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Two paths remain.. What awaits the Uber driver accused in the case of Habiba Al-Shamaa?

09:31 AM Tuesday, April 16, 2024

Books – Mahmoud Saeed:

Today, Monday, the Shorouk Criminal Court, held in the New Cairo Courts Complex, concluded the first chapter in the trial of the Uber driver accused in the death of the Shorouk girl, Habiba Al-Shamaa.

The Cairo Criminal Court punished “Mahmoud H.” The Uber driver accused in the case of Habiba Al-Shamaa, “Shorouk Girl,” was sentenced to 15 years in prison, a 50,000-pound fine, and the withdrawal of his driver’s license.

After the first instance ruling, the accused has two paths remaining until a final ruling is issued against him, paving the way for the civil claim for compensation against him.

The first path is that the accused has the right to appeal the ruling by way of appeal (felony appeal), in implementation of the amendments to the Criminal Procedure Code that came into effect on January 18, 2014, by applying litigation before the criminal court at two levels, so that the accused has the right to appeal the ruling issued by the first-degree criminal court. This provides more guarantees for litigants.

The second path relates to appealing the ruling through cassation (the highest court in the country), which then issues its ruling to uphold the criminal appeal ruling or reject it, consider the merits of the case, and issue its ruling.

The Public Prosecution charged the accused with 3 charges in Case No. 1016 of 2024, Shorouk Felony; He attempted to kidnap the victim, Habiba Al-Shamaa, by force against her will, as she was accompanied by a car with the intention of taking her to her destination with the aim of excluding her from the public. To do so, he closed the windows of the car and both of them, but he stopped the effect he wanted for a reason that had nothing to do with his will, namely the victim’s control. She was forced to jump out of the car to deprive herself of her freedom, as stated in the investigations.

He also possessed with the intention of consuming a narcotic substance, “hashish,” in cases other than those permitted by law, and drove a vehicle while under the influence of a drug, in addition to forging official documents.

The Public Prosecution had referred the accused to criminal charges in the case of Al-Shorouk girl Habiba Al-Shamaa, who died last March 15 after she jumped from an Uber driver’s car for fear of being kidnapped.