{"id":29798,"date":"2022-03-29T12:50:46","date_gmt":"2022-03-29T10:50:46","guid":{"rendered":"https:\/\/afteegypt.org\/?p=29798"},"modified":"2023-05-22T13:04:02","modified_gmt":"2023-05-22T10:04:02","slug":"hearing-of-moka-hegazys-appeal-against-verdict-of-3-years-in-prison-adjourned-to-april-5","status":"publish","type":"post","link":"https:\/\/afteegypt.org\/en\/legal-profiles-en\/2022\/03\/29\/29798-afteegypt.html","title":{"rendered":"Court of Cassation dismisses child Moka Hegazy’s appeal and upholds final sentence against her of two years in prison"},"content":{"rendered":"

13 May 2023<\/b><\/span><\/p>\n

On May 13, the Court of Cassation (Fifth Circuit) decided to dismiss appeal No. 14376 of 13 Judicial year, which was filed on behalf of Nancy Ayman Sobhy, aka \u201cMoka Hegazy, and upheld the two years in prison sentence against her, thus; Hegazy exhausted all degrees of litigation, and the Court\u2019s decision became final and can not be appealed.\u00a0<\/span><\/p>\n

On July 8, 2021, a police force arrested Hegazy, later after the interrogations before the Prosecution, Hegazy was accused of practicing prostitution with men without discrimination in return for money (the first accusation) and offering herself in a public manner that contained temptation to practice debauchery (the second accusation). The prosecution referred her to the criminal trial before the Juvenile Court, which issued its sentence against her on February 24, 2021, to one year in prison on the ground of the first accusation and two years in prison on the basis of the second accusation.\u00a0<\/span><\/p>\n

Hegazy appealed the sentence before the Juvenile Misdemeanour Court of Appeal, which amended the sentence by upholding the two years prison sentence and placing Hegazy under judicial probation for one year instead of detention. Judicial probation is one of the penalties against juveniles, considering their young age, by observing their behavior during the specified period.<\/span><\/p>\n

And one more time, Hegazy appealed the previous sentence before the Court of Cassation. The Court adjourned its adjudication of the appeal for several hearings till May 13, when it decided to dismiss the appeal, while the sentence can not be appealed again. Hegazy is serving her sentence in a care home, and her prison term ends on July 8.\u00a0<\/span><\/p>\n

11 March 2023 “Court of Cassation to adjudicate Moka Hegazy\u2019s appeal against her two-year prison sentence on March 25”\u00a0<\/b><\/span><\/p>\n

On March 11; The Court of Cassation set next March 25 hearing to adjudicate appeal No. 14376 of 13 filed by AFTE on behalf of Moka Hegazy against two years in prison and to be under judicial probation for one year sentence against her.\u00a0<\/span><\/p>\n

Hegazy was arrested on July 8, 2021, against accusations of practicing prostitution with men without discrimination in return for money and offering herself in a public manner that contained the temptation to practice debauchery pending case No. 5459 of 2020. The Juvenile Misdemeanour Court sentenced Hegazy to one year in prison for the first accusation and two years for the second one; later, the Juvenile Misdemeanour Court of Appeal upheld the two years prison sentence and replaced the prison sentence of the first charge with judicial probation.\u00a0<\/span><\/p>\n

28 January 2023 “Court of Cassation to adjudicate Moka Hegazy\u2019s appeal against two-year prison sentence on February 11”\u00a0<\/b><\/span><\/p>\n

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.<\/span><\/p>\n

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.\u00a0<\/span><\/p>\n

\u00a0<\/span><\/p>\n

The memorandum of appeal was based on the following grounds:\u00a0<\/span><\/p>\n

Erroneous in applying the law:<\/b> 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\u2019s not enough evidence.<\/span><\/p>\n

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\u2019s no basis for a criminal case. Therefore it is not permissible to hold her accountable or punish her for it.<\/span><\/p>\n

The invalidity of the appealed verdict due to lack of causation and inference:<\/b> as stated in Hegazy\u2019s 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\u2019t caught red-handed and without a warrant from the Public Prosecution which invalidates her arrest procedures.<\/span><\/p>\n

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\u2019t respond to what Hegazy\u2019s lawyers pleaded to invalidate the lawsuit as it was decided before that there is no basis for a criminal case.\u00a0<\/span><\/p>\n

Violation of the Right of Defense: <\/b>Hegazy\u2019s 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\u2019s 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.\u00a0<\/span><\/p>\n

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.\u00a0<\/span><\/p>\n

31 May 2022 “Juvenile Misdemeanour Court dismisses Moka Hegazy\u2019s appeal and upholds verdict against her of two years in prison”\u00a0<\/strong><\/span><\/p>\n

Today, the Juvenile Misdemeanour Court of Appeal upheld the verdict issued against Content Creator Nancy Ayman Sobhy, known as \u201cMoka Hegazy,\u201d to two years in prison in connection with Case No. 5459 of 2020 (Juvenile appeal) registered under No. 188 of 2022\u00a0 (Juvenile Misdemeanour). The Court also amended the verdict of the first charge to put Hegazy under Judicial probation, instead of one year in prison.<\/p>\n

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.<\/p>\n

26 April 2022 “Juvenile Misdemeanour Court to adjudicate Moka Hegazy\u2019s appeal against verdict of 3 years in prison on May 31”
\n<\/strong><\/span><\/p>\n

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 \u201cMoka Hegazy,\u201d 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\u00a0 (Juvenile Misdemeanour).<\/p>\n

As in today\u2019s hearing, the court heard Hegazy\u2019s 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.<\/p>\n

12 April 2022 “Hearing of Moka Hegazy\u2019s appeal against verdict of 3 years in prison adjourned to Apr 26”\u00a0<\/strong><\/span><\/p>\n

Today, the Juvenile Misdemeanour Court of Appeal decided to adjourn the hearing of the appeal of Content Creator Nancy Ayman Sobhy, known as \u201cMoka Hegazy,\u201d in connection with Case No. 5459 of 2020 (Juvenile appeal) registered under No. 188 of 2022\u00a0 (Juvenile Misdemeanour), to next April 26 hearing.<\/p>\n

The court\u2019s decision to adjourn the hearing came against submiting the defense\u2019s the following requests, First: to include the prosecution\u2019s 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;\u00a0 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\u2019s permission to issue the criminal record of Hegazy.<\/p>\n

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.<\/p>\n

29 March 2022\u00a0 “Hearing of Moka Hegazy\u2019s appeal against verdict of 3 years in prison adjourned to April 12”
\n<\/strong><\/span><\/p>\n

Today, the Juvenile Misdemeanour Court of Appeal decided to adjourn the hearing of the appeal of Content Creator Nancy Ayman Sobhy, known as \u201cMoka Hegazy\u201d in connection with Case No. 5459 of 2020 (Juvenile appeal) registered under No. 188 of 2022\u00a0 (Juvenile Misdemeanour), to next April 12 hearing.<\/p>\n

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.<\/p>\n","protected":false},"excerpt":{"rendered":"

13 May 2023 On May 13, the Court of Cassation (Fifth Circuit) decided to dismiss appeal No. 14376 of 13 Judicial year, which was filed on behalf of Nancy Ayman Sobhy, aka \u201cMoka Hegazy, and upheld the two years in prison sentence against her, thus; Hegazy exhausted all degrees of litigation, and the Court\u2019s decision […]<\/p>\n","protected":false},"author":84,"featured_media":34512,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_lmt_disableupdate":"no","_lmt_disable":"","_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[978,975],"tags":[],"class_list":["post-29798","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-legal-news-en","category-legal-profiles-en"],"acf":[],"yoast_head":"\nCourt of Cassation dismisses child Moka Hegazy's appeal and upholds final sentence against her of two years in prison - 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