The famous organist, Mohamed Abdel Salam, has finished formulating 10 objections in 10 cases of bad checks and rejections, while he remains with one objection in case n. 11, in which he could not object.
It is expected that after Muhammad Abdel Salam has finished extracting all the certificates proving opposition to all judgments in absentia issued against him, he will be presented to the Mit Ghamr Prosecutor’s Office in Dakahlia to inspect the opposition’s testimony and then release him for the issuance of judgments in Dakahlia.
The competent investigation authorities in Mansoura, after he was caught in an ambush, implemented the judicial sentences issued against him in Dakahlia Governorate.
Mohamed Abdel Salam is expected to challenge the default sentences handed down against him in more than one case, which ranged between waste and checks to be submitted to the investigating authorities.
Article 398 of the Code of Criminal Procedure provides that the opposition to sentences in absentia pronounced for crimes punished with a custodial sentence is accepted by the defendant or the civil rights officer within ten days following notification of the sentence in absentia other than the time of legal distance, and this declaration can be drawn up in summary on a form for which a decision is issued by the Minister of Justice, and in any case the communication to the administration is not taken into account.
However, if the announcement of the sentence did not take place in the person of the defendant, then the term for the opposition against him regarding the sanction imposed starts from the day on which he became aware of the notification, otherwise the opposition is admissible until the cause is dismissed within the time limit.
The proclamation of judgments in absentia and of judgments considered in presence pursuant to articles 238 to 241 can be made by the man of the public authority in the cases provided for by the second paragraph of article 234.
Article 400 of the same law also provides that the opposition is obtained by means of a report in the registry of the court that issued the sentence, in which the date of the hearing fixed for its examination is noted, and this is considered a notification to it even if the report came from a lawyer.
While Article 468 establishes that, when ruling in absentia to imprisonment for a period of one month or more, if the accused does not have a specific place of residence in Egypt, or if a custody order has been issued against him precautionary measure, may order, at the request of the Public Prosecutor, arrest and imprison him.
The defendant is imprisoned from the moment of arrest in execution of this order until a sentence is pronounced on the objection raised by him or the term fixed for the same expires. Under no circumstances can he remain in detention for a period exceeding the sentence. All this unless the court to which the objection was filed decides to release him before deciding on the matter.
Interestingly, the security services arrested the famous keyboard player, Mohamed Abdel Salam, while examining him in the umbrella ambush, to carry out judicial sentences issued against him.
