the documents.
The prosecution invoked Article 451/1 of the Federal Crimes and Penalties Law, seeking punitive measures.
During a session on 26/1/2022, the court of first instance, in the presence of the appellant, rendered a verdict to convict and penalise him with a fine of five thousand dirhams for the imputed charge.
Dissatisfied with this judgment, the appellant pursued an appeal in Appeal No. 149/2022.
Subsequently, in a session held on 29/3/2022, the Court of Appeal accepted the appeal in form, dismissed it on the merits, thereby confirming the appealed ruling.
Displeased with this outcome, the appellant has lodged the present appeal in cassation, contesting the judgment.
The Public Prosecution, in response, has submitted a memorandum urging the dismissal of the cassation.
Whereas the appellant's objections to the contested ruling encompass claims of error in the application of the law, deficiencies in reasoning, violation of documented facts, and breach of the right of defence. He asserts that the judgment overlooked his meritorious defence seeking a stay in the criminal case until the ruling in Penal Case No. 26/2022 becomes final. Moreover, the contested ruling allegedly neglects the plea of inadmissibility of the case due to previous adjudication in the aforementioned case. These perceived lapses render the ruling flawed, necessitating its reversal.
Whereas the objection holds merits, since it is prescribed, as per the ruling of this court, that the ruling shall comprehensively incorporate particulars reassuring the perusing individual that the court diligently examined the presented evidence, as well as the petitions and defenses brought before it. The court, in pursuit of discerning the truth in the case, is obligated to employ all available means.
It is also prescribed, as per the ruling of this court, that the court shall address and respond to the meritorious defence that might alter the formation of opinion on the accusation. Failure to do so renders the ruling fatally flawed and in violation of the right to defence, necessitating its reversal.
Moreover, it is prescribed that the plea of inadmissibility of the case due to previous adjudication may be raised at any stage, given its connection to public order. The court, acting sua sponte, can adjudicate this plea without a specific request, provided the essential elements for its adjudication are brought before the trial court. In criminal matters, this entails identical opponents and a matching crime for which the previous ruling was issued. Additionally, the prior ruling shall be conclusive and decisive concerning the subject matter, matching both the subject and the reason for the ongoing trial.
In light of the aforementioned principles and as evident from the documents, the appellant had upheld the plea of inadmissibility of the case due to previous adjudication in Case No. 36 of 2022 before the Sharjah Penal Court of Appeal. He appended a copy of the ruling issued in that case. Given that the contested ruling was obligated to establish its perusal of this ruling, and it being unchallenged, along with the requisite particulars regarding the persons, subject, cause, and finality of that lawsuit. The failure of the contested ruling to demonstrate awareness of the aforementioned ruling, and whether it accepted the plea or not, renders the Supreme Court unable to opine on the appellant's assertion of an error in the ruling's application of the law. Consequently, this mandates the reversal and remand without delving into the remaining grounds of the cassation.

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