Relative detained after alcohol claim

know the law Hassan Mohsen Elhais

q

A relative of mine had just moved house and was arrested for allegedly having alcohol in his possession without a permit. People who had lived there were consuming alcohol but he has not and the alcohol was not his. For how long can he be detained? Do we have the right to request his release before the investigation is completed and given that there is no evidence of wrongdoing?

a

Article 111/2 of Criminal Procedures Law 35 of 1992 and its amendments give the prosecution the right to temporarily release anyone accused of any misdemeanour on bail until the end of the criminal investigation. Bail could include holding passports, a sum of money or both. This is to guarantee that the accused returns when requested to, but prosecutors also have the right to not accept bail and keep the accused detained until the case is referred to the criminal courts. To answer the second part of your question, I will refer to Article 211 of the same law, which indicates that “if the incident was not proven or was not punishable by the law, the court shall acquit the accused and set him free if he was impris- oned for this incident alone”. You must take into account that such cases fall under the full discretionary power of the court to evaluate whether the accused possessed the alcohol or not. I would strongly advise you to request a copy of the case file after it is transferred to the criminal courts to understand what kind of evidence has been put forward against your relative and to see if the witnesses are confirming your relative’s innocence or saying something else. It is important to read any report relevant to the case. Please always bear in mind that the same facts can be perceived differently. What your relative says could be different to what the witnesses say. But ultimately, the reality of the situation will be determined by the court.

Our legal expert is Hassan Mohsen Elhais of Al Rowaad Advocates and Legal Consultants. If you have a question for our lawyer, email media@professionallawyer.me with the subject line Know The Law.

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