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A bank customer who participates in an electronic fraud crime without his knowledge

A person of Arab nationality participated in an electronic fraud crime without his knowledge. The crime consists of selling fake tickets for the recent World Cup matches in the State of Qatar. The accused colluded with the fraudster to receive money obtained from the crime – which he denied knowing about – through his bank account in exchange for a certain percentage, although he obtained it in circumstances that lead to the belief that it is illegal. its source.

The Public Prosecution referred him to the Misdemeanor Court, which found him guilty and punished him with a fine.

According to the details of the incident, an Arab person was lured through the “Instagram” application by an unknown person, who deluded him with the availability of tickets for the World Cup matches.

Because of the victim’s desire to attend the matches, he contacted the person in charge of the account in charge of selling tickets, and agreed with him to purchase a ticket for 9,280 dirhams, and deposited it through the electronic application of his bank in the accused’s account.

By asking the victim, he stated that he had discovered – when he checked the ticket he had bought through this account – that it was incorrect, and realized that he had fallen victim to an electronic fraud, so he informed the police, who tracked down the account in which the money was deposited.

It turned out that the accused received the cash amount without asking about its source, or the reason for transferring it to his account, and he disposed of it without taking the normal procedures from the person to whom the money was transferred.

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And by questioning him in the arrest report, he denied his relationship with the crime of fraud, admitting that he had met a person called (A.A.) who asked him to receive money in his account, the value of buying tickets for the World Cup matches, and he re-withdrew the money and transferred it again to that person’s account for five dirhams for every 100 Dirham, and he denied the charge again when questioned during the trial.

In the reasons for its ruling, the court clarified that – according to the Penal Code – it is not necessary for the elements of the crime to be available for the perpetrator to have actual knowledge that the objects were obtained from a crime. Objective matters that are subject to the authority of the trial judge when he bases his judgment on plausible reasons derived from the circumstances surrounding the incident, and it is also decided that every evidence is not required to be explicitly indicative of the incident, but rather it is sufficient to prove it through conclusion.

And she stated that the trial court has the right to derive its conviction of proving the crime from any evidence it is satisfied with, as long as it has its correct take on the papers, and then it has the right to accept the confession of the accused as long as it is assured of its validity and conformity to the truth and reality.

And she confirmed that the definite evidence was established on the validity and proof of the incident against the accused through what was proven from the seizure incident, and the bank inquiry stating that the account to which the money was transferred belonged to the accused, and the court was also reassured by the accusation evidence that he possessed the money subject of the case, without bothering to search for The source of the funds, and then the charge is established against him with certainty, and thus turns away from his denial later, and then the court ruled his conviction and fined him an amount of 14 thousand and 280 dirhams.

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• It is not necessary for the perpetrator to have the elements of the crime knowing that the items were obtained from a crime. Rather, it is sufficient to prove that he obtained them in circumstances that lead to the belief that their source is illegal.