Bribe and blackmail are two different concepts under criminal law. Bribe is generally understood to mean offering a gift or a benefit to another person who is in a position of power or who holds a public office, in exchange for a favor which may not be in line with his duties. On the other hand, blackmail may be understood as coercing a person to do certain acts by threatening adverse consequences if he does not commit such acts.
The law which governs crimes and its penalties in the United Arab Emirates is the Federal Decree Law No. 31 of 2021 (UAE Penal Code). The UAE Penal Code came into force from 2 January 2022 and abrogated and repealed the penal code applicable previously, called the Federal Law No. 3 of 1987.
If you have never been involved in a court proceeding in the UAE, chances are that you may not be familiar with the phrase “memorandum of defense”. However, it may be relevant to know this term and the process of litigation before the UAE courts if you are a resident of UAE or generally curious to know how the courts work in the UAE
Bail is a provisional release of an accused and may be granted by the public prosecution for a felony or a misdemeanor, at any time whether on its own decision or upon request of the accused unless the accused has been r
In common language, smuggling is understood as the illegal import or export of products into or out of a country.
In common language, infanticide means killing or murdering a very young child, who is less than 1 year old. In the United Arab Emirates, while there is no specific law on infanticide, the Wadeema's Law provides protection to children in the UAE.
The International Criminal Court (ICC) is a permanent international court which was established pursuant to the Rome Statute of the International Criminal Court held in 1998. Countries which have ratified the Rome Statute agree to submit to the jurisdiction of the ICC for crimes which the ICC has jurisdiction to try. The seat of the ICC is in the Hague in the Netherlands.
Filing a criminal case for false complaints is one of the legal rights of an individual, whether local or expat based in the UAE, and such rights could be extended to even protect corporates. The explanations above give a broad insight into various aspects of reporting false accusations. Watch out for more of our insights and analysis on this topic and other legal issues.
The United Arab Emirates criminalizes filing false complaints if the complainant knows that the crime has not been committed. The punishment could vary between a fine or a jail sentence and this depends on the discretion of the courts.
The new changes are part of the preventive approach undertaken by the government, which would now allow police officers to check and question people found carrying such banned objects. Such practices will in all certainty heighten the security in the country and pave way for reduced crimes.
The rules and procedures concerning investigation, trial procedure, evidence, judgment, appeal procedures and enforcement measures are stated in the criminal procedure code.
Submitting fake claims in the UAE can be subject to the provisions of the ‘false accusations’ under the UAE Penal Code.
In various judgments, while awarding moral damages, the UAE courts have considered the level of pain, grief and distress suffered by a victim when determining or quantifying the compensation to be awarded.
A civil suit can be temporary withheld until the final judgment is obtained in the criminal case that is filed in the same subject matter. An expert criminal trial lawyer is best suited to advise and handle the defense strategy in criminal matters.
A crime can be classified generally as ‘infractions’, ‘misdemeanours’ and ‘felony’ depending on the seriousness of the offence.
The concept of whistleblowing is covered under the penal code of the UAE which includes a requisite whereby all the individual are required to report any type of criminal activity.
A crime involving a physical attack or even a threat of attack can be potentially classified as an assault.
The continuous COVID-19 pandemic has prompted an incredible number of changes to the manner in which we work, mingle and socially connect.
A recent tragedy hit UAE on Thursday, 18 June 2020, when an Indian couple was brutally stabbed and robbed by the accused post breaking and entering in the house with an intention to commit theft.
Individuals should be morally responsible, follow the directions issued by the specialists, stay away from rumours, look for clinical assistance and not come in contact with others in case they are infected, which may risk the chances of others being infected as well.
The law governing the electronic evidence is Electronic Transactions and Commerce Law Number 2 of 2002 herein mentioned as the Electronic Transactions Law.
Compos Mentis is one amongst the other significant elements in establishing criminal accountability.
