Cassation Appeal Lapses After Defendant Fails to Serve Sentence

TDT | Manama

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Court says defendant must report to serve custodial sentence before the hearing

The Court of Cassation has ruled that an appeal filed by a foreign national lapsed after he failed to report to serve a two-month prison sentence and pay a BD1,000 fine imposed for driving under the influence of alcohol and causing property damage.

The defendant was convicted of driving while under the influence of an intoxicant, causing damage to third-party property and failing to exercise due care while driving.

The Lower Criminal Court sentenced him to two months in prison and a BD1,000 fine, with BD100 bail set to suspend the prison sentence. The High Criminal Court later upheld the ruling after rejecting his appeal on the merits.

The defendant then filed a cassation appeal but did not report to serve his prison sentence before the scheduled hearing.

The Court of Cassation said Article 31 of the Court of Cassation Law requires an appeal by a defendant sentenced to imprisonment to lapse if he fails to report to serve the sentence before the hearing.

The court also noted that filing a cassation appeal does not suspend the execution of a final custodial sentence. It therefore ruled that the defendant’s appeal had lapsed.