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First sentence of imprisonment and a fine to practice the profession of law without registration in the union

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The seventh day has obtained the full text of the final verdict of a court of misdemeanors appealed for a month's imprisonment with a suspended sentence and a fine of 2000 pounds with effect, in order to practice the profession without entering the Bar Association, which is punishable by article 227 of the law.

The reasons for the ruling in the case were 35851 issued under the chairmanship of Counselor Mohammed Al-Kharashi, and the membership of the advisors Mohammed Omran and Mustapha Hamza, where the facts of the case as stated in the judgment of the Court of First Instance and referred to the court, but it is the extent necessary to carry the causes of this judiciary, On 15-11-2016 he practiced law and was not among the lawyers enrolled in the working lawyers' lists. He called for his punishment under article 2/227 of the Law No. 17 of 1983, as amended by Law No. 197 of 2008.

According to the facts, the proceedings took place in front of a court or a court. The court sentenced the defendant to one month in prison, with 300 pounds and fined 2,000 pounds and criminal charges. However, this court did not accept the accused. He appealed to him to appeal according to a report. The judiciary did not accept the respondent's civil right, and appealed to him also to appeal, and set for his consideration of the same hearing for the resumption of the accused, and where the appeals of hearings.

The defendant also attended the civil rights. The plaintiff was present in the civil rights and was determined on the applications and present with the accused. He paid for the lack of communication of the court for the claim that it was free of the summons and the description of the case. The court decided to suspend the case and send it to the Public Prosecution for the dyeing of the corresponding registration and description On the case, which the defendant had already been tried before a court of first instance.

The Public Prosecution has accelerated the case against the suspension and set the hearing for the hearing of February 27, 2018. At that hearing, the defendant was represented as a defendant and a lawyer was present. He also argued that the case should not be accepted because the law and the violation of articles 586-590, 592, 594 and 598 of the Public Prosecution's instructions were not followed. The right of the accused and, as such The accused gets a judgment by holding a general table, free of papers from the legal profession provided for in article 83 of the law, and the unconstitutional provision of article 227 of the law of lawyers.

In the judgment, the court stated that the defendant was like a person and therefore the sentence was not in his presence in accordance with article 227/1 of the Code of Criminal Procedure. As for the form of the appeal of the defendant for the criminal case, the court found that the appeal was filed on the legal date and Therefore, it is no longer acceptable in form pursuant to articles 402, 406/1 and 408 of the Code of Criminal Procedure, which the Court will rule as to be effective.

As for the facts of the case, the court said in the ruling that it obtained the information reported by Rami Ahmed Hassan, the representative of the Bar Association, in a summary of evidence from several complaints received by the Bar Association from the lawyers stating that Yahya Abdul Ra'af Al-Talt was a lawyer and attendees. The General Union of Lawyers for Egypt found that it is not listed in any sub-syndicate at the level of the Republic and does not belong to the legal profession currently or previously and the attached photo p Adh suit matrimonial expense signed by the accused.

The defendant asked the defendant, citing the prosecutor's office, that he had acquired the status of the lawyer under the judicial ruling issued by the Court of Appeal of Cairo, but that the union refused to implement the ruling and also decided that he has been practicing the law since the verdict was issued and presented a photocopy of the judgment in case No. 10294 of 129 BC His action is binding on the contestants against him by registering Yahya's suit in the general table of lawyers with the same fees that were set for that date.

As for the defense of the accused, according to the court, the defense of the court's lack of contact with the case, it is the case of the appellant's contact with the criminal case. It is the appeal report, not the letter of summons, the date of the appeal and the person in charge. The Court of Appeal, and because of the payment of the inadmissibility of the case for not follow the path prescribed by the law, when the court after the knowledge of these materials found to be materials contained in the general instructions of the prosecution of the first book of the judicial instructions in section XII thereof – Lawyers – which regulate the investigation procedures .

For these reasons, the court ruled in respect of the appeal of the criminal case, in which it accepted the appeal in form and in the matter by rejecting and supporting the appealed sentence and ordered the suspension of the sentence of imprisonment of 3 years from its date..

It is noteworthy that this ruling is the first judicial ruling after the decision to write off 300 thousand lawyers from the membership of the union during the review of the membership of lawyers for non-Almazalwin of the profession during the last year, which confirmed the General Bar Association that it will bring positive results to lawyers, to obtain all the rights provided by them General Syndicate and Syndicates.

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. (tagsToTranslate) Write off 300 thousand lawyers (t) First sentence of imprisonment and fine (t) Practice profession Lawyer (t) Punishment Practice law

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