المقالات القانونية / القانون الجنائي


What are the Penalties for Forging Drug Tests in the UAE?

criminal law

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April 13, 2023


How does the UAE government deal with drug-related cases?

Offences related to drugs in the UAE are governed by Federal Decree-Law No. 30 of 2021, On Narcotics and Psychotropic Substances, and are severely punished. The country has a zero-tolerance policy when it comes to the use or possession of drugs, which includes buying and selling of drugs unless done for medical or scientific purposes under supervision and regulations. Regardless, people, especially from foreign countries, tend to bring and use drugs in the UAE, unaware of the consequences. As a result, several people have faced fines and jail time, including deportation from the UAE, as punishments for being involved in drug-related cases.

Is it mandatory to undergo a drug test in the UAE?

People who are caught with drugs in the UAE may be made to undergo urine or blood tests in order to confirm if they have been using drugs or not. This is done in order to ensure public order and health, and for those who are made to undergo a medical test for employment purposes, drug tests are carried out to make sure that the employee meets the necessary criteria to be employed in the UAE.

What is a forged drug test?

Following Article 251 of Federal Decree-Law No. 31 of 2021, that is the Penal Code, forging a document means altering a document to hide the true facts contained therein. Forgery can be committed through faking signatures or entire documents, removing or changing words or numbers, obtaining signatures on blank documents, impersonating or altering identities etc.

A forged drug test is one that has been altered with, to hide or change whatever information was depicted on it. People who undergo drug tests and get back positive results might attempt to conceal the same, or replace the test with another, fake result, to avoid punishment.

What happens if someone submits a forged drug test result in the UAE?

Submitting a forged or fake drug test result will lead to criminal proceedings on the grounds of forgery, against the wrongdoer. Forgery is an act punishable by the law, although it depends as to whether the said document was official or non-official.

Forgery of an official document, i.e. a document issued by a public official, is punishable with temporary imprisonment, which may extend to a period of 10 years, as per Article 252 of the Penal Code. Even if a copy of an official document is found to be forged, the person will be liable to imprisonment for almost 5 years. Therefore, if a person is found submitting fake results of drug tests conducted by any local or federal authority in the UAE, he or she will be liable to the punishment under Article 252 of the Penal Code.

On the other hand, those not falling under the ambit of official documents are rendered unofficial documents. Forging an unofficial document or its copy can lead to a jail sentence for the person.

In addition to this, Article 14 of Federal Decree-Law No. 34 of 2021, Concerning the Fight against Rumours and Cybercrime, punishes those who are found guilty of forging electronic documents. Consequently, forging drug tests available in electronic form can result in imprisonment or fine which may go as high as AED 750,000.

Will I be subject to any punishment if I use a forged document?

If you knowingly used a forged document, you may face the same penalty as the offence of forgery. Similarly, using a forged electronic document will make you liable to the same penalty as for forging an electronic document.

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