The High Court of Appeal has unanimously accepted the appeal of the Public Prosecution in merits and form to overturn a verdict acquitting two members of an association that is licenced to collect funds.
According to the Chief of the Appeals Prosecution, the same court fined the two suspects BD500 for failing to submit a report on the amounts collected within 15 days after the end of the period specified for collecting the money.
Case documents show that the Public Prosecution had received a report from the Social Development Ministry indicating that the chairman and treasurer of the same association had failed to submit a report on the collected sums of money within the specified legal period.
While investigating the case, the Public Prosecution was informed about the statements of the two defendants, who denied the charge against them and affirmed that they had not been aware of the legally specified period for submitting fundraising reports.
During their trial, the Court of First Instance acquitted the defendants on the grounds that the association was the legal person or entity authorised to collect money and not the suspects.
The Public Prosecution then appealed the court ruling, saying that the determination of the criminal responsibility of the legal person requires explicit provisions that specify penalties appropriate to their nature (legal persons’).
It also argued that legal persons are not generally criminally liable for the crimes committed by their representatives while carrying out their work, and that the one who is liable is the perpetrator personally.
As a result, the Higher Court of Appeals annulled the initial ruling and issued the aforementioned verdict.
Source: Bahrain News Agency
