Two Gulf citizens assumed the status of investigators and stole 2520 boxes of masks with violence and coercion, worth 182 thousand and 322 dirhams, under the pretext that they were illegal masks before their Asian owner discovered their truth and submitted a report to the Ras al-Khaimah police about the incident.
Where the criminal court ruled that the two defendants were imprisoned for seven months each on charges of theft, assault and impersonation of a public position, where the victim filed a civil lawsuit before a partial civil court to demand that the defendants pay him the value of the masks that they seized and stole from him, while obliging them to benefit from the law 12 % Of the amount subject to theft.
In detail, the plaintiff said in the lawsuit newspaper that he had received a phone call from an Asian person asking him to supply two thousand and 520 boxes of masks with a value of up to 182 thousand and 322 dirhams, and to bring them to a warehouse in the Emirate of Ras Al Khaimah, and pointed out that upon his arrival he was assaulted and seized by the plaintiff They claimed that they were under investigation and that selling masks in this way was against the law. He submitted a complaint to the police about the incident, and the defendants were arrested.
The investigations conducted by the Public Prosecution resulted in that the two defendants assumed the status of investigations in order to steal the masks owned by the plaintiff by coercion and the use of violence, and they assaulted the integrity of his body, as the defendants denied stealing the masks, and they stated in the investigations that the goods were in the police station, and that they had not seized them. .
According to the merits of a partial civil court ruling, the conviction and punishment of the two defendants in the first instance and his support in the appeal and with discrimination canceling the assault charge is an authenticity that the court shall abide by as long as the crime of theft is decided on the basic common component between the two lawsuits, as the principle is in the civil liability resulting from the act. The harmful is the guarantee of all harm to others, and it is assessed to guarantee the damage in proportion to the damage caused to the injured and the gains he missed, provided that the damage is a natural result of the harmful act.
She explained that it is proven in the papers that the defendants stole two thousand and 520 boxes of masks, worth 177 thousand and 282 dirhams, and that the theft of the quantity of masks has inflicted material damage on the plaintiff represented in losing the financial value of these masks and depriving him of selling them and obtaining their price, a harm that arose directly. As a result of a criminal act, there was a causal relationship between the harmful act committed by the two defendants and the material damage inflicted on the plaintiff.
She added, that the court considers that the plaintiff’s request to compensate him for the material damage he suffered, and the court estimates the value of 177 thousand and 282 dirhams, the value of the masks box that was stolen according to what is fixed from the invoice submitted by the plaintiff, which proves the value of those masks, as the court limits the value as long as The plaintiff has not proven the existence of a contract or written agreement that the agreement was made to sell it on the day of its theft, at a value of 182,322 dirhams.
She indicated that it requires the two defendants to pay the plaintiff in solidarity between them 177 thousand and 282 dirhams, compensation for the material damage that he has suffered, while obliging them to pay 9% annually according to what is included in the jurisprudence of the judiciary, provided that it is from the date of the judgment becoming due until the completion of payment, with their obligation Expenses and attorney fees.
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