FILE: Cassation Court FILE: Cassation Court

Court: Police inspection of homes do not require prior investigations

Wed, Feb. 20, 2019
CAIRO – 20 February 2019: Cassation Court upheld a legal principal allowing police inspection of suspects homes without prior investigations in crimes related to incitement against the state.

This came in response to a challenge by a citizen against her prison ruling. She said in her reasoning that the ruling erred in law application, where her house was inspected without obtaining permission from the Public Prosecution and without an investigation by the court in prior.

The citizen cited other reasons, upon which she requested the court to repeal the ruling against her. She also added that she did not approve that the forces inspect her house.

The charges drawn against the citizen date back to 2015, where she was accused with using Facebook to spread thoughts of hatred and disdain to the regime and disrupting public peace.

She was also accused of possessing tools, which are her lap top and several applications that enabled her to disseminate these thoughts. The prosecution referred her to Mansoura Criminal Court, which sentenced her to a suspended one year in prison and ruled to confiscate the physical exhibits that were found in her possession.

The Cassation Court refused the citizen’s challenge, saying that “the inspection, carried out by police forces in a house without prosecution permission, but after the approval of the house owner, is legally valid, and that all subsequent procedures based on it are also valid.

The court also said that the accused citizen has not mentioned during the investigations or the trial that the inspection was against her approval, which accordingly, refutes her claim and upholds the court's ruling against her.
 
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