Praise be to God, as befits His Majesty and His Supreme Authority.
The Cairo office has achieved another legal milestone following the successful defense I had the honor of presenting before the Aswan Criminal Court. The session concluded with a verdict of acquittal in a case involving permanent disability. This success adds to the office’s record of acquittals, achieved thanks to God and the dedicated legal efforts of our team.
Furthermore, the Maghagha office, under the leadership of Attorney Osama Abu Bakr, continues its pursuit of justice. By the grace of God, it secured a ruling to overturn a life sentence in a murder and attempted murder case, following continuous legal work and a thorough review of the case file.
(Court of Cassation overturns life sentence and acquits defendant in murder case)
Affirming the rule of law and reinforcing the principle that justice is not based on conjecture
Every stage of legal proceedings has its dedicated judges and lawyers, who do not take the lead for personal gain, but rather bear the responsibility entrusted to them through prior legal effort and accumulated experience that has honed their awareness and deepened their understanding. Justice is their goal, and truth their guiding principle.
The legal profession—as stipulated in Article 198 of the Constitution and Article 1 of the Lawyers’ Law—is not a casual profession, but an essential partner of the judiciary, assisting it in uncovering the truth and delivering rights to their rightful owners, so that judgments are issued based on sound judgment and insightful discernment, not on conjecture or bias.
Court of Cassation – Criminal Divisions
Murder combined with attempted murder and possession of automatic weapons
Benha Criminal Court ruling: Life imprisonment
Court of Cassation ruling: Overturns the appealed judgment and rules Acquittal
Grounds for Appeal
Inadequate Reasoning
Flawed Reasoning
Error in Attribution
The grounds for appeal are that the appealed judgment based its conviction on police investigations, the forensic report, and what it termed “criminal evidence,” without supporting the investigations with any other evidence in the case file, thus contravening the law and established jurisprudence of the Court of Cassation.
Established Jurisprudence of the Court of Cassation
It is established that police investigations do not constitute evidence in themselves, but rather corroborating evidence presented in the case file. A conviction cannot be based solely on them, as they merely represent the opinion of the person conducting them, subject to the possibility of truth or falsehood, until their source is identified and established, enabling the court to exercise its oversight of the evidence and assess its legal value.
The Technical Report
While the technical report, derived from the forensic report, definitively established the occurrence of death, it is insufficient on its own to attribute the charge to the appellants, as it lacks a statement The causal link and conclusive evidence attributing the act to them were lacking, thus rendering reliance on it misplaced.
Court of Cassation Ruling
Since the appealed judgment contradicted this, it suffered from deficiencies in reasoning, flawed inferences, and errors in attribution, rendering it defective and necessitating its reversal and the acquittal of the appellants.