UAE nightlife may seem attractive on the outside yet could be dangerous on the inside. Like the rest of the world, UAE has also faced the social peril called the consumption of illegal drugs. As a countermeasure, the UAE has issued a new law on narcotics and psychotropic substances.
Theft involves obtaining someone else's property with the intention of depriving the other person permanently from such movable property without their consent.
Moral etiquettes, if crossed leads to trouble regardless of the platform. Then don't be startled when people face trial due to what they wrote on social media especially in UAE where moral turpitude is frowned upon.
Someone's negligence is someone's loss, but that loss often leads to the right of seeking compensation.
You can run, but you cannot hide, on this note the government of United Arab Emirates and South African government signed an extradition treaty and mutual legal collaboration in criminal matters in late 2018.
Extradition is the most recurrent type of international collaboration between two countries.
A bare review of the laws manifests that it is easy to determine the criminal intent of a person as he is always aware of acts and the consequences attached to it, yet it is one of the difficult tasks before the criminal court, depending upon varying circumstances of the case.
The relation between the patient and the doctor has been in a bubble for a while as we have come across numerous medical negligence cases where medical professionals have failed to exercise the reasonable duty of care.
Think about this situation - You are a majority shareholder of an organization which is confronting financial issues. The company applied for a bank loan. However, bank necessitates that a personal guarantor should offer a guarantee.
NOT JUST A CRIMINAL ACT WILL MAKE YOU A CRIMINAL So, the plan is that "A will enter the apartment wearing women's abaya with a key provided by C, B will wait outside in the car, and once we complete the act, we will keep the money at D's place." The plan is simple, and everyone is aware of their role in the act.
WHAT MUST YOU DO IF YOU ARE DEPORTED FROM UAE? UAE is a pool of legislation which governs every aspect of citizens' life residing in the country, ensuring peace and harmony.
"The freedom of movement and residence will be granted within limits of laws" quotes from Article 29 of the UAE constitution offers freedom and simultaneously curtail it on the basis of law. It implies that everyone enjoys the freedom to travel inside and outside the country unless specifically objected by law through a travel ban.
Federal Decree-Law No. 17 of 2018, which amended the Criminal Procedure Code (Federal Law No. 35 of 1992) provides for an alternative to imprisonment in certain offences and is subject to certain restrictions, which we have explained in this article.
This article discuss the new Law in the UAE, which the Prosecution Can Allow the Accused and the Victim to Settle Criminal Matters Amicably.
This article discuss a new procedural system established by the amendment to the UAE Criminal Procedure Law, which envisages efficient and seamless transition of workflow with the goal to lessen the judicial workload. The system empowers prosecutors, subject to the limits provided in the law, to find the accused guilty of specific misdemeanours and issue a decision of penalty against the convict without referring the matter to the court.
This article explains how arresting individuals work under the UAE Criminal Procedure Law No. 35 1992 and its amendment. It further demonstrates potential scenarios for arresting an individual in the criminal procedure law...
This article explains about how the arrest orders are issued by the public prosecution, its validity, and contents and further discusses about the length of detention period according to Article 101, 104 and 105 of the Criminal...
This article clarifies how the Pre-trial imprisonment orders are issued, its power, and contents and further discusses about the discretionary power that public prosecution hold to issue the pretrial imprisonment order unless there is a...
This article will further clarify the arrest warrant procedures and pretrial imprisonment order procedures. It also simplifies the matter of provisional release until the investigation is completed, which is commonly known as Bail.
The article sheds some light on the rules and regulation which has to be followed in the Sessions in most of the criminal cases under the Criminal Procedures Law, Federal Law No. (35) Of the Year 1992 and its amendments.
This article simplifies the witness hearing procedures in the criminal proceedings. It further discusses the rights of the prosecutors, the victim, the accused and his or her attorney.
This article explains the procedure of referring the cases to criminal courts from prosecution after the completion of the investigation stage.
Total Publications: 44
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