KCC 876/2016 issued on 20/02/2017

This case involved two individuals who had kidnapped, detained and sexually assaulted a victim. A key issue was whether the crime of kidnapping existed.

Background

The office of public prosecution accused two defendants of kidnapping a victim in order to sexually assault him. The office also accused the defendants of detaining the victim and releasing indecent videos of him. The office requested the court to penalize the defendants according to the relevant laws.

The court ruled that the two defendants should be imprisoned for two years. The court ruled that the defendants could pay a guarantee of 200 Dinars for the ruling to be suspended.

The office and the two defendants appealed the ruling before the court. The court dismissed the appeals of the office and the first defendant. The court amended the appealed ruling and ruled that the second defendant should be put in juvenile care home.

The defendants appealed the ruling before the court of cassation. They said in the grounds of appeal that the ruling had erred in the application of law. They said that the elements of the kidnapping crime had not existed in their case.

Decision