KCC 541/2016

This case involved the sentencing of defendants accused of illegal building. A criteria for the crime was whether the work would cause the demolition of the building. The court had assumed this would happen without having the necessary evidence.

Background

The office of public prosecution accused three defendants of illegal building. The office requested the court to penalize the defendants according to the relevant laws.

The court ruled that the first defendant should be imprisoned for three years. The court ruled that the second and third defendant should be imprisoned for three years but suspended the ruling on the condition that the defendants paid 1000 Dinars each. The court ruled that the first and third defendants should be deported from the country.

The office and the defendants appealed the ruling before the court of appeal. The court dismissed the appealed ruling and suspended the ruling on the condition that each defendant pay a guarantee of 200 Dinars and show good conduct for one year.