07:52 p
Wednesday, March 6, 2024
Books – Ramadan Younes:
Today, Wednesday, the Sheikh Zayed Misdemeanor Appellate Circuit at the Giza Court of First Instance issues its ruling in the opposition submitted by the artist Mohamed Ramadan to his one-year imprisonment in absentia for Misdemeanor No. 1062 of 2022 Sheikh Zayed, registered under No. 8340 of 2023 Sheikh Zayed Misdemeanor Appellate, on the charge of spreading false news against A famous bank.
“Masrawy” obtained the memorandum of defenses presented by Dr. Ahmed El-Gendy, the artist’s lawyer, Mohamed Ramadan, before the court.
The defenses included first: The material and moral element of the crime was absent, and it was stated that what is proven from the papers is that when the accused was informed by the bank employee that his funds had been seized, he made a video on his personal page explaining that the bank had seized his funds from his bank account with the International Commercial Bank, and Article 102, paragraph “1” bis, stipulates of the Penal Code stipulates that (anyone who intentionally broadcasts false news, data, or rumors if this would disturb public security, spread terror among people, or harm the public interest) shall be punished with imprisonment and a fine of not less than fifty pounds and not exceeding two hundred pounds.
The truth of this matter is that the accused did not broadcast false news, but rather he spoke about what he was informed of by the bank employee without inciting, whether by statement or insinuation, to boycott the bank or harm it, and that he did not object to this action that was taken against him or even the call that came to him, so it became clear that the accused His goal from the video he made is a benign and non-malicious goal that does not result in any negative effects, whether on the economic side or other aspects.
secondly; It is not accepted to consider a criminal case brought by someone without legal capacity, as the transactions between the bank and the accused do not rise to the level of disputes and the accused is still their client.
Thirdly; The invalidity of the ruling is the challenge to the reasoning, the failure to cause, the failure to respond to the defendant’s defense, and its violation of the text of Article 102 bis, the first paragraph of the Penal Code, as well as the text of Article 310 of the Code of Criminal Procedure. Whereas the contested court did not refer to any of the accused’s defence, but rather indicated that the evidence was insufficient to attribute an unreal accusation to the accused, and therefore the contested court’s ruling was marred by corruption in the reasoning for basing its appealed ruling on a perception contrary to what is established in reality and papers, as the court ruled on The accused is subject to the provisions of the law that do not apply to the incident.
As for the fourth defense, it addressed the incorrectness of attributing the accusation, the lack of evidence, and the lack of certain material evidence in the papers as to the validity of the accusation attributed to the accused and the validity of the damages alleged to have been caused by the whistleblower, and since the accused had made a video on his page to discuss with his followers what happened and what happened in text with the bank employee. Regarding matters related to his personal account and transactions, he did not spread false news or rumors that would disturb public peace, and his speech contained expressions of patriotism without degrading the Egyptian state, saying: (My meat is from the good of my country and my country belongs to all my money and money. What is the problem? And also for your information.) Falah and Saeedi, and just as we are accustomed to putting money in the bank, we also put their uniforms in the house), as he confirmed at the end of the broadcast that he had enough money and that his life was “hidden,” which is evidence that there was no criminal intent in the video.
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