Third Opinion:
After revision, I didn’t find significant difference between the opinion concluded by my
respected colleague, the first opinion holder and my respected colleague, the holder of the
second opinion. Despite that and after access to the facts and submitted data, I found myself
biased to my colleague, the holder of the second opinion in detail which I saw - with
respecting the opinion concluded by my colleague the first opinion holder - to support the
conviction of the convicted which is under articles 78 and 21/175 of the criminal law, fixed
without doubt. The actions they committed against the victim as properly and legally detailed
lead to their conviction under article 21/151 of Criminal Law.
Abdel Raheem Abdel Wahab Al-Tohamy
Superior Court Judge
04/02/2015
Final Decision:
-
The conviction and punishment are supported under article 78 of Criminal Law.
The conviction is supported under article 21/175 of Criminal Law and the punishment
is cancelled.
The conviction of the convicted shall be modified to article 21/151 of Criminal Law
and the punishment is cancelled.
The documents shall be returned to a court for applying the punishment suitable for
the conviction under the articles 21/175 and 21/151 according to the guides of this
ruling.
Abdel Raheem Abdel Wahab Al-Tohamy
Superior Court Judge and the Circuit Head
03/02/2015 AD