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Court of Cassation to adjudicate Moka Hegazy’s appeal against two-year prison sentence on February 11

Publish Date : Tuesday, 29 March, 2022
Last Update : Monday, 30 January, 2023
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28 January 2023

The Court of Cassation (Fifth Circuit) set next February 11 hearing to examine appeal No. 14376 of 13 Judicial year, filed by AFTE against the verdict issued by the Juvenile Misdemeanour Court of Appeal against Moka Hegazy to two years in prison and to be under judicial probation for one year. a lawyer from AFTE and EIPR attended the hearing with Moka.

On July 8, 2021, a security force arrested Hegazy while she was in the 6th of October City. The Prosecution charged her with practicing prostitution with men without discrimination in return for money and offering herself in a public manner that contained temptation to practice debauchery pending case No. 5459 of 2020; therefore, Hegazy was referred to trial before the Juvenile Misdemeanour Court, which sentenced her to one year in prison against the first charge and two years in prison against the second one. Later, the Juvenile Misdemeanour Court of Appeal reduced the sentence to placing Hegazy under judicial probation for a year instead of a custodial sentence for the first charge and upheld the two years prison sentence for the second charge. 

 

The memorandum of appeal was based on the following grounds: 

Erroneous in applying the law: the defendant Moaz Mahmoud admitted he was using Hegazy to exploit her in pornographic content, commercialize and exploit her sexually through publishing obscene clips to achieve a financial return, and creating and managing an account on social media to publish these clips. The Prosecution later referred him to a criminal trial, Which decided that there is no basis for a criminal case, which is a decision the primary investigation authorities issues when the incident is not punishable by law, or there’s not enough evidence.

When the decision that there is no basis for a criminal case is issued, it is not permissible to re-investigate the case or to refer it to a court, and since the Prosecution referred Hegazinvalidating Court against the first charge and the second charge of offering herself in a public manner that contained temptation to practice debauchery, the very same charge the Prosecution previously decided it’s no basis for a criminal case. Therefore it is not permissible to hold her accountable or punish her for it.

The invalidity of the appealed verdict due to lack of causation and inference: as stated in Hegazy’s arrest report, she was arrested from a coffee shop while she was preparing to leave the place, which violates Article 30 of the Code of Criminal Procedure as she wasn’t caught red-handed and without a warrant from the Public Prosecution which invalidates her arrest procedures.

And failure to sufficiently state the crime elements and or the evidence that supports her conviction, as the evidence was based on her arrest report. The statements of the people who arrested her and what Hegazy stated before the Public Prosecution without her lawyer, the court also didn’t respond to what Hegazy’s lawyers pleaded to invalidate the lawsuit as it was decided before that there is no basis for a criminal case. 

Violation of the Right of Defense: Hegazy’s defense demanded the Court to acquit her based on the invalidity of her arrest and the lack of justification; due to the absence of a judicial order to seize her, the invalidity of the prosecution’s investigations due to the absence of a lawyer with her, absence of the elements of the two crimes of the habitual practice of prostitution and declaring herself in one of the public ways, the absence of technical evidence, No criminal prosecution was ordered; therefore the criminal case is invalid in terms of the second charge. The court did not provide any responses to these defenses, which invalidates its verdict. 

In the appeal memorandum, the Association for Freedom of Thought and Expression demanded that the appeal be accepted in form and merits and to acquit Hegazy. 

31 May 2022 “Juvenile Misdemeanour Court dismisses Moka Hegazy’s appeal and upholds verdict against her of two years in prison” 

Today, the Juvenile Misdemeanour Court of Appeal upheld the verdict issued against Content Creator Nancy Ayman Sobhy, known as “Moka Hegazy,” to two years in prison in connection with Case No. 5459 of 2020 (Juvenile appeal) registered under No. 188 of 2022  (Juvenile Misdemeanour). The Court also amended the verdict of the first charge to put Hegazy under Judicial probation, instead of one year in prison.

On February 24, Juvenile Misdemeanour Court sentenced Hegazy to one year in prison on the charge of practicing prostitution with men without discrimination in return for money, and two years in prison for offering herself in a public manner that contained temptation to practice debauchery.

26 April 2022 “Juvenile Misdemeanour Court to adjudicate Moka Hegazy’s appeal against verdict of 3 years in prison on May 31”

Today, the Juvenile Misdemeanour Court of Appeal set next May 31 as a date to adjudicate the appeal of Content Creator Nancy Ayman Sobhy, known as “Moka Hegazy,” against the verdict issued against her to 3 years in prison in connection with Case No. 5459 of 2020 (Juvenile appeal) registered under No. 188 of 2022  (Juvenile Misdemeanour).

As in today’s hearing, the court heard Hegazy’s defense panel and issued its decision to adjudicate the appeal in the next hearing. Hegazy faces charges of practicing prostitution with men without discrimination in return for money and offering herself in a public manner that contained temptation to practice debauchery; on February 24, Juvenile Misdemeanour Court sentenced Hegazy to one year in prison against the first charge and two years in prison against the second charge.

12 April 2022 “Hearing of Moka Hegazy’s appeal against verdict of 3 years in prison adjourned to Apr 26” 

Today, the Juvenile Misdemeanour Court of Appeal decided to adjourn the hearing of the appeal of Content Creator Nancy Ayman Sobhy, known as “Moka Hegazy,” in connection with Case No. 5459 of 2020 (Juvenile appeal) registered under No. 188 of 2022  (Juvenile Misdemeanour), to next April 26 hearing.

The court’s decision to adjourn the hearing came against submiting the defense’s the following requests, First: to include the prosecution’s investigation file in Case No. 5679 of 2021, which the current case was copied from regarding the charge of practicing prostitution with men without discrimination in return for money, as the defendant is a minor;  which indicates her indecency assault and being a victim in this incident, second: to issue a court record regarding the crime of human trafficking, and third: the court’s permission to issue the criminal record of Hegazy.

On February 24, Juvenile Misdemeanour Court sentenced Hegazy to one year in prison on the charge of practicing prostitution with men without discrimination in return for money, and two years in prison for offering herself in a public manner that contained temptation to practice debauchery.

29 March 2022  “Hearing of Moka Hegazy’s appeal against verdict of 3 years in prison adjourned to April 12”

Today, the Juvenile Misdemeanour Court of Appeal decided to adjourn the hearing of the appeal of Content Creator Nancy Ayman Sobhy, known as “Moka Hegazy” in connection with Case No. 5459 of 2020 (Juvenile appeal) registered under No. 188 of 2022  (Juvenile Misdemeanour), to next April 12 hearing.

On February 24, Juvenile Misdemeanour Court sentenced Hegazy -16 years- to one year in prison against the charge of practicing prostitution with men without discrimination in return for money, and two years for offering herself in a public manner that contained temptation to practice debauchery.