KCC 957/2016

This case involved individuals accused of forgery and smuggling. It was argued on appeal the elements of the crime did not exist. However, the elements of the crime of forgery did exist.

Background

The office of public prosecution accused three defendants of forging documents and smuggling. The office requested the court to penalize the defendants according to the relevant laws.

The court ruled that the defendants should be imprisoned for three years. The court ruled that the defendants should be deported from the country after the ruling execution. The court said that it was llegal to consider the crime of smuggling.

The first defendant and the office appealed the ruling before the court of appeal. The court dismissed the appeals and upheld the appealed ruling.

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

Decision