Open Trial of 9 Individuals Held at the Justice and Judicial Center for Combating Serious Corruption Crimes

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Open Trial of 9 Individuals Held at the Justice and Judicial Center for Combating Serious Corruption Crimes

The Justice and Judicial Center for Combating Serious Corruption Crimes conducted an appellate trial of nine people convicted for the charges of embezzlement, deception, and money laundering. The session held on January 30, 2017, openly tried Abdullah, Nizamuddin, Mohammad Anwar, Najibullah, Khadim Hussain, Salim Mohammad, Safiullah, and Mohammad Nadir.

The court sentenced Safiullah to 3 years imprisonment for the charge of money laundering and a cash fine of AFN 50,000 as well as confiscation of laundered money.  According to articles 4 and 5 and amendment of article 52 of the Anti-Money Laundering Law, he was found guilty in all three cases of embezzlement worth AFN 473,000, AFN 370,000, and AFN 611,000.  The court convicted Safiullah to 4 years and 6 months imprisonment in line with articles 267, 145, and 39 of the Penal Code. The Appellate Court sentenced Safiullah to a total of 7 years and 6 months imprisonment and cash fine of AFN 50,000.

The court convicted Abdullah of forgery and multiple crimes of embezzlement worth AFN 473,000, AFN 1,370,000, and AFN5, 611, and sentenced to 6 years imprisonment in keeping with articles 267, 145, and 39 of the Penal Code of Afghanistan. In the case of embezzling AFN 8,740,000, AFN 221,811, the court sentenced Abdullah to 12 years imprisonment effective as of detention date by the Appellate Court.

The Primary Court convicted another accused, Khadim Hussain, to 10 years imprisonment for the charge of embezzlement in light of articles 268, 273, 239, and 158 of the Penal Code; he received an amendment by the Appellate Court and sentenced to 7 years and 6 months imprisonment. 

The Appellate Court mitigated the punishment of Nizamuddin for participating in the two cases of embezzlement. His sentence of 7 years and 6 months imprisonment is according to articles 268, 273, 239, and 158 of the Penal Code.

The Appellate Court also mitigated the punishment of Salim Mohammad and Najibullah.  Both sentenced previously to 5 years imprisonment in accordance with articles 268, 273, 239, and 158 of the penal code for the charge of participating in the embezzlement of AFN 8,000,000, and their sentences reduced to 4 years of imprisonment.

On the other hand, the court found Najibullah guilty in the case of forging a “bank check” and sentenced him to one year and one month imprisonment according to article 310 of the Penal Code.

Based on the decision of the Justice and Judicial Center for Combating Serious Corruption Crimes, sentencing of Mohammad Nadir was 3 years imprisonment and a cash fine of AFN 50,000 according to articles 4, 5, and amendment of article 52 of Anti-Money Laundering Law and Income of Crimes. The court dropped his cash fine in order to return the equivalent of laundered money due to an error in implementing the law.

The court found Abdullah as main perpetrator of the case of embezzlement of 8 million Afghanis. The court ordered Nizamuddin, Salim Mohammad, Mohammad Anwar, and Najibullah as crime associates, and ordered them to pay the laundered money or its equivalent according to articles 273 and 39 of the Penal Code of Afghanistan.

The Primary trial of the charged occurred one month ago in the Justice and Judicial Center and they appealed their primary trial.