A message of insults on “WhatsApp” .. He loses an Arab in his eyesight

A person of the nationality of an Arab country paid the price of his insulting an other Asian person through “WhatsApp”, dearly, as his last punches in his right eye, and he lost his vision, and both of them were referred to the Court of the Penalty, which punished the first with a fine of 1000 dirhams, and punished the aggressor with six months imprisonment and deported from the state.

In turn, the victim in the crime of assault filed a civil lawsuit before the Dubai courts, calling for his compensation for the severe injury he suffered, and the psychological damage he had suffered, so the court ruled for him for 100 thousand dirhams in compensation.

In detail, a person of the nationality of an Arab state filed a civil lawsuit, in which he demanded that an Asian obligate him to lead him to 150,000 dirhams in compensation for the material and literary damages that afflicted him as a result of infringing the safety of his body, in addition to a legal benefit 12% of the date of the claim until the full payment.

He said in a statement that he was referred with the defendant to the Public Prosecution in Dubai because of a problem that occurred between them, and he was charged with insulting the use of information technology, while she was charged with the second party to commit the crime of attacking the safety of the body of others that lead to permanent disability.

He added that the defendant attacked him because of the message he sent to him, and his punch in his right eye, which led to the separation of the retina, and his loss of the ability to see it, which is a permanent disability of 35%, according to the forensic report.

He pointed out that the court of first degree punished the defendant with six months imprisonment and removed him from the state, so he challenged the ruling before the Court of Appeal, but she refused to appeal and supported the preliminary ruling, so he fell before the Court of Cassation, which brought down the curtain on the degrees of criminal litigation in support of the first degree ruling.

The prosecutor continued that after the ruling became final, and in light of his severe injuries in his right eye, separate parts of his head, and his loss of the ability to see, he resorted to the civil judiciary to obtain compensation for material, physical and literary damage that he was subjected to.

He presented a bond to his lawsuit, a portfolio of documents folded in a copy of the medical report, the criminal rulings from the courts of first instance, appeal and discrimination, and a certificate from the Public Prosecution stating the final of the ruling.

After hearing the lawsuit, and in the absence of the defendant, despite his announcement, the Civil Court booked the lawsuit for the ruling, and stated in its reasons that according to the law of proof, criminal procedures, and what the judiciary took place in the discrimination of Dubai, the commitment of the civil court issued the ruling issued in the criminal case is limited to what the criminal ruling was separated as a necessary chapter in the occurrence of the action component of the common basis between the civil and judicial case, and in the legal description and its attribution to its perpetrator, If the criminal court is final in these issues, the Civil Court must be obligated, and its re -research is declined, and this is not entitled to violate the authenticity that the previous criminal ruling acquired.

She explained that, according to the Dubai Distinguishing District, it is decided that literary damage is all that affects dignity, feeling or honor, including psychological pain, and the assessment of this damage and compensation resulting from the jurisdiction of the trial court, as long as the law does not require following certain criteria for appreciation.

She pointed out that the fixed court is the defendant’s mistake by assaulting the integrity of the victim’s body, that his puncade is in his eye and separate parts of his head, which led to a network separation in the right eye, which has currently led to his loss of vision, which represents a permanent disability, and physically harm to the plaintiff, according to what is shown in the forensic report.

He pointed out that there is another material damage to him, which represents what he incurred from his treatment expenses, his interruption from his work and his interests, as well as literary damage to him due to the pain, sorrow, feeling of oppression and reducing the matter due to the attack that he was subjected to, with which the court appreciates the compensation for these damages in the amount of 100 thousand dirhams, in addition to the legal benefit of 5% of the date of the ruling.