Gulf condemnation and wife to smuggle them infiltrated

The Federal High Court condemned the Gulf and his wife on charges of smuggling infiltrators to and from the state, by hiding them in his car while entering and leaving it through the land border crossing between the Emirates and Oman, after the convict took advantage of his wife and children to camouflage the security personnel in the border port.

The facts of the case began when the competent police officer received information from a secret source confirming that a person from a Gulf country enters infiltrators to the state for sums of money that he obtained from them, and after that an ambush was prepared to seize him, so the source claimed to the accused that he was infiltrated wanting to leave the state and smuggle him abroad for 6000 dirhams, and during The monitoring attended the accused with his car carrying paintings issued by a neighboring Gulf state, and the secret source boarded the car according to the agreement, and the accused was arrested and asked about the reason for riding the secret source with him, he admitted that he was smuggling outside the country.

The accused added that he enters infiltrators to the state in exchange for money, as he meets them in the Khasab area in the Sultanate of Oman through another person who sends them to him, and the accused enters them with the help of his family to camouflage, by hiding them in the back seats of the car.

In front of the Public Prosecution, the defendant admitted that the infiltrators entered the state for six months before the seizure in exchange for sums of money ranging between 500 and 1000 dirhams per person, by hiding them in the back seats of the car and accompanying his wife and children to him during that to camouflage on the border ports, and he acknowledged that his wife was. It helps him to receive her half of the amount he receives from infiltrators, and the wife also admitted the content of what her husband admitted.

The prosecution in Sharjah assigned the accused the charge of introducing unknown foreigners into the country in violation of the provisions of the law, and his wife assigned the charge of assistance in committing the charge of introducing unknown foreigners into the country, and requested that they be punished in accordance with the articles, 1 1-, 2 1-, 3, 32 36 of Federal Law No. 6 For a year, 1973 regarding the entry and residence of foreigners and its amendments.

In the case session hearing before the Federal Supreme Court, the defendant refused to talk, while his wife denied the charge against her, and their lawyer presented a defense note in which he invalidated the procedures for their arrest because of the lack of permission from the Public Prosecution and the absence of the case Being the newborn.

The lawyer affirmed that “the secret source on which the police relied on interfered with the creation of the crime and inciting it with evidence that he agreed with the accused on the amount of 6000 dirhams, while what the accused decided in the prosecution’s investigations that he is receiving only 1000 dirhams, in addition to that the accused was not seized on The border while smuggling the secret source.

The court rejected the defenses reported by the lawyer, the first of which was to pay the nullity of the arrest of the first suspect for obtaining it without permission from the Public Prosecution, the absence of the case of flagrante delicto, and the secret source interfered with the creation and incitement Which there are sufficient evidence to commit a crime.

She added: «And since the accused’s confession and his wife before the prosecution came, it was clear, valid, unambiguous, and not ambiguous, and the defendants were issued by their own will and not hated them, so the court may take it according to what was stated in the investigations of the Public Prosecution and the minutes of the seizure, so it requires the conviction of the accused and their punishment, in accordance with the articles of the law No. 6 of the year 1973 and its amendments, with a reduction in the penalty, pursuant to Article 98c, of the Federal Penal Code.

It is noteworthy that Article 31 of Federal Law No. 6 of 1973, whose provisions were amended by Federal Decree No. 7 of 2007 stipulating that every foreigner entered the state illegally shall be punished with imprisonment for a period of no less than a month and a fine of no less than 10 thousand dirhams or one of these two The two penalties, and the court must order his removal from the state.

As for Article 33, it stipulates that everyone who gave a false statement with the intention of evading the provisions of this law shall be punished with imprisonment for a period not exceeding six months and a fine of no less than 5,000 dirhams and not exceeding 10 thousand dirhams or one of these two penalties, and the court may order the deportation of the foreigner from the state.