Translation of Court ruling

In the Name of Allah The Rahman, The Merciful

In The Name of The People

The open hearing held at ________Misdemeanor District Court premises on Saturday corresponding to _________

Under the presidency of

___________________                      Court President

And in the presence of

_________________                            Prosecuting Attorney

_______________________                  Secretary

The following judgment was given

In the lawsuit # _____of _____ __________ misdemeanor

Brought by _____________________ – civil right claimant

AGAINST

_______________________

THE COURT

After listening to the pleading and reviewing the documents

Whereas, the facts of the action from reviewing all the papers can be summarized as follows: the claimant brought the action by virtue of a claim signed by Attorney at law and  filed with the Court Clerk and by duly serving upon the defendant and the prosecutor of ___________ in his capacity as the competent authority designated to conduct and initiate criminal cases; the claimant requested at the end of his claim to punish the defendant pursuant to Article 341 of the Egyptian Penal Code, and requested to oblige him to pay the amount of LE51 as a temporary civil compensation, the judicial expense and attorneys' fees.

On the ground that the defendant embezzled and wasted the sum of money he received as a trust, as per a certificate of deposition in trust (trust receipt) to be delivered to _____________, but he failed to hand over that trust to its owner. Causing harm to the claimant.

Whereas, the claimant frequently asked the said defendant to pay back the money he embezzled for himself, but he refused to do so, which caused the claimant to file this action in order to obtain a court ruling of his request.

Whereas, upon reviewing the transcripts of the hearings in this action, claimant appeared by counsel and submitted Summary statement containing the trust receipt the cause of the action and the defendant did not appear in person or by counsel, although he was lawfully notified, hence, a ruling may be given by default in implementation of the provision of Article 238/1 of Criminal Procedures.

As per to the well-established case-law of the Court of Cassation that the crime of breach of trust is based on movable property with material and nominal value to its owner, determined by every act indicate that the person who is entrusted with the money consider that money his own and acting accordingly. Appeal 1216 of 36 Judicial – hearing session 31/10/1966; it is not required to show the criminal intent in the crime of breach of trust by being expressly stated in the rulingو but it's enough to establish that the defendant committed the criminal act deliberately for the reason of depriving the victim of the thing he handed over in order to cause him harm – Appeal 1275 of 36 J, hearing session 20/12/1966 

According to the facts well-established by the conscience of the court that the defendant had received the said sum of money subject of the trust receipt the cause of the action, and which is deemed a trust deed contract as stipulated in the provision of Article 341 of the Penal Code.

Whereas, the defendant embezzled the entire amount of money with the intention of keeping it as he refused to deliver it and give it back to his owner when he was asked to do so and he showed procrastination to appear before this court in order to defend himself regarding the charges brought against him,

Accordingly, he should be punished in accordance with the provision of Article 341 of the Penal code as stated in the operative part of the judgment.    

                

As for the criminal court expenses; the court orders the defendant to assume such expenses pursuant to Article 313 Code of Procedures,

 Whereas the elements of the civil action were established of a fault from embezzling the sum of money he received as a trust in addition to causing harm to the claimant by not getting his money back.

Whereas, the said harm was an inevitable result and correlation from the fault of the defendant. Therefore, the causal link is established, and the court must grant the claimant's request pursuant to Article 163 of the Civil Code and rule in his favor a temporary civil compensation.

Whereas the expenses include the attorney's fees, the court makes it obligatory that the expenses be incurred by the defendant in implementation of Article 184/1 civil procedures and 187/1 lawyers' law 17/83 amended and Article 320/1 criminal procedures… 

Now, therefore

 The court gives its sentence in absentia sentencing the defendant to one year in prison with labor, a legal surety of one-hundred Egyptian pounds to the temporary suspend of execution; an amount of LE51 as a temporary civil compensation; in addition to 50 pounds as the attorney fees and expenses.

Clerk of the Court..............                                                      

Court President……..

Translation by Heba Musa