مرافعة بجنحة اختلاس عهدة ، الدفع بانعدام سند الدين لصورية الالتزام ، محمود البدوي المحامي بالنقض

#KnowledgeThatBenefits #CriminalPleadings #ExchangeOfLegalExpertise #DefenseOfTheAbsenceOfDeliveryInEmbezzlementCrimes_Article341OfThePenalCode #DefenseOfTheAbsenceOfTheDebtDocument_DueToTheShamOfTheObligation #CriminalIntentInEmbezzlement_KnowledgeAndWill #AbsenceOfTheMaterialElement_IntentToSeizeTheMoneyInCase #SpecificCriminalIntent_AvailabilityOfTheIntentToHarmTheOwnerOfTheMoney #MahmoudElBadawy_LawyerAtTheCourtOfCassation Pleading by Mr. Mahmoud El Badawy, Lawyer at the Court of Cassation and the Supreme Constitutional Court, in the misdemeanor of embezzling a sum of money (one million three hundred thousand Egyptian pounds), punishable under Article 341 of the Penal Code, in which we were assigned the task of defending before the Misdemeanor Court of Nasr City 1. The defense memorandum and pleading were drafted based on arguments related to On the criminal side, and based on the provisions of the Law of Evidence related to the plea of ​​lack of cause for the debt due to the fictitious nature of the obligation, according to Articles 136 and 137 of the Civil Code, and that the debt instrument in question is the proceeds of the crime of unlawful detention and coercion to sign the debt instrument against his will, and based on the following defenses: Section One: Procedural and Formal Defenses: The defense of error in attribution due to the referral decision not being based on conclusive and sufficient evidence to support it against the accused, and due to the violation of the correct text of Article 96 of the Constitution, Articles 214 and 63 of the Code of Criminal Procedure, and Article 148 of the Judicial Instructions for Public Prosecutors, and the invalidity of all subsequent procedures. Section Two: Legal and Substantive Defenses First: The defense that the facts of the case fall outside the scope of application of Article 341 of the Penal Code due to the absence of the condition of actual and genuine delivery of the money proven by the debt instruments in question, as they are the proceeds of a crime. Praise be to God who has used and enabled us to uphold truth with truth, and to repel falsehood with truth. #Mahmoud_AlBadawi_Lawyer_at_the_Court_of_Cassation #Knowledge_that_benefits