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Trial Procedures for Officer Accused of Running Over Family in Cairo and the Role of Military Court

After referring the case of an officer committing a crime of running over a woman and her family in a residential compound in Cairo to the Military Court, what are the trial procedures that will be taken in this context?

The Egyptian military spokesman had announced the detention of an armed forces officer who ran over a family with his car in a residential community east of Cairo, causing the death of a pharmacist and injuring her husband and children, and also charging the officer with premeditated and attempted murder, in preparation for his trial before the competent military court. The incident sparked great controversy on social media, and according to the details circulated, which were not denied by any party, the pharmacist’s child, Basma Ali, during his fun in front of the family’s house in a residential community, caused minor damage to the car of a doctor officer in the armed forces residing in a house opposite the family’s house. The pharmacist’s body was buried on Monday, and her family is currently in a hospital in the city of Tanta, north of Cairo, for treatment, where the husband’s hometown is.

Legal family rights

For his part, the lawyer at the Egyptian Court of Cassation, Shaaban Saeed, said in statements to “Sky News Arabia” that the pharmacist’s husband has the right to appoint a lawyer to attend the trial sessions, but without making requests or claims, and he is only entitled to submit documents, and this also happens in the event of a criminal trial. Ordinary courts that are held in emergency state security courts, where the lawyer of the aggrieved party presents documents and attends sessions only without submitting requests or claiming civil rights.

And he added that in the event that the accused is convicted by a final judgment before the military court, the aggrieved party will file a civil lawsuit against the convict to compensate for the material and moral damages that resulted from the crime, and he is also entitled to file a civil lawsuit for compensation from now, but he will bear the burden of proving the damage, but in the event that he waits for conviction. This burden does not fall on him.

For his part, lawyer Ayman Mahfouz said, in statements to “Sky News Arabia” that in the case of crimes committed by soldiers against civilians, the military courts try the accused and charges are brought in the military courts, and the same procedures followed in the ordinary courts are the ones that govern the military judiciary, except that The right holder may not make requests or claims before the military courts.

He pointed out that in most stages of the trial, the victim of the crime may attend the trial or appoint a lawyer on his behalf to attend and present the documents, but the military judgments are enforceable and may not be appealed except by a grievance that can amend the penalties or order a retrial, but if the verdict is ratified, then it is A final ruling that cannot be appealed.

He concluded that the military judiciary is known for its faster trials than the trials of the ordinary judiciary, as the regular courts are full of cases.

Statement from the army

A statement by the military spokesman said: “Within the framework of the armed forces’ keenness to clarify the facts for public opinion regarding the incident of a residential community in New Cairo, without prejudice to the progress of the ongoing investigations by the competent judicial authorities.”

He added, in a statement, that “the Military Prosecution is conducting investigations,” and assigned the accused the crimes of premeditated and attempted murder.

He explained that the armed forces affirm their full respect for the principle of the rule of law, and extend their sincere condolences and sympathy to the family of the deceased, and wish a speedy recovery for the injured.

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2023-07-04 16:20:01

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