An employee of a company embezzled an amount of 800 thousand dirhams, and agreed with another person to convert it into a digital currency and deposit it in the latter’s account, but the employee was arrested while trying to escape through the airport, and the police were able to recover the amount.
The Penal Court of First Instance ruled that the defendants be imprisoned for a year and fined them jointly an amount of 800,000 dirhams. The Court of Appeal reduced the sentence to a month’s imprisonment and a fine, and referred the case to the competent civil court, which examined the case and ruled that the plaintiff company was entitled to the amount that was seized. He is detained by the competent judicial authorities.
In detail, one of the companies filed a lawsuit, demanding the recovery of an amount of 800 thousand dirhams embezzled by one of its employees, after a final and final criminal ruling was issued convicting him and another defendant in the case, and obligating the defendants to pay fees and expenses.
It based its claim on the fact that the first defendant was given an amount of 800,000 dirhams to be deposited in the company’s account, but he embezzled the amount for himself, and agreed with the second defendant to convert it into a digital currency and deposit it in the latter’s account, so she took the initiative to inform the police, who immediately took action and arrested them. The first accused was arrested at the airport, while trying to escape, and in his possession were some sums of money estimated at approximately 11 thousand dirhams.
The police were able to track the path of the money, and seized an amount of 789 thousand dirhams at the headquarters of a company specializing in digital currency trading, bringing the total embezzled amount into the possession of the security services. A criminal report was registered against the accused, and a third person who cooperated with them, and the Public Prosecution referred them to the misdemeanor court on charges of embezzlement. Or betrayal of trust by the first, the second, and the third, participation in committing the crime of embezzlement.
After examining the case by the Criminal Court of First Instance, it found the first and second defendants guilty, ruled to imprison each of them for one year, and fined them together an amount of 800,000 dirhams, the value of the embezzled funds, while it ruled to acquit the third defendant, and to refer the case to the competent civil court.
In turn, the two defendants appealed the ruling before the Court of Appeal, which heard the case, and ruled to reduce the prison sentence to one month, while upholding the fine penalty owed to them, which became a final ruling that had the force of an order that allows the victim company to file a civil lawsuit.
The company explained in a legal memorandum that since it is established in the penal rulings that have the authority of a res judicata that the amount seized and seized in the case belongs to it, it deserves to recover it, since it is seized in connection with the case.
For his part, a legal representative of the first defendant appeared before the civil court, and requested in his defense memorandum to prove his acknowledgment that the plaintiff was entitled to the seized amounts, which were seized by the Public Prosecution, amounting to 800 thousand dirhams, while the second defendant was not represented.
After examining the case, the court stated in the merits of its ruling that according to the Code of Criminal Procedure, the civil court is competent to issue a restitution order in the event that it is not issued by the Public Prosecution or the Criminal Court, explaining that according to the law, acknowledgment is informing a person of a right owed to another, and acknowledgment is judicial. If the opponent confesses directly before the court to a legal fact against which he is accused.
She indicated that what is proven is that the first defendant received from the plaintiff an amount of 800 thousand dirhams, of which he handed over to the second defendant an amount of 789 thousand dirhams, and kept the amount of 11 thousand dirhams for himself, and he was caught while trying to escape from the state, and the second was caught in his possession of the amount, and they confessed to the incident. Before the investigating authorities.
The first also admitted before the civil court that the seized amount was the same that he embezzled from the company, from which the court concluded that the company had the right to recover it.
• The “Criminal” court ruled to convict the first and second defendants… and the “Civil Court” ruled the company for the amount.
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