Saturday 16/November/2024 – 11:30 AM
Lawyer Ashraf Abdel Aziz, defending Ahmed Fattouh, the Zamalek club player, pleaded before the Matrouh Criminal Court, during the trial session of the Zamalek club player, on charges of manslaughter, taking narcotic substances, driving under the influence of drugs, and exceeding the speed limit.
Ahmed Fattouh’s defense case
Abdel Aziz said in his plea for Fattouh: With regard to the charge of wrongly causing the death of the victim, the charge of not observing the use of roads with the utmost care and caution, exposing the lives of others to danger, and the charge of driving a motor vehicle at a speed exceeding the maximum speed, we seek the expiration of the criminal case through reconciliation in accordance with the text of Article 18 bis A of the Code of Procedure and Article 1/32 of the Penal Code.
Ahmed Fattouh’s defense added: In fulfilling the request to terminate the criminal case through conciliation regarding the charges of wrongly causing the death of the victim and not taking into account the use of roads with the utmost care and caution, exposing the lives of others to danger and driving a motor vehicle at a speed that exceeded the speed limit, since the text of Article 18 bis From the Code of Procedure, it stipulates that the victim, his special agent, his heirs, or their special agent may establish reconciliation with the accused, and the reconciliation results in the expiration of the criminal case, and since the text of Article 32 of the Penal Code stipulates that if one act constitutes multiple crimes, the crime for which it is punished must be considered The ruling is more severe and her punishment is more severe than any other.
Ashraf Abdel Aziz sought acquittal from the court as follows:
1- The criminal case ends through reconciliation in accordance with the provisions of Article 18 bis A of the Code of Procedure and Article 1/32 of the Penal Code.
2- It is invalid to subject the accused to the procedure of drawing a sample from him, due to the absence of a case of flagrante delicto mentioned in the text of Article 66 of Traffic Law No. 66 of 1973, as amended by Law No. 1 of 2021, and Article 30 of the Code of Criminal Procedure, and the invalidity of the evidence derived from it.
3- The inadequacy of the results reached by the hospital report and the report of the Central Administration of Chemical Laboratories in the Forensic Medicine Sector and their failure to reach the level of sufficiency to accuse the accused.
4- The papers do not contain any certain evidence that would confirm the possession or possession of the drug that is the subject of the indictment to the accused present.
5- The lack of seriousness in the investigations of the police, and their failure to reach the level of sufficiency to accuse the accused of possession and investigation with the intention of attacking the accused.
