And now his hopes of getting out of prison in this case are related to his defense in his last stage of litigation before the Court of Cassation tomorrow, Thursday, January 19, and he considered the first sessions of cassation of the ruling, before the “Thursday B” circuit of the Court of Cassation.
“The Seventh Day” monitors 3 scenarios awaiting Hassan Ratib according to Article 39 of Law 11 of 2017, as follows::
1- Inadmissibility of the appeal: The Court of Cassation rules inadmissibility of the appeal if it or its reasons were submitted after the deadline “60 days from the issuance of the judgment of the first degree.”.
2- Correction of the judgment: If the appeal is accepted and is based on a violation of the law or an error in its application or interpretation, the Court of Cassation will correct the error and rule in accordance with the law.
The aforementioned article means that “if the ruling was issued in violation of a legal article, such as a court ruling a penalty that does not comply with the articles of the Penal Code to which the case is referred.”
3- Acceptance of the appeal and consideration of the subject: The Court of Cassation considers the subject of the appeal of the accused, Hasan Ratib, in the event that the appeal is based on an invalidity of the ruling or an invalidity of the procedures that affected it..
The aforementioned article means that the cassation considers the “subject of the case” in the case of invalidity of the judgment or procedures, and then rules the case, unlike Case No. 2, in which it corrects the judgment only without examining the subject matter of the case.
It is noteworthy that Article 46 of Law No. 11 of 2017 regarding the amendment of some cases of the Law of Cases and Procedures of Appeal in Cassation obligated the Public Prosecution, if the judgment was in presence, to present the case to the Court of Cassation, along with its opinion on the judgment.
On April 21, the Cairo Criminal Court, convening in Abbasiya, issued a ruling to punish businessman Hassan Ratib with 5 years in prison, and also punished former parliamentarian Alaa Hassanein with 10 years in prison and a fine of one million pounds each, on the grounds that they were accused of trading in and excavating antiquities. and financing excavations, in the case known in the media as the “major antiquities”.
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