The National Supreme Court
The Middle States and Algadarif

In front of gentlemen:
Mr. Mustafa Abdelgadir Awad Alkareem
President
Mr. Tarig Aldawo Ayoub
Member
Mr. Alaraki Arayah Aleleesh
Member
No. M A/GM/ 92/2018
Emad Abdelgani Abdelgadir

Judgement
Sennar court under its notice of No. A S G/ 54/2018, unanimously ordered the abolition of the trial of
the accused, to be placed with the judge of the child's original specialist, as result of a request filed by
the first culprit's father. The Court of Appeal found that the verdict was issued by a court that is not
competent, and returned the papers for consideration by the competent judge. The lawyer Asad Daif
Allah filed a request for a criminal appeal against this decision, seeking to overturn the decision of the
Sennar State Court of Appeal for violating the law.
The appeal was filed in time constraint, under article 184 criminal proceedings, and it was formally
acceptable.
In the matter, we find that the applicant sees that the Sennar state court made a mistake because it
canceled the court proceedings, and the trial court considered that the trial of children cannot be
separated.
We see the decision of the appeal of the Sennar Court is right, because of following:
Firstly: The trial court is not competent even in the subject of the separation of the subject or other,
because it is not a child court
Secondly: The report of the Court of Appeal is not final, because it ordered the case be tried by the
competent court, and it did not decide on the conviction or any other.
Thirdly: The laws of the Children’s act are used by the court for the benefit of the child
Accordingly: We support the measure in question.
Signature of:
Trig Aldawo Ayoub
Seal of:
The president of Supreme Court
29/6/2015
Signature of:
Alaraki Arayah Aleleesh
Seal of:
The president of Supreme Court
1/7/2015

